RESOLUTION NO. RS2013-878

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Juana Villegas against the Metropolitan Government of Nashville and Davidson County for $490,000.00, and that said amount be paid out of the Judgments and Losses Fund.

WHEREAS, between July 5th and 8th, 2008, while in the custody of the Davidson County Sheriff’s Office (“DCSO”), Juana Villegas was restrained during a portion of her labor and post-partum recovery. In the months and years since Ms. Villegas’s incarceration, there has been a nationwide trend away from restraining laboring or post-partum inmates, including at DCSO, which altered its policy in September of 2008 to state that, as a general rule, pregnant, laboring, or post-partum inmates are not restrained.

WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interests of the Metropolitan Government, and recommends that the claims of Juana Villegas be compromised and settled for $490,000.00, which includes $390,000.00 in attorneys’ fees and $100,000.00 to Ms. Villegas, and that this amount be paid from the Judgments and Losses Fund.

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 the claims of Juana Villegas for the sum of $490,000.00, which includes $390,000.00 in attorneys’ fees and $100,000.00 to Ms. Villegas, with said amount to be paid from the Judgments and Losses 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: October 15, 2013
Adopted: October 15, 2013
Approved: October 17, 2013
By: mayor"s signature

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