Share to Facebook Share to Twitter Bookmark and Share
File #: 19-835    Version: 1
Type: Resolution Status: Passed
File created: 8/26/2019 In control: City Council
On agenda: 9/3/2019 Final action: 9/3/2019
Title: Adopt a resolution approving the settlement agreement between John Doe by and through his guardian Carolyn Clark and the City of Naperville.
Attachments: 1. Resolution, 2. Settlement Agreement

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.