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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