HomeMy WebLinkAboutRESOLUTION AUTHORIZING SETTLEMENT OF ALL CLAIMS BY ROBERT SMITH THROUGH NEXT FRIEND MELISSA SMITH IN AMOUNT OF $200,000 �
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RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS
BY ROBERT SMITH THROUGH NEXT FRIEND MELISSA SMITH IN
THE AGGREGATE AMOUNT OF TWO HUNDRED THOUSAND
DOLLARS ($200,000); AUTHORIZING THE COUNTY
ADMINISTRATOR TO DISBURSE THE AMOUNT OF TWO HUNDRED
THOUSAND DOLLARS ($200,000); WAIVING AUGUSTA-RICHMOND
COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR
THIS INSTANCE ONLY; AND FOR OTHER PURPOSES.
WHEREAS, Robert Smith through next friend Melissa Smith, has a lawsuit now pending
in the United States District Court for the Southern District of Georgia, Civil Action No. CV 110-
126;
WHEREAS, all parties to said civil action desire to settle all claims; and
WHEREAS, Claimant has agreed to settle all claims against Augusta-Richmand County,
Sheriff Ronald Strength, and deputies sheriffs employed by Sheriff Ronald Strength far the sum
of two hundred thousand dollars ($200,000.00);
WHEREAS, it is in the best interests of Augusta-Richmond County to resolve this matter
and pay the amount of two hundred thousand dollars ($200,000.00) to Claimants as set out above
to settle all claims of Claimants against Augusta-Richmond County, the Sheriff of Richmond
Caunty and their employees and agents arising out of the facts alleged in said lawsuit:
On September 22, 2008, deputies with the Richmond County
Sheriff's Office were dispatched to a certain location in Augusta
based upon information that an individual named Chris Foster was
traveling around the area in a truck of a certain description and that
there were outstanding felony warrants for Foster. Deputies
dispatched to the area observed a truck fitting the description and
when the occupants of the truck saw the patrol vehicle, the truck
pulled over and the passenger got out of the truck and began
fleeing from the officers. Deputies gave chase and eventually lost
sight of the fleeing individual. Deputies then received information
from a bystander that the individual they were chasing lived in a
certain house on Doughty Road. Deputies went to the house and
eventually received permission to search the house. Upon
searching the house, deputies found the individual that was fleeing
from them hiding in an attic. The individual jumped through the
attic floor and fell into a bedroom below. The individual then went
into a bathroom and locked himself in and refused to come out in
response to the officers' demands. Deputies eventually forced
their way into the bathroom and the individual resisted resulting in
force used upon the individual which claimant contends was
excessive and caused serious injuries to said person. The
individual was later determined to be Robert Smith and not Chris
Settlement Resolution
Robert Smith through next friend Melissa Smith
Page 2 of 3
Foster. Mr. Smith was fleeing because there was an outstanding
Columbia County warrant for his arrest for probation violations
WHEREAS, Augusta-Richmond County acknowledges that the payment set forth herein
does not constitute any admission of liability on the part of Augusta-Richmond County, Sheriff
Strength, or any of their deputies or employees and liability is expressly denied;
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission,
Section 1: The Augusta-Richmond County Commission will settle the claims of
Robert Smith through next friend Melissa Smith for the aggregate amount
of two hundred thousand dollars ($200,000).
Section 2: The County Administrator is authorized to pay a total sum of two hundred
thousand dollars ($200,000) to Robert Smith at the direction of the
Commission.
Section 3: To the extent that any section of the Au�usTA, GA. CoDE is in conflict
herewith, that subsection is waived for this instance only.
Adopted thisZ4 �ay of oL�v�,�. , 2012.
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Settlement Resolution
Robert Smith through next friend Melissa Smith
Page 3 of 3
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
fore � esolu ion was duly adopted by the Augusta-Richmond County Commission
on � , 2012 and that such Resolution has not been modified or rescinded as
of the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Resolution which was approved and adopted in the foregoing meeting(s).
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Lena J. Bo er, Clerk of Commission