Broken Arrow City Council
Meeting of: 4-5-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, possible approval of and authorization to execute Resolution No. 913, a Resolution authorizing the City Attorney to enter into a proposed Joint Application for Approval of Settlement and a Journal Entry of Judgment in regard to the Tort Claim filed by Gary Clark, and directing the City Attorney to prepare and file the necessary documents to effectuate settlement, including a Journal Entry of Judgment for the court’s approval, pursuant to 51 O.S. § 158
End
Background:
On July 22, 2015, Gary Clark filed a tort claim against the City of Broken Arrow by and through his attorney of record, J. Spencer Bryan with the law firm of Bryan and Terrell, alleging that the City of Broken Arrow used deadly force against Gary Clark in violation of 42 USC § 12132 (Title II, Americans with Disabilities Act), 42 USC §1983, Excessive Force in Violation of the 4th Amendment, and negligence, on or about August 18, 2014, resulting in bodily injury to Gary Clark. Mr. Clark was shot by a City of Broken Arrow Police Officer on August 18, 2014, in the course of arresting Mr. Clark for assault with a deadly weapon. Settlement of all claims was reached between the parties in the sum of $156,967.00 which Council previously agreed upon.
The attached resolution authorized the Journal Entry of Judgment in this matter as well as direction to prepare and file documentation necessary to effectuate the terms of the settlement.
Cost: $156,967.00
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Finance Department
Police Department
Acting Assistant City Manager - Administration
Approved By: Michael L. Spurgeon, City Manager
Attachments: Resolution No. 913
Recommendation:
Approve Resolution No. 913 and authorize its execution.