HomeMy WebLinkAbout17068 1 RESOLUTION NO. 17,068
2
3 A RESOLUTION TO AUTHORIZE THE SETTLEMENT OF LITIGATION
4 AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SETTLE-
S MENT AGREEMENT IN THE MATTER OF CINDY ORTIZ, et al v. CITY
6 OF LITTLE ROCK,et al;EASTERN DISTRICT OF ARKANSAS CASE NO.
7 4:24-CV 00246-JM; AND,FOR OTHER PURPOSES.
8
9 WHEREAS,Cindy Ortiz,as mother and next kin to Z.J.O. (a minor),and as Special Administratrix of
10 the Estate of Z.J.O.("Plaintiff')filed an action in the Eastern District of Arkansas,Central Division(Case
11 No.4:24-cv-00246-JM),asserting violations of the Arkansas and U.S.Constitution,negligence,and wrong-
12 ful death against the City of Little Rock and certain individual defendants, and.
13 WHEREAS, the parties agreed, subject to board approval, on a settlement on May 22, 2026, and the
14 Plaintiff issued a letter acknowledging their intent to settle all claims on that date,attached hereto as Exhibit
15 A; and,
16 WHEREAS,the parties have negotiated a Settlement Agreement and Release of All Claims to resolve
17 all claims in the litigation, inclusive of attorney fees and costs,attached hereto as Exhibit B; and,
18 WHEREAS, the Settlement Agreement provides for a total consideration of Twenty-five Thousand
19 Dollars($25,000.00)to be distributed to the Plaintiff and their counsel as specified in the Agreement; and,
20 WHEREAS, in addition to the settlement of all claims involved in the case the City and the Arkansas
21 Municipal League Defense Program("AMLDP")have agreed upon the payment of these claims; and,
22 WHEREAS,the Settlement agreement includes a comprehensive release of all claims,including attor-
23 ney fees and costs,by the Plaintiff; and,
24 WHEREAS,the Settlement Agreement requires Board of Directors approval prior to execution; and,
25 WHEREAS,the City Attorney's Office recommends approval of the Settlement Agreement as being
26 in the best interests of the City of Little Rock.
27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
28 OF LITTLE ROCK,ARKANSAS:
29 Section 1. The Board of Directors hereby authorizes and directs the City Manager to execute the Set-
30 tlement Agreement and Release of Claims in the matter of Cindy Ortiz,Et.Al.v.City of Little Rock,Et.
31 Al., Eastern District of Arkansas Case No. 4:24-cv-00246-JM,attached hereto as Exhibit B and incor-
32 porated by reference.
[Page 1 of 181
1 Section 2. The City Clerk is authorized and directed to attest to the City Manager's Signature on the
2 Settlement Agreement.
3 Section 3. The City notes that the agreed-upon settlement amount of Twenty-five Thousand Dollar
4 ($25,000.00)settlement amount,will be paid to the Plaintiff by the Arkansas Municipal League,Municipal
5 Defense Program(AMLDP)and that the City will pay its contribution directly to the AMLDP.
6 Section 4. The City notes that, pursuant to the AMLDP and agreement from the Arkansas Municipal
7 League,the City's contribution to the Settlement is Two Thousand Five Hundred Dollars($2,500.00),and
8 the AMLDP's contribution is Twenty-two Thousand Five Hundred Dollars($22,500.00).
9 Section 5. The Director of Finance is authorized and directed to issue payment in the amount of Two
10 Thousand Five Hundred Dollars to the Arkansas Municipal League, Municipal Defense Program (AM-
11 LDP), in accordance with the terms of the Settlement Agreement within two (2)business days of the exe-
12 cution of the Settlement Agreement.
13 Section 6. The City Attorney is authorized and directed to take all actions necessary to implement the
14 terms of the Settlement Agreement,including but not limited to filing appropriate dismissal documents with
15 the Eastern District of Arkansas.
16 Section 7.Severability.In the event any title,section,paragraph,item,sentence,clause,phrase,or word
17 of this resolution is declared or adjudged to be invalid or unconstitutional,such declaration or adjudication
18 shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the
19 portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution.
20 Section 8. Repealer. All laws,ordinances,resolutions, or parts of the same,that are inconsistent
21 with the provisions of this resolution,are hereby repealed to the extent of such inconsistency.
