RESOLUTION NO. RS2010-1179

A resolution authorizing the Metropolitan Department of Law to compromise and settle Paula Milligan’s claims against The Metropolitan Government of Nashville and Davidson County for the amount of $195,000.00, and Monty Milligan’s claim for the amount of $55,000.00, plus costs to be determined by the Court and not to exceed $25,000.00, and directing that these amounts be paid from the Self-Insured Liability Fund.

WHEREAS, on October 24, 2006, Paula Ann Milligan was arrested on an outstanding capias that was made out for someone other than her; and,

WHEREAS, the mistaken arrest resulted from a data entry error and a faulty warrant verification by two Metropolitan Nashville Police Department Warrants Division employees; and,

WHEREAS, Paula and Monty Milligan filed suit against the Metropolitan Government on October 23, 2007, alleging damages resulting from Paula Milligan’s mistaken arrest; and,

WHEREAS, after investigation, the Department of Law believes that the settlement listed in Section 1 is advisable and in the Metropolitan Government’s best interest, and recommends that this lawsuit be compromised and settled.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan Department of Law is authorized to compromise and settle, in consolidated lawsuits Paula Ann & Harold Montgomery Milligan v. Metropolitan Government et al., Nos. 3:07-cv-1053 & 3:08-cv-0380, the claims of Paula Milligan for $195,000.00, the claim of Monty Milligan for $55,000.00, plus costs to be determined by the Court, but not to exceed $25,000.00, and directs that these amounts be paid from the Self-Insured Liability Fund.

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: Ronnie Steine

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: April 6, 2010
Adopted: April 6, 2010
Approved: April 12, 2010
By: