HomeMy WebLinkAbout043-R-21 Authorizing the Settlement & Release of all Claims Jamir Johnson, Kevin Nails, Jelisa Nails, Andre Watkins, Steven Dykes & Randy Miller v. COE04/05/2021
43-R-2i
A RESOLUTION
Authorizing the Settlement and Release of all Claims in
Jamir Johnson, Kevin Nails, Jelisa Nails, Andre Watkins, Steven Dykes
and Randy Miller v, City of Evanston, et aL
WHEREAS, Case No. 2020-cv-2736 in the Northern District of Illinois,
Eastern Division, concerns a lawsuit against the City of Evanston and Chief Demitrous
Cook; 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, the City will pay Plaintiffs' counsel of record for the benefit of
Plaintiffs a settlement amount of approximately ninety thousand dollars ($90,000.00)
("Settlement Payment"); and
WHEREAS, pursuant to the terms of the Settlement Agreement Plaintiffs'
counsel will obtain an order from the court dismissing with prejudice all claims brought
against Defendants in Case No. 2020-cv-2736; 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.
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
Plaintiffs' counsel of record 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 43-R-21 shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
Attest:
f--d.x0-►-do GOmeZ
Eduardo Gomez, Deputy City Clerk
Adopted: April 12 , 2021
Stephen H. Hagerty, Mayor
Approved as to form:
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Nicholas E. Cummings, Corporation Counsel