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HomeMy WebLinkAbout15597 RESOLUTION NO. 15,597 2 3 A RESOLUTION TO APPROVE THE SETTLEMENT OF FEDERAL 4 LITIGATION; AND FOR OTHER PURPOSES. 5 6 WHEREAS, Federal Civil Rights Litigation which alleged, among other things, that a Little Rock 7 Police Office working off-duty improperly caused the death of an individual when the individual was shot 8 while speeding through a restaurant parking lot,crashing his vehicle into a concrete wall and exiting onto 9 University Avenue within the corporate limits of Little Rock, Arkansas("the City"),was filed in 2019 and 10 styled as Lauren Hartsfield, as Personal Representative of the Estate of James Hartsfield v. Brittany Gunn, 11 individually, the City of Little Rock, a Municipality,and Local Union,LLC,a Limited Liability Corporation, 12 No. 4:19-cv-341-JM in the United States District Court for the Eastern District of Arkansas,Central Divi- 13 sion("the Hartsfield Litigation");and, 14 WHEREAS,the actions of Officer—now Lieutenant—Gunn were found to have been consistent with 15 the provisions of Little Rock,Ark.,Resolution No. 8,136(April 18, 1989),and General Orders of the Little 16 Rock Police Department regarding the use of deadly force and, further, was found by the Prosecuting 17 Attorney for the 6m Judicial District to be justified pursuant to Arkansas Criminal Law; and, 18 WHEREAS,a mediation in Federal Court was set before the matter proceeded to trial,and after careful 19 consideration of various arguments and issues, it was determined that the settlement of litigation would be 20 in the best interests of all parties; and, 21 WHEREAS,as a result of participation in the Arkansas Municipal League Defense Program,the City 22 is responsible to pay Eight Thousand,Five Hundred Dollars($8,500.00)towards this settlement; and, 23 WHEREAS, the provisions of Little Rock, Ark., Ordinance No. 22,069 (November 16, 2021) have 24 been met. 25 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 26 OF LITTLE ROCK,ARKANSAS: 27 Section 1. The City Manager, and any other necessary City party, is authorized to enter into a 28 settlement agreement in the Hartsfield Litigation pursuant to the following terms and conditions: 29 (a) The City shall agree to pay the amount of Eighty-Five Thousand Dollars($85,000.00),pursuant 30 to a General Release of All Claims and Settlement Agreement Recitals ("the Settlement 31 Agreement")has been made available and explained to the Mayor and Members of the Board 32 of Directors;and, 33 (b) (i) The Settlement Agreement shall be executed only by parties who possess complete 34 and full authority to do so;and, (Page 1 of 71 1 (ii) Consideration paid by the City is adequate and sufficient,and acceptance of the monies 2 are an express, irrevocable,acknowledgement of this fact;and, 3 (iii) The Settlement Agreement unconditionally releases, acquits, remises, and forever 4 discharges the City and Lieutenant Gunn from any and all rights,promises,obligations, 5 liens, claims, demands, liabilities,causes of action of whatever kind and character, in 6 law or in equity, in contract,tort or other,both known and unknown, disclosed and 7 undisclosed, actual and consequential, specific and general, including,but not limited 8 to,those arising out of or in any way connected with the events and incidents that are 9 the subject of the Hartsfield Litigation,have been the subject of this litigation,or could 10 have been the subject of this litigation;and. 11 (iv) The City, nor Lieutenant Gunn, by virtue of this Agreement, and the Plaintiff by the 12 acceptance of this Agreement and the consideration set forth above, understands that 13 nothing in the Hartsfield Settlement Agreement is an admission of liability, and that 14 the Settlement Agreement is entered for the sole purpose of settlement and 15 compromise; and, 16 (v) The Plaintiff in the Harstfield Litigation express waives any claim to seek,or to claim, 17 Attorney's Fees against the City, or against Lieutenant Gunn; and, 18 (vi)The terms of the Settlement Agreement are contractual in nature. 19 (c) All terms of the Settlement Agreement, in substantially the format attached as Exhibit A to this 20 resolution, shall be in full force and effect whether referenced in the body of this resolution or 21 not. 22 Section 2. The funds for the City's portion of this Settlement shall be charged to AU 101002-62010. 23 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 24 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 25 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 26 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 27 resolution. 28 Section 5. Repealer. All laws,ordinances,resolutions,or parts of the same,that are inconsistent with 29 the provisions of this resolution,are hereby repealed to the extent of such inconsistency including,but not 30 limited to,Little Rock, Ark., Resolution No. 15,390(October 6,2020). 31 ADOPTED: December 21,2021 32 ATTEST: APPROVED 33 4t. 34 k417 35 Susan Langley,City Clerk rank Scott,Jr., Mayor Page 2 of 71 1 APPRO 0.: • LEGAL FORM: 2 3 1111P- . 