Broken Arrow City Council
Meeting of: 4-19-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, possible approval of and authorization to execute Resolution No. 916, a Resolution repealing Resolution No. 913 and 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
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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.
On April 5, 2016, the City Council for the City of Broken Arrow passed Resolution No. 913, authorizing the City Attorney to enter into a Journal Entry of Judgment in the amount of $156,967.00, with $125,000.00 made payable to Gary Clark and Bryan and Terrill Law, PLLC and $31,967.00 made payable to the Oklahoma Health Care Authority.
On April 6, 2016, the day after the Council Meeting, Susan Eads, Deputy General Counsel for the Oklahoma Health Care Authority advised the City of Broken Arrow and Mr. Clark that the Oklahoma Health Care Authority lien totaled $37,185.19. Ms. Eads also advised that the Oklahoma Health Care Authority reduced its lien from $37,185.19 to $22,311.12. Oklahoma Health Care Authority’s lien was a prorated amount of the total recovery of $156,967.00 to account for attorney’s fees and costs of recovery. The reduced lien amount of $22,211.12 is valid until May 11, 2016.
Resolution No. 915, affirms the original settlement amount of this matter for $156,967.00 approved on April 5, 2016, under Resolution No. 913 but corrects the settlement amount paid to the Oklahoma Health Care Authority from $31,967.00 to $22,311.12 and amount paid to Gary Clark and Bryan and Terrill Law, PLLC from $125,000.00 to $134,655.88 pursuant to Oklahoma Health Care Authority’s lien release.
The attached resolution authorizes the Journal Entry of Judgment in this matter for $156,967.00 as well as direction to prepare and file documentation necessary to effectuate the terms of the settlement. The Legal Department recommends that the Council approve Resolution No. 916 and authorize its execution.
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. 916
Recommendation:
Approve Resolution No. 916 and authorize its execution