22 ADOPTED: June 2,2026
23 ATTEST: ATTEST APPROVED
24
25
26 Allison Segars,City rk Frank Scott,Jr.,Mayo'i
27 APPROVED AS TO LEGAL FORM:
28 c57.e
29
30 Thomas M.Carpenter,City Attor y
31 //
32 //
33 //
34 //
[Page 2 of 181
Exhibit A
(41)
COLLINS,COLLINS & RAY,P.A.
ccrlawfirm.com
brian@ccrlawfinn.com
Phone Number(501)603-9911
May 22,2026
Via Email:
Mr.Cody Pritchard(gpttichard4littlerock,gov)
Ms.Lynette Boggs-Perez(1ttzlcrock.gov)
Mr.Thomas Carpenter(tcarnenter)littlerock.gov)
LITTLE ROCK CITY ATTORNEY'S OFFICE
500 W.MARKIIAM STREET,SUITE 310
LITTLE ROCK,AR 72201
Ms.Jenna Adams(i n gnnl.ore)
ARKANSAS MUNICIPAL LEAGUE
P.O.Box 38
NORTH LITTLE RocK,AR 72115
S.Milton DeJesus(rniltoW'u inty'es.cOm)
RAINWATER,HOLT&SEXTON
801 TECHNOLOGY DRIVE
LITTLE ROCK,AR 72223
Mr.Daniel Woodyard(dwoWvard4fridayftrm.com)
FRIDAY.ELDREDGE&CLARK,LLP
400 WEST CAPITOL AVENUE,SUITE 2000
LITTLE RocK,AR 72201
Mr.Russell A.Wood(rwood woodlawfirmoa.com)
WOOD LAW FIRM,P.A.
501 FAST 41"STREET,SUITE#4
RUSSELLVILLE,AR 72801
Re: CINDY ORTIZ V.CITY OF LITTLE ROCK,ARKANSAS,ET AL.,United States
District Court Eastern District of Arkansas,Central Division,
Case No.4:24-cv-246-BRW
Counsel:
1 am writing to confirm that all parties have agreed to settle the above referenced
matter with timely payment to Plaintiff,Cindy Ortiz,as Special Administrator of the Estate
912 W.41'Street—Little Rock.Arkansas 72201
[Page 3 of 181
of Zayne Josue Ortiz, in the amount of S25,000.00, paid by the Arkansas Municipal
League.There are no liens associated with this matter.
We have enclosed a copy of our firm's W-9 and ask that you please make out the
settlement check as follows:
"Cindy Ortiz,as Special Administrator of the Estate of Zayne Josue Ortiz
and their attorneys, Collins, Collins & Ray, P.A." in the amount of
S25,000.00 in settlement of this claim.
Upon payment and execution of a suitable release,we will present the proposed
settlement to the probate cowl seeking an order approving settlement and allowing for
disbursement and closing of the Estate.
Please confirm receipt and acceptance of these terms. It has been a pleasure
working with each of you.On behalf of Ms.Ortiz and the Estate of her son,we further
appreciate your willingness to resolve this matter in lieu of continuing litigation.It has been
an open wound for Ms.Ortiz,and she is pleased to not have to relive this tragedy at trial
and I hope that is true for everyone involved.
Sincerely,
COLLINS,COLLINS&RAY,P.A.
BY 62.
(.40,0,„„...
Brian W.Ray
912 W.4k'Street—Little Rock,Arkansas 72201
[Page 4 of 181
Exhibit B
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CINDY ORTIZ,Individually as mother
and neat of kin to Zayae Josue Ortiz,
and as Special Administratriz of the
Estate of Zayre Josue Ortiz,deceased,
and on behalf of all wrongful death
beneficiaries of Zayre Josue Ortiz PLAINTIFF
V. CASE NO.4:24 cv-00246JM
CITY OF LITTLE ROCK,ARKANSAS;
HENRY TOPPS,Individually and in his
Official capacity as an officer of the
little Rock Police Department;
JOSHUA THOMAS,Individually and in his
Official capacity as an officer of the
Little Rock Police Department;
DERRICK THREADGILL,Individually and in his
Official capacity as an officer of the
Little Rock Police Department;
KEITH HUMPHREY,in his Official capacity as
Chief of Police for Little Rock Police Department;
EDGAR REYE.S,Individually;nad
MARIA GONZALEZ,Individually DEFENDANTS
GENERAL RELEASE OF ALL CLAIMS
AND SETTLEMENT AGREEMENT
I4.L'Lt
1. The parties being released hereunder,the City of little Rock,Arkansas;Henry
Topps,individually and in his official capacity as an officer of the Little Rock Police Department':
Joshua Thomas,individually and in his official capacity as an officer of the Little Rock Police
Henry Topps resigned fora the Link Rock Police Drprtm nt in lien of tc meinrioa and has bun decertified as a
law enforcement office by the Commission on Law Enforeeme t Standards and Training.
