HomeMy WebLinkAbout046-R-21 Authorizing the Settlement and Release of all Claims in Elijah Murphy v. City of Evanston, et al.04/013/2021
46-R-21
A RESOLUTION
Authorizing the Settlement and Release of all Claims in
Elijah Murphy v, City of Evanston, et aL
WHEREAS, Case No. 2020-cv-4482 in the Northern District of Illinois,
Eastern Division, concerns a lawsuit against the City of Evanston and Evanston Police
Detectives Velez and Kleinpaste; and
WHEREAS, the parties seek to settle and release all claims pursuant to
the terms of a Release and Settlement Agreement ("Settlement Agreement") negotiated
by attorneys of record in this litigation;
WHEREAS, pursuant to the recommendation of the Magistrate with the
United States District Court, the City will pay Plaintiff a settlement amount of
approximately one -hundred thousand dollars ($100,000.00) ("Settlement Payment");
and
WHEREAS, pursuant to the terms of the Settlement Agreement Plaintiff's
counsel will obtain an order from the court dismissing with prejudice all claims brought
against Defendants in Case No. 2020-cv-4482; and
WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5
ILCS 120/2(e), the City must approve final action on settlement of this litigation in open
session; and
WHEREAS, issuance of the City's Settlement Payment is not an
admission of liability.
46-R-21
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City is hereby authorized to approve settlement with
Plaintiff and issue the City's Settlement Payment pursuant to the terms of the
Settlement Agreement. The City's Settlement Payment is not an admission of liability.
SECTION 2: Resolution 46-R-21 shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
Attest:
5-daa,e-do &Omez
Eduardo Gomez, Deputy City Clerk
Adopted: April 26 , 2021
Stephen H. Hagerty, Mayor
Approved as to form:
./✓cmolaJ 4. Ccuru►t�i�g.t
Nicholas E. Cummings, Corporation
Counsel
CPA