11k _ 4 om' a*ter, City Attorney 5 // 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 3 of 71 1 Exhibit A 2 3 GENERAL RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT RECITALS: 4 5 1. The Parties being released hereunder, City of Little Rock, Arkansas, and Brittany Gunn and each 6 of their servants, attorneys, principals, agents, employees, Deputies, Officers, representatives, Elected or 7 Appointed Officials, insurers, self-insurers, Risk Management Funds, predecessors, successors, assigns, 8 affiliates,Divisions,Branches,Departments,and/or any entity acting directly or indirectly in the interest of 9 and/or acting with or on behalf of any of them personally, officially or in any capacity whatsoever, shall 10 hereinafter be referred to,jointly and individually as"Released Party." 11 2. The parties executing this Release, Lauren Hartsfield, individually, as Personal Representative of 12 the Estate of James Hartsfield,and as a beneficiary under the Arkansas Wrongful Death Statute and Natasha 13 Hamilton, individually and as a beneficiary under the Arkansas Wrongful Death Statute, and their 14 respective heirs,successors,assigns,executors,administrators,agents,or representatives of any kind,shall 15 hereinafter be referred to,jointly and individually, separately and collectively,as"Releasing Party." 16 3. This General Release and Settlement Agreement is between the Released Party and the Releasing 17 Party, and is hereinafter referred to as the "Release," or the "Agreement." The release and consideration 18 therefore is a complete and full settlement of the disputed claims brought by the Releasing Party in the case 19 styled 4:19-CV-341 in the Central Division of the Eastern District of Arkansas. 20 4. As used in this Agreement,the singular or plural shall be deemed to include the other whenever the 21 context so indicates or requires. 22 5. As consideration for the Release,the Released Party provides the Releasing Party the total and final 23 sum of Eighty-Five Thousand Dollars ($85,000.00), which includes any and all alleged damages of 24 Releasing Party. 25 6. In exchange for the above consideration,the receipt, sufficiency and adequacy of which is hereby 26 expressly acknowledged, Releasing Party does hereby irrevocably and unconditionally release, acquit, 27 remise, and forever discharge Released Party from any and all rights, promises, obligations, liens, claims, 28 demands, liabilities, actions and causes of actions of whatever kind and character, in law or equity, in 29 contract, tort or other, both known and unknown, disclosed and undisclosed, actual and consequential, 30 specific and general,however,denominated, including but not limited to those arising out of or in any way 31 connected with the events and incidents that are the subject of,have been the subject of,or could have been 32 the subject of Lauren Hartsfield, as Personal Representative of the Estate of James Hartsfield,deceased 33 v. Brittany Gunn, individually City of Little Rock, a Municipality, and Local Union, LLC A Limited 34 Liability Corporation 4:19-cv-341-JM, for any past, present, or future claim, relief or cause of action, no 35 matter how denominated, income from any source, declaratory or injunctive relief, compensatory, [Page 4 of 71 I liquidated or punitive damages,wages,money remuneration,or thing of value whatsoever,by the Releasing 2 Party against the Released Party, including, without limitation any allegations, causes of action, claims 3 and/or matters caused by arising out of, related to or in any way connected with the employment,associa- 4 tion,affiliation, agency or contact of whatever character or nature of Releasing Party with Released Party, 5 and/or arising under, relating to or covered by any Federal, State or Local Ordinance, Law, Statute, Act, 6 custom, usage, rule, or regulation and including without limitation, any claim or cause of actions which 7 was, or could have been stated in Lauren Hartsfield, as Personal Representative of the Estate of James 8 Hartsfield,deceased v.Brittany Gunn,individually City of Little Rock,a Municipality, and Local Union, 9 LLC A Limited Liability Corporation 4:19-cv-341-JM. 10 7. It is the express intent of the Releasing Party to enter into this full and final agreement in lieu of 11 engaging the Released Party in litigation. This Agreement is a full and final compromise of any and all 12 claims against Released Party, whatsoever, arising out of events occurring up to and including the date of 13 execution of this Release. 14 8. It is understood, agreed and stipulated between the Parties hereto that the consideration described 15 herein is in complete and full accord, satisfaction and discharge of any and all doubtful or disputed claims, 16 whatsoever. 17 9. The Releasing Party stipulates and agrees not to initiate,join in,continue and/or institute any legal 18 proceedings or process based on the within described claims or causes of action before any administrative, 19 judicial,or any other forum against the Released party, whatsoever. 