City of Long Beach - File #: 09-0893

• File #: 09-0893
• Version: 1
• Name: ATTORNEY-Lawsuit settlement entitled Able Garcia v. COLB
• Type: Agenda Item
• Status: Approved
• File created: 8/24/2009
• In control: City Council
• On agenda: 9/1/2009
• Final action: 9/1/2009
• Title: Recommendation to authorize City Attorney to pay the sum of $45,000 in full settlement of lawsuit entitled Able Garcia v. City of Long Beach, et al., Case No. CV07-2266 DDP.
• Sponsors: City Attorney
• Indexes: Settlement

Date	Ver.	Action By	Action	Result
9/1/2009	1	City Council	approve recommendation	Pass

TITLE

Recommendation to authorize City Attorney to pay the sum of $45,000 in full settlement of lawsuit entitled Able Garcia v. City of Long Beach, et al., Case No. CV07-2266 DDP.

DISCUSSION

On October 30, 2006, Long Beach police officers arrested Plaintiff for a noise disturbance.  Plantiff claiims that the police used excessive force in making the arrest and that the police officers searched his home in violation of the fourth Amendment.

Following settlement discussions with Plaintiff's counsel and a federal mediator, Plaintiff has agreed to settle this matter for $5,000.  The prposed settlement was presented to the Economic Development and Finance Committee on August 4, 2009, and was approved on that date.  We therefore ask authority to pay the sum of $45,000 in full settlement of this lawsuit.

SUGGESTED ACTION

Approve recommendation.

Respectfully Submitted,

ROBERT E. SHANNON, City Attorney

By

      MONTE H. MACHIT

      Principal Deputy