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Nicholas Steffen vs. City of Dubuque Stipulated Dismissal and ReleaseTHE CITY OF DUB E MEMORANDUM Masterpiece on th BARRY LI CITY ATT To: ississippi R EY Iyor Roy D. Buol and Members of the City Council DATE: October 8, 2013 RE: Nicholas Steffen vs. City of Dubuque et al. This lawsuit was filed by the Plaintiff, Nicholas Steffen against the City of Dubuque and Dubuque County for injuries Steffen allegedly sustained during an arrest in which Dubuque County's K -9 Unit was involved. A copy of Les Reddick's summary is attached. The City was mistakenly named as a party to the lawsuit based on an error in one of the Incident Reports. The City previously offered to confess Judgment in the amount of $5,000, the purpose of which was, without admitting liability, to put the burden on the Plaintiff for the payment of costs and attorneys fees if a Judgment less than $5,000 was ultimately entered in the case. The case has been settled. The City agreed to contribute its previously offered $5,000. The case has been dismissed with prejudice. BAL:tls Attachment cc: Michael C. Van Milligen, City Manager Les Reddick, Esq. F: \USERS \tsteckle \Lindahl \Steffen, Nicholas vs. City, Wullweber, County et al \MayorCouncil_ DismissalWithPrejudice _100813.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org Brian J. Kane Les V. Reddick* Brad J. Heying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Joseph P. Kane Nicholas J. Kane KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IOWA 52001 -3091 All admitted in Iowa *Also admitted in Illinois * *Also admitted in Wisconsin CONFIDENTIAL Mr. Barry A. Lindahl City Attorney Harbor View Place, Suite 330 300 Main Street Dubuque, Iowa 52001 -6944 Retired: Gary K. Norby Phone: (563) 582 -7980 Facsimile: (563) 582 -5312 E -mail: lreddick @kanenorbylaw.com ATTORNEY /CLIENT COMMUNICATION October 7, 2013 RE: NICHOLAS STEFFEN V. CITY OF DUBUQUE Dear Barry: Enclosed please find a Dismissal With Prejudice and executed Release in this case. Nicholas Steffen sued the City of Dubuque and Dubuque County with respect to injuries he received during an arrest in which Dubuque County's K -9 Unit was involved. The Complaint mistakenly alleged that the City's K -9 Unit subdued Steffen, because of an error in one of the incident reports. While Corporal Wullweber assisted Deputy Kennedy in subduing Steffen, he did not use his K -9 and he did not injure Steffen in any way. We offered to confess Judgment for $5,000 upon receiving the Complaint. The purpose of doing that was that under the Federal Rules if we tried the case and Steffen received less than $5,000, e.g., a defense verdict, we could recover costs from the time of filing the Offer to Confess Judgment including attorneys fees. Dubuque County mediated the case with Plaintiff, but we did not participate in that mediation. The total settlement was $72,500, of which the County contributed $67,500, the remaining settlement amount being made out of our prior contribution of $5,000. This matter is now totally resolved and we will close our file. Very truly yours, KANE, NORBY & REDDICK, P.C. By (4),-A0 Les V. Reddick LVR/bmo k t„ • • -J. TIFICAT1F$kV10E. ' ww- Ifigertion _ -k-i-rai•-;--4- • • • . . ... • • ., • ... . • • • • • • ...... ..: k: ....r.,..-; . _., ..: .. .. ; •.:. :: ::-. .1,.....,-• '1;4'-'.. . - • . , . : . • Imes_ gCat10-4- :buquJA 52 _ • ---••-••••=1;:••-• : • : • ... • • • : FULL AND FINAL RELEASE OF ALL CLAIMS The undersigned, Nicholas Steffen, individually, and on behalf of his heirs, executors, administrators, successors, assigns, subrogees, personal representatives, attorneys, and anyone claiming by or through them (collectively referred .herein to as the " Releasor"), for and in consideration of the payment of the sum of seventy two thousand five hundred dollars ($72,500), the receipt and sufficiency of which is hereby acknowledged, does hereby irrevocably and unconditionally waive, release, acquit, and forever discharge Dubuque County, Iowa, the .city of Dubuque, Iowa (including their elected and appointed officials in their individual and official capacities), Joe Kennedy, Brian Wullweber, Tim Kelly, Matt Sitzran, and J.J. Mootz, individually and in their official capacity, the Iowa Communities Assurance Pool (ICAP), American Risk Pooling Consultants, Inc., Public Entity Risk Services of Iowa (PERSI) and York Risk Pooling Services, together with their employees, volunteers, employers, principals, agents, insurers, attorneys, officers, directors, predecessor;, subsidiaries, affiliates, successors and assigns (collectively referred to herein as the "Releasees "), of and from any and all liability, claims, demands, charges, complaints, controversies, actions, ,causes of action, and suits at law or in equity, of any kind or nature whatsoever, known or unknown, asserted or unasserted, suspected or unsuspected, including without limitation any claim which was or could have been raised by Releasor in a court of law or any other forum, and any.clami under any local, state or federal statute, and any claim under any other statutory, administrative, constitutional, contractual, tort, . common law or other legal or equitable theory whatsoever, which Releasor at any time heretofore had or .claimed to have had or which Releasor may have or claim to have regarding any matter as of the date of this Full and Final Release of all Claims. ( "Release "), including without limitation, any and all claims related. or in any manner incidental to the complaint filed in the United States District Court for the Northern District of Iowa, as Case No. 1 :12 -cv -00100 .