Page 1 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By. By:
[Page 5 of 18]
Department:Derrick'threadgill,individually and in his official r'apaeity as an officer of the Little
Rock Police Department; Keith Humphrey, in his official capacity as Chief of Police for Little
Rock Police Department: and each of their respective servants, attorneys, principals, agents,
employees, deputies, representatives, elected officials, insurers, self•insurcrs, risk many ement
funds, predecessors,successors, assigns, affiliates, divisions, branches, departments and'or any
entity or person acting by. through, under or in concert with any of them, and'or any person or
entity acting directly or indirectly in the interest of and/or acting with or on behalf of any of them
personally. officially or in any capacity whatsoever. shall hereinafter be referred to,jointly and
individually as"Released Parties."
2. the party executing this Release,Cindy Ortiz,individually as mother and next of
kin to Zayne Josue Ortiz, and as Special Administratrix of the Estate of Zaync Josue Ortiz,
deceased, and on behalf of all wrongful death beneficiaries of Zayne Josue Ortiz.her respective
heirs, successors,assigns,executors.administrators, agents or representatives of any kind, shall
hereinafter be referred to, jointly and individually, separately sod collectively, as "Releasing
Party."
3. This General Release and Settlement Agreement is between the Released Parties
and Releasing Party,and is hereafter referred to as the"Release."or the"Agreement."
4. As used in this Agreement. the singular or plural shall be deemed to include the
other whenever the context so indicates or requires.
5, As consideration for the Release, the Released Parties provide the Releasing Party
the following:
Page 2 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
I-OR RELEASING PARTY FOR RELEASED PARTIES
By:
By:
[Page 6 of 181
(a) A check in the amount of$25.000.00, made payable to Cindy Ortiz, as Special
Administrator of the Estate of 7.ayne Josue Ortiz and their attorneys,Collins,Collins&Ray,P.A.
6. In exchange for the above consideration,the receipt.sufficiency and adequacy of
which is hereby expressly acknowledged. Releasing Party does hereby irrevocably and
unconditionally release,acquit, remise,and forever discharge Released Parties from any and all
rights, promises.obligations, liens,claims,demands,liabilities,actions and causes of actions of
whatever kind and character.in law or equity,in contract,tort or other.both known and unknown,
disclosed and undisclosed,actual and consequential,specific and general,however denominated,
including,but not limited to.those arising out of or in any way connected with the interaction or
contact of whatever nature,of the Releasing Party with the Released Parties.for any past or present
claim, relief or cause of action, no matter bow denominated, for income from any source,
declaratory or injunctive relief, compensatory. liquidated or punitive damages. money,
remuneration.or thing of value whatsoever,by the Releasing Party against the Released Parties.
including.without limitation,any allegations,causes of action,claims and/or matters caused by,
arising out of,related to or in any way connected with the association,affiliation,agency.contact,
arrest, or interaction of whatever character or nature of Releasing Party with Released Parties,
and/or arising under,relating to or covered by any federal,state or local ordinance, law, statute,
act,custom,usage,rule or regulation and including,without limitation,any claim or cause of action
which was,or could have been stated in Cindy Ortiz.ef al.r.City of Little Rock,Arkansas,et al.,
In the United States District Court,Eastern District of Arkansas,Central Division.Case No.
4:24-cv-00246-JM.
Page 3 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 7 of 181
7. It is the express intent of the Releasing Party to enter into this full and final
settlement and compromise of any and all claims against the Released Parties arising out of events
related to this complaint occurring up to and including the date of execution of this Release.It is
also the express intent of the Releasing Party to release and waive each and every claim for
damages,known and unknown,developed or which might develop in the future resulting from any
practices,acts or omissions of the Released Parties occurring up to and including the date of the
execution of this Release.Further,the Releasing Party shall not file any additional charge.claim,
appeal,or suit or in any other way pursue any claim against the Released Parties based on any
event,occurrence,or claims arising out of this complaint with the Released Parties occurring up
to and including the date of execution of this Release.
8. It is understood, agreed and stipulated between the parties hereto that the
consideration described herein is in complete and full accord, satisfaction and discharge of any
and all doubtful or disputed claims,whatsoever.
