City of Long Beach - File #: 09-1334

• File #: 09-1334
• Version: 1
• Name: CA - Williams v. Cummings
• Type: Agenda Item
• Status: Approved
• File created: 12/4/2009
• In control: City Council
• On agenda: 1/5/2010
• Final action: 1/5/2010
• Title: Recommendation to authorize City Attorney to pay sum of $45,000 in full settlement of lawsuit entitled Williams v. Cummings, et al.
• Sponsors: City Attorney
• Indexes: Lawsuit, Settlement

Date	Ver.	Action By	Action	Result
1/5/2010	1	City Council	approve recommendation	Pass
12/15/2009	1	City Council	withdrawn

TITLE

Recommendation to authorize City Attorney to pay sum of $45,000 in full settlement of lawsuit entitled Williams v. Cummings, et al.

DISCUSSION

This case involves a claim of excessive force used by an officer during a traffic stop.

Plaintiff claims he was injured because of the force and has medical specials of approximately $10,000.  Plaintiff has ongoing complaints of pain and loss of range of motion in his wrist. Plaintiff also claims wage loss of about $12,000.

A mandatory settlement conference was held before a Magistrate Judge.

After negotiation, Plaintiff has agreed to accept $45,000 as full settlement of this case.

The proposed settlement was presented to the Economic Development and Finance Committee on December 1, 2009 and was approved on that date.  We therefore ask authority to pay the sum of $45,000 in full settlement of this claim against the City of Long Beach.

SUGGESTED ACTION

Approve recommendation.

Respectfully Submitted,

Theodore B. Zinger

Deputy City Attorney