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HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY DAVID WALKER RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY DAVID WALKER (CLAIMANT) IN THE AGGREGATE SUM OF SEVENTY- FIVE THOUSAND DOLLARS ($75,000.00), PAYABLE AS FOLLOWS: FULCHER HAGLER LLP, AS ATTORNEYS FOR DAVID WALKER; FURTHER AUTHORIZING THE ADMINISTRATOR TO DISBURSE THE AMOUNT OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00); •IN)CONFLICT FOR THISNG , GEORGIA CODE OF ORDINANCES INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, David Walker made a claim of false imprisonment, false arrest, malicious prosecution, and negligence stemming from a taser incident involving Deputy Mitchell Black; WHEREAS, all parties to said claims desire to settle all claims; and d WHEREAS, Claimant has agreed to settle all claims against County forathecsumonof County, Deputy Mitchell Black, and the Sheriff of Richmond to Fulcher Hagler LLP. seventy-five thousand dollars ($75,000.00), payable WHEREAS,it is in the best interests of Augusta,Georgia to resolve this matter and pay the amount of seventy-five thousand dollars ($75,000.00) to Claimant as set out above to settle all claims of Claimant against Deputy Mitchell Black, Augusta-Richmond County, the Sheriff of Richmond County and their employees and agents arising out of the facts alleged in said claim: While responding to a call about a stolen purse, Deputy Mitchell Black became involved in a verbal altercation m his taserh Claimant, Claimant and arrestedthhm for disorderly e scene. Deputy Black fired both cartridges from conduct. WHEREAS,Augusta,Georgia acknowledges that the payment set forth herein does not constitute any admission of liability on the part of Augusta, Georgia, the Sheriff of Richmond County, or any of their deputies or employees and liability is expressly denied; NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Commission, Section 1: The Augusta, Georgia Commission will settle theclaims sos t forth above for the sum of seventy-five thousand dollars ($75,000.00), payable lcher Hagler LLP, attorneys for David Walker. Section 2: The County Administrator is authorized to pay a total sum of seventy-five thousand dollars ($75,000.00),payable to Fulcher Hagler LLP, attorneys for David Walker. Settlement Resolution David Walker v.Deputy Black et al. Page iof2 Section 3: To the extent that any section of the AUGUSTA,GA.CODE is in conflict herewith, that subsection is waived for this instance only. - - O Adopted this � day of , 2018. 0 , .,,. - _..rr_: Ado Hardie Davis,f`r.` H , . .., 0 fAs its Mayor f4eciF ..,,,. , to Attest: ate '" / °1 q, i Vit 4! j ,„( 41 :',,f..,/r ;,0 44,/, L-na �, :o n Comrrtssi n 0 e' . 4 • to % Sid: 4: %«�.�««► . ERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta, Georgia Commission on , 2018 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). Lena J. Bonner, Clerk of Commission Settlement Resolution David Walker v.Deputy Black et al. Page 2of2