9. The Releasing Party stipulates and agrees not to initiate,join in,continue and/or
institute any legal proceedings.process,or appeal based on the claims or causes of action described
herein occurring up to and including the date of the execution of this Release before any
administrative,judicial or any other forum against the Released Panics,whatsoever.Specifically.
Releasing Party agrees that the instant agreement settles any and all claims or complaints that
Releasing Party or anyone acting at Releasing Parry's direction or advice might have filed with
any state,local,or federal official,agency,or entity of whatever kind against the Released Parties
regarding the events which formed the basis of the lawsuit in this matter. Released Parties.
Page 4 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 8 of 18]
likewise,agree that this agreement settles any and all claims that Released Parties may have against
the Releasing Party arising out of the events related to this complaint.
10. Releasing Party further agrees not to file nor permit to be filed on her behalf,any
claim,charge or cause of action and will not permit herself to be a member of any potential or
existing class or representative action seeking relief for any matter raised herein occurring up to
and including the date of the execution of this Release.
11. Released Parties do not,by virtue of this Agreement,admit liability to anyone or
any entity as a result of any incident. act or omission described in or cognizable by the
aforementioned claims or causes of action.This Agreement is entered into for the sole purpose of
settlement and compromise. It is stipulated and agreed this Agreement and the negotiations of the
parties resulting in this Agreement shall not constitute admissible evidence of any matter for any
purpose whatsoever,other than for the sole purpose of a claim of a breach of this Agreement.
12. This Agreement is not an admission by Released Parties of any unlawful acts
against Releasing Party or any other person whatsoever. Released Parties specifically deny any
violation of any act,statute or law whatsoever, Released Panics deny and disclaims any liability
to Releasing Pam or any other person whatsoever.
13. Releasing Party warrants and represents: (1)that she is competent and entitled to
give this complete release and discharge: (2)there arc no prior assignments or transfers of any
portion of or interest in any of her claims or causes of action:(3)there arc no liens or claims of
lien or assignments in law or equity or otherwise of or against the claims or causes of action of the
Releasing Party herein:and(4)Releasing Party is fully aware of all facts and rights and applicable
Page S of 14
NOT TO BE FII.ED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 9 of 18]
law with regard to her claims and/or causes of action and is represented by counsel of her choice
with respect to those claims and/or causes of action.and has had the full opportunity to review and
approve the content and execution of this Agreement with her counsel.
14. The Releasing Party will indemnify and save harmless the Released Parties from
any loss,claim,expense.attorney's fees,costs,demand,or cause of action of any kind or character
through the assertion by any person of a claim or claims connected with the subject matter of this
Agreement caused,counseled,initiated,aided,assisted,or advanced by the Releasing Party,and
from any loss incurred directly or indirectly by reason of a falsity of misrepresentation herein by
the Releasing Party.
15. Should any part of this General Release and Settlement Agreement be declared or
be determined by any court to be illegal or invalid,the validity of the remaining parts,terms or
provisions shall not be affected thereby and said illegal or invalid parts,terms,or provisions shall
be deemed not to be a part of this General Release and Settlement Agreement.
16. it is agreed and stipulated between the parties hereto that no federal taxes or state
taxes have been withheld or paid from the monies paid to Releasing Party.The amount described
herein is to be settlement of costs.attorney's fees,and/or for other damages allegedly incurred by
Releasing Party.The Parties shall each Ilk all required federal,state,and local income tax returns
and related filings in a manner fully consistent with the provisions contained in this Agreement.
Releasing Party agrees to pay any additional taxes that may become due on the amount paid by
the Released Parties in consideration for the foregoing Release,and to hold the Released Parties
harmless from any and all claims for any taxes thereon. Except as otherwise provided in this
Page 6 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 10 of 181
Agreement,each Party shall bear its own attorneys' fees and other costs and expenses incurred in
connection with this lawsuit.
17. This Agreement contains the entire agreement, understanding and stipulation
between the parties hereto,none of whom admit allegations,defenses or other assertions made in
any pleading filed in the aforementioned lawsuit.It fully and finally supersedes any and all prior
negotiations,promises,agreements or understandings between the parties hereto pertaining to the
subject matter hereof.The Parties have had full possession of any and all facts with regard to the
claims or rights of each other,and full access to respective counsel.The terms of this Agreement
are contractual.not a mere recital,and may be enforced in court. This Agreement is executed in
the State of Arkansas and in all respects shall be interpreted,enforced and governed under the laws
of said State. Except as stated herein,the terms of this Agreement arc executed without reliance
upon any representation by the Released Parties or any of their representatives.
