RESOLUTION NO. RS2004-170

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Alonzo Holbert against Sergeant David Imhof and Sergeant Jeff Sanders for the amount of $35,000, and directing that this amount be paid from the Judgments and Losses Account.

WHEREAS, a lawsuit based on claims of excessive force and violation of plaintiff’s civil rights was filed by the plaintiff in the United States District Court for the Middle District of Tennessee, and a similar lawsuit for assault and battery against these officers was filed in the Fifth Circuit Court of Davidson County, Tennessee; and

WHEREAS, after investigation, the Department of Law believes the settlement amount as set forth in Section 1 is fair and reasonable and recommends that these cases be compromised and settled and that the total amount of $35,000 be paid from the Judgment and Losses Fund to settle both cases together.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. The Department of Law is authorized to compromise and settle the lawsuits styled Holbert v. Imhof et al., No. 3:02-0521 in the U.S. District Court for the Middle District of Tennessee and Holbert v. Imhof et al., No. 02C-1612 in the Fifth Circuit Court for Davidson County, for the total sum of $35,000 to settle both cases together, and directing that this amount be paid from the Judgments and Losses Account.

Section 2. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Brenda Gilmore

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee 
Introduced: February 3, 2004 
Adopted: February 3, 2004  
Approved: February 5, 2004 
By: