Kory Monahan Settlement Agreement Copyright 2014
City of Dubuque Consent Items # 10.
ITEM TITLE: Kory Monahan Settlement Agreement
SUMMARY: City Attorney recommending approval of a Settlement
Agreement in the case of Kory Monahan v. Ryan Clark and
the City of Dubuque.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Staff Memo Supporting Documentation
Les Reddick Letter Supporting Documentation
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: March 25, 2016
RE: Kory Monahan v. Ryan Clark and the City of Dubuque
This is a civil rights lawsuit pending in federal court. The plaintiff is a 23 year-old woman
who was intoxicated on a city bus and refused to leave, which resulted in a police call.
Officer Clark was dispatched to the scene. In the encounter with Monahan she was
thrown to the floor of the bus. The Police Department found that the force Clark used in
this incident was more than reasonably necessary and he was suspended without pay
for four days.
Attached is a letter from Attorney Les Reddick who represents the City of Dubuque in
the lawsuit. A mediation, held on March 23, 2016, resulted in a tentative settlement
agreement for $50,000, subject to City Council approval. The City's share of the
settlement is $10,500. The balance will be paid by the City's insurer, the Iowa
Communities Assurance Pool.
In Mr. Reddick's opinion, the settlement is fair and reasonable under circumstances. I
agree with that opinion and recommend that the City Council approve the settlement
agreement.
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Mark Dalsing, Chief of Police
KANE,NOR13Y& REDDICK,P.C.
ATTORNEYS
Brian J.Kane 2100 ASBURY ROAD,SUITE 2
Les V.Reddick* DUBUQUE,IOWA 52001-3091
Brad J.Heying
Todd L.Stevenson* Retired:
Kevin T.Deeny** Gary K.Norby
Bradley B.Kane
Joseph P.Kane
Nicholas J.Kane
All admitted in Iowa Phone: (563)582-7980
*Also admitted in Illinois Facsimile: (563)582-5312
**Also admitted in Wisconsin E-mail:Ireddick@kanenorbylaw.com
March 24, 2016
Mr. Barry A. Lindahl
City Attorney
Harbor View Place, Suite 330
300 Main Street
Dubuque, Iowa 52001-6944
RE: KOREY MONAHAN V. CITY OF DUBUQUE AND OFFICER RYAN
CLARK MEDIATION SETTLEMENT
Dear Barry:
Monahan is a 23 year-old woman who was intoxicated on a city bus and refused to leave,
which resulted in a police call. Officer Clark was dispatched to the scene. In the encounter with
Monahan she was thrown to the floor of the bus. The Police Department found that the force
Clark used in this incident was more than reasonably necessary and he was suspended without
pay for four days. Monahan had a bruise on her torso and filed a lawsuit in federal court alleging
excessive force and civil rights violation.
A mediation was held on March 23, 2016. The mediator was Louis Lavorato, a retired
Iowa Supreme Court Justice. The case settled for$50,000, subject to City Council approval. The
settlement amount is payment for personal injury, emotional distress and attorney fees to date. It
avoids a trial in which punitive damages and additional attorneys' fees could be awarded. The
settlement is fair and reasonable under circumstances that suggest a jury would agree that the
force used was unnecessary.
Very truly yours,
KANE,NORBY & REDDICK,P.C.
BY '�
Les V. Reddick
LVR/bmo