I R. The Releasing Party agrees to promptly take the necessary steps to obtain an order
from the court to dismiss with prejudice the complaint filed by the Releasing Party in Cindy Ortiz.
et al. v. City of Little Rock,Arkansas,et at..In the United States District Court,Eastern District of
Arkansas,Central Division.Case No.4:24-cv-00246-IM.
19. THIS IS A FULL AND FINAL RELEASE.THE RELEASING PARTY HAS
CAREFULLY READ THIS RELEASE AND EXECUTES THE SAME OF HER OWN
FREE WILL WITH A FULL UNDERSTANDING OF AND VOLUNTARY AGREEMENT
TO ITS CONTENTS.
WITNESS our signatures this day of ,2026.
Page 7 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 11 of 181
RELEASING PARTY: RELEASED PARTIES:
Cindy Ortiz,Plaintiff City of Little Rock Arkansas
By: De!phone Hubbard,City Manager
City of Little Rock.Arkansas
Thomas M.Carpenter.City Attorney
Cody Pritchard,Attorney for Defendants
Keith Humphrey and Derreck Thrcadgill
knna Adams,Attorney for Defendant
Joshua Thomas
Daniel Woodyard. Attorney for Defendant
Henry Topps
I, Brian Wayne Ray,Collins.Collins& Ray, P.A.,912 West Fourth Street. Little Rock,
AR 72201,hereby acknowledge full,complete and final satisfaction of any and all costs,expenses
and anorney's fees or liens for and/or on behalf of Releasing Party in this cause, whatsoever. 1
further state that this General Release and Settlement Agreement has been executed with my
knowledge and approval. I hereby waive and/or release any and all claims for costs, expenses
and/or attorney's fees,whatsoever,against the Released Parties.
Brian Wayne Ray,Attorney for Plaintiff
Page 8 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 12 of 18]
ACKNOWLEDGMEN
STATE OF AIRKANSAS )
)ss
COUNTY OF
Personally appeared before mc, the undersigned Notary Public,within and for the county
and state aforementioned,Cindy Oak,after being duly sworn, states that she has executed the
foregoing instrument,styled General Release of All Claims and Settlement Agieunent of her own
will.
DATED THIS DAY OF .2026.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
Page 9 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
IPage 13 of 181
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF )
Personally appeared before mc.the undersigned Notary Public,within and for the county
and state aforementioned, De!phone Hubbard, City Manager for City of Littk Rock,
Arkansas, after being duly sworn, states that it has executed the foregoing instrument. styled
General Release of All Claims and Settlement Agreement of its own will.
DATED THIS DAY OF .2026.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
Page 10 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 14 of 18]
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF
Personally appeared before mc.the undersigned Notary Public.within and for the county
and state afonnicutioned, Thomas M. Carpenter, City Attorney for City of Little Rock,
Arkansas. after being duly sworn, states that it has executed the foregoing instrument, styled
General Release of All Claims and Settlement Agreement of its own will.
DATED THIS DAY OF .2026.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
Page 11 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 15 of 181
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF )
Personally appeared before me,the undersigned Notary Public,within and for the county
and state aforementioned.Cody Pritchard,after being duly sworn,states that he has executed the
foregoing instrument,styled General Release of All Claims and Settlement Agreement of his own
will.
DATED THIS DAY OF ,2026.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
Page 12 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 16 of 18]
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF
Personally appeared before me.the undersigned Notary Public,«ithin and for the county
and state aforementioned. Jenna Adams,after being duly sworn,states that she has executed the
foregoing instrument,styled General Release of All Claims and Settlement Agreement of her own
will.
DATED THIS DAY OF .2026.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
Page 13 of 14
NOT ro BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
(Page 17 of 18]
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF )
Personally appeared before me,the undersigned Notary Public,within and for the county
and state aforementioned,Daniel Woodyard,after being duly sworn,states that be has executed
the foregoing instrument,styled General Release of All Claims and Settlement Agreement of his
own will.
DATED THIS DAY OF ,2026,
NOTARY PUBLIC
MY COMMISSION EXPIRES:
Page 14 of 14
NOT TO BE FILED WITH ANY AGENCY OR COURT
FOR RELEASING PARTY FOR RELEASED PARTIES
By: By:
[Page 18 of 181