20 10. Releasing Party further agrees that they will not file nor permit to be filed on their behalf,any claim, 21 charge, or cause of action, and will not seek relief as a member of any potential or existing class or 22 representative action seeking relief for any matter raised herein or in Lauren Hartsfield, as Personal 23 Representative of the Estate of James Hartsfield, deceased v. Brittany Gunn, individually City of Little 24 Rock, a Municipality, and Local Union, LLC A Limited Liability Corporation 4:19-cv-341-JM, and/or 25 will not counsel, participate, advance, or assist in the prosecution of such claims charge or cause of action 26 against Released Party for any claim or cause of action raised herein,unless ordered to do so by a Court of 27 competent jurisdiction. 28 11. Released Party does not, by virtue of this Agreement, admit liability to anyone or any entity as a 29 result of any incident, act or omission described in or cognizable by the aforementioned claims or causes 30 of action. This Agreement is entered into for the sole purpose of settlement and compromise. It is stipulated 31 and agreed this Agreement and the negotiations of the parties resulting in this Agreement shall not constitute 32 admissible evidence of any matter for any purpose whatsoever, other than for the sole purpose of a claim 33 of a breach of this Agreement. 34 12. This Agreement is not an admission by the Released Party of any unlawful acts against Releasing 35 Party or any other person whatsoever. Released Party specifically denies any violation of any Act, Statute [Page 5 of 71 1 or law whatsoever. Released Party denies and disclaims any liability to Releasing Party or any other person 2 whatsoever. 3 13. Releasing Party warrants and represents: (1) that they are competent and entitled to give this 4 complete release and discharge; (2)there are no prior assignments or transfers of any portion of or interest 5 in any of their claims or causes of action; (3)there are no liens or claims of lien or assignments in law or 6 equity or otherwise of or against the claims or causes of action of the Releasing Party herein; and (4) 7 Releasing Party is fully aware of all facts and rights and applicable law with regard to his claims and/or 8 causes of action and has had the full opportunity to review and approve the content and execution of this 9 Agreement with their counsel. 10 14. The Releasing Party warrants that they waive their claim to Attorney's Fees against Released Party. 11 15. Should any part of this General Release and Settlement Agreement be declared or be determined 12 by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be 13 affected thereby and said illegal or invalid part, term, or provision shall be deemed not to be a part of this 14 General Release and Settlement Agreement. 15 16. It is agreed and stipulated between the parties hereto that no applicable Federal and State Taxes 16 and F.I.C.A.Contributions have been withheld or paid from the Eighty-Five Thousand Dollars($85,000.00) 17 to be paid to Releasing Party and Releasing Party's attorney pursuant to the terms set forth in Paragraph 5 18 of this Agreement. The Parties shall each file all required Federal, State and Local Income Tax Returns 19 and related filings in a manner fully consistent with the provisions contained in this Agreement. Releasing 20 Party agrees to pay any additional taxes that may become due on the amount paid by the Released Party in 21 consideration for the foregoing Release, and to hold the Released Party harmless from any and all claims 22 for any taxes thereon. 23 17. This Agreement contains the entire agreement, understanding and stipulation of and between the 24 Parties hereto, none of whom admit allegations, defenses or other assertions of the other any and all 25 contemplated and uncontemplated allegations and defenses are foreclosed by this agreement. This 26 Agreement fully and finally supersedes any and all prior negotiations,promises,agreements or understand- 27 ings between the Parties hereto pertaining to the subject matter hereof. The parties stipulate that each party 28 herein has had full possession of any and all facts with regard to the claims or rights of each other,and full 29 access to their respective counsel in order to make an informed judgment regarding all matters covered in 30 or contemplated by this agreement. 31 18. The terms of this agreement are contractual,not a mere recital,and may be enforced in court. This 32 Agreement is executed in the State of Arkansas and in all respects shall be interpreted, enforced and 33 governed under the laws of said State. Except as stated herein, the terms of this Agreement are executed 34 without reliance upon any representation by the Released Party or any of its representatives. IPage 6 of 71 1 19. Upon receipt of the settlement payment,the Releasing Party shall take the necessary steps to obtain 2 an order from the court to dismiss with prejudice the complaint filed by the Released Party, in Lauren 3 Hartsfield, as Personal Representative of the Estate of James Hartsfield, deceased v. Brittany Gunn, 4 individually City of Little Rock, a Municipality, and Local Union, LLC A Limited Liability Corporation 5 4:19-cv-341-JM 6 20. THIS IS A FULL AND FINAL RELEASE,THE RELEASING PARTY HAS CAREFULLY 7 READ THIS RELEASE AND EXECUTES THE SAME OF HER OWN FREE WILL WITH A 8 FULL UNDERSTANDING OF AND VOLUNTARY AGREEMENT TO ITS CONTENTS. 9 WITNESS our signatures this day of ,2021. 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // Page 7 of 7]