CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
title
Adopt a resolution approving the settlement agreement between John Doe by and through his guardian Carolyn Clark and the City of Naperville.
body
DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Lutzke, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
On April 19, 2017, the guardian of a minor child “John Doe” filed a lawsuit in the Northern District of Illinois asserting that two police officers unreasonably seized him and failed to protect him from a danger that they created and asserted a Monell claim against the City of Naperville alleging that it has a pattern and practice of similarly violating other’s constitutional rights.
DISCUSSION:
After the Monell claim was dismissed and summary judgment was granted in favor of one of the officers, the City reached a settlement with the guardian of the minor child subject to City Council approval. The attached resolution approves the settlement agreement.
FISCAL IMPACT:
The City will make a one-time payment to the minor by and through his guardian for $85,000.00. The City will also make a one-time payment to the minor’s attorney for $40,000.00.