(hereinafter collectively referred to as "claim" or "claims "), This Release by Releasor includes the complete and total satisfaction of any claim Releasor may have had against Releasees including without limitation claims for personal injuries, emotional distress, medical expenses, wage loss, lost benefits, loss of income, loss of services, :loss of consortium, loss of property, damage to property, mental anguish, prejudgment interest, post - settlement interest, general damages, liquidated damages, exemplary damages, compensatory damages, punitive damages, infringement of civil/constitutional rights, unreasonable search, arrest without probable cause, false arrest, false imprisonment, assault and battery, unlawful arrest, malicious prosecution, use of excessive force, failure to properly investigate, failure to train, acquiescence in unconstitutional conduct, maintenance of an unconstitutional custom, policy or practice, failure to discipline, and expenses including but not limited to attorney fees and costs, together with any and -all other Ioss, damage, and claim of every kind, nature, and description, resulting from or hereinafter resulting from the acts and omissions of the Releasees. As further consideration for the payment of.the aforesaid sum, Releasor shall immediately dismiss the complaint filed in the United States District Court for the Northern District of Iowa, as Case No. 1:12 -cv =00100 with prejudice. Releasor shall pay at its sole cost and expense all bills and expenses incurred by Releasor as a result of the claims and Releasees shall have no liability for same. Releasor further agrees to reimburse any person, insurance company, or other entity that has 1 paid, on behalf of the Releasor, any bills or expenses incurred in connection with the claims and Releasees shall have no liability for same. Releasor does hereby agree to indemnify, defend and hold the Releasees harmless from and against any and all liability, claims, demands, actions, causes of action and suits at law or in equity, for injuries, expenses, and damages blown or unknown, made against or sustained by the Releasees, as a result of any amounts sought, claimed, or recovered by any insurer, person, governmental agency or other entity subrogated to the rights of Releasor, against the Releasees, or by any hospital, physician, medical provider or provider of services of whatever kind which provided medical, hospital, or services of any kind to the Releasor. Such indemnification shall include without lirriitation any and all attorney fees, court costs and any and all other costs and expenses. Releasor does hereby agree to indemnify, defend and hold Releasees harmless iirorn and against any and all liability, claims, demands, actions, causes of action and suits at law or in equity, for injuries, expenses, and damages .known or unknown, made against or sustained by Releasees as a result of any amounts sought, claimed, or recovered by any person who may now have or may assert in the future a claim. for loss of any services or consortium as a result of the occurrence identified. above. Such indemnification shall include without limitation any and all attorney fees, court costs and any and all other costs and expenses. Nothing in this Release shall prohibit Dubuque County, Iowa, the city of➢ubuque, Iowa, or any of their employees or its elected or appointed officials from complying with the Iowa Open Records Law. Releasor acknowledges that the Releasees deny liability and responsibility for any and all claims, and Releasor further acknowledges that the .payment of the foregoing sum shall not be construed as an admission of liability and is solely paid to preclude any additional litigation expenses. Releasor represents and warrants that he has not assigned all or any portion of the rights, titles, andior interests in or with respect to the matters released hereunder, and that no trustee in bankruptcy or assignee for the benefit of creditors has any right to the Releasor's claims hereby released. Releasor also agree that the Releasees may use this Release against Releasor, Releasor's successors, or any other person, in court or elsewhere, to show that no person is entitled to any additional consideration should they ever attempt to assert any other claim for any reason Whatsoever against the Releasees as a result of the occurrence. Releasor further agrees that he will be responsible for payment of any and all taxes, including but not limited to federal, state, and local taxes, as a result of the payment and receipt of the foregoing sum. Releasor further acknowledges that he fully understands the terms of the settlement and that he voluntarily accepts said sum for the purpose of making full and final compromise, adjustment, and settlement of any losses and damages. Releasor agrees that this Release shall in all respects be interpreted, enforced, and governed by the laws of Iowa. The language of all parts of this Release shall in all cases be construed as a whole, according to its fair meaning. If, after the date hereof, any provision of this Release is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Release, such provision shall be fully severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and be legal, valid and enforceable. 2 This Release may be executed in multiple counterparts, and all counterparts executed by the parties, whether or not such counterparts shall bear the execution of each of the parties, shall be deemed to be, and shall be construed as one in the same agreement. THE UNDERSIGNED HAS READ THE FOREGOING FULL AND FINAL RELEASE OF ALL CLAIMS AND FULLY UNDERSTANDS IT. COUNTY OF SS: STATE OF RELEASOR: NICHOLAS STEFfEN Sworn to before me and subscribed by the said / C 0 es �/ , wh signed the f• regoi g Rel ase and acknowledged to me that it was voluntarily signed this „gyp'? day of _al i ll 'mss p e 2013. Notary Public _WI 1 SCf►R CCOA IgloN11uhiW7631183