TITLE
Recommendation to authorize City Attorney to pay the sum of $10,000 in full settlement of lawsuit entitled Bering vs. City of Long Beach.
DISCUSSION
This case involves a federal lawsuit for civil rights violations filed by the Plaintiff for an incident which occurred on April 19, 2004.
The police were dispatched to a disturbance call wherein they observed Plaintiff and his brother in the street. The officers noted symptoms of intoxication. As a result, they were ordered to the police vehicle for a check. Plaintiff became belligerent and did not follow orders to remain by the vehicle. Based upon his charging towards the officers, the Plaintiff was struck several times by a baton, resulting in an elbow fracture which required two surgeries.
After negotiations, the parties tentatively agreed to a full and complete settlement, inclusive of all costs and fees in the amount of $10,000.00.
The proposed settlement was presented to the Economic Development and Finance Committee on November 21,2006 and was approved on that date. We therefore ask authority to pay the sum of $10,000.00 in full settlement of this claim against the City of Long Beach.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
ROBERT E. SHANNON, City Attorney