portland police brutality $110, 000 daniel collins

8/12/2019 Portland Police brutality $110, 000 Daniel Collins

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OlhlANCE F{o"*Pay claim of Daniel Collins il lhe surn ol $ I 10,000, involving the Police Bureau. (Ordinance)'I'he City of Portland ordains:Secfion l. 'l-he Council finds:

I. Daniel Collins, through liis attorney, Matthew Mcl{enry, has filed a bodilyinjury lawsuit against tlie City for damages suffred in an incident occurring onDecember 24,2010. In the lawsuit, claimant makes claim fur civil rightsviolations and injury during a Porlland Police Bureau response to a fight insidea riightclub.2. l'he claim has been investigated by Iisk Management Services and the CityAttorney's Office. Thc invcstigation indicates there is risk the City may bel'ound liable. ll'herefore, in order to avoid the risk of an adverse jury award, weleel it is prudent to compromise the lawsuit at this time,3. Risk Management Services and the City Attorney's Of1ce recommend thelawsuit be compromised fbr the total sum of fl10,000, subject to the claimantproviding the City with a release in a lorm to be approved by the CityAttorney.

NOW,'fI-IEIEFORE, the Council directs:a. The Mayor and the Auditor are hereby authorized to draw and deliver a checkin the amount of $ I 10,000 rnadc payable to Daniel Collins and MatthewMcl{enry.b. Risk Management Services will execute a payment authorization in theamount set forth in sub-paragraph (a) above.

Seotion 2. The Council declares that an emergency exists in order to avoid undue ancl costlydelay in settling this lawsuit; therefore, this Ordinance shall be in full force andeflct 'om and after its passage by the Council.Passed by the Council,Ma yor C-'harl ie l-lalesPrepared by John IluchlerDate lrrepared: .lune 19,2014

LaVOi.{NIt GIIFFIN-VAI-ADEAuditor of the City of PortlandllvDeputy


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Crrv or PonTLANDOFFICE OF MANAGEMENT AND FINANCECharlie Hales, MayorFred Miller, Chief Administrative OflcerBryant Enge, Director, Bureau of Internal Business ServicesKate Wood, ManagerRisk Management1120 S,W. Fifth Avenue, Rm. 709Portland, Oregon 97204-1912(s03) 823-s101FAX (s03) 823-6120TTY (s03) 823-6868

DATE: June25,2074TO: Mayor Charlie HalesFOR MAYOR'S OFFICE USEONLY

Reviewed by Bureau Liaison

FROM: Bryant Enge, Director of Internal Business ServicesJohn Buehler 503-823 -5256

RE: *Pay claim of Daniel Collins in the sum of $110,000, involving the Police Bureau(Ordinance)1. INTENDED WEDNESDAY FILING DATE: July 16,20142. REQUBSTBD COUNCIL AGENDA DATE: July 30,20143. CONTACT NAME & NUMBBR: John Buehler,503-823-52564. PLACE ON: _CONSENT r'_ REGULAR5. BUDGET IMPACT STATBMENT ATTACHED: ;,-Y -N -N/A. (3) ORTGTNAL COPTES OF CONTRACTS APPROVED AS TO FORM By CITYATTORNEY ATTACHED: Yes No / N/A7, BACKGROUND/ANALYSISThis Ordinance resolves a lawsuit brought by Daniel Collins, through his attorney, MatthewMcHenry of Levine & McHenry,LLC. That lawsuit named as defendants the City of Portlandand four of its police officers. The lawsuit alleged claims for violation of civil rights, and statelaw claims for assault, battery, false imprisonment and negligence. The lawsuit sought damageslor medical expenses and for non-economic ("pain and suffering") damages, and also soughtcosts and attorney fees.The lawsuit arose from an incident on December 24,2010, when Portland Police officers werecalled to the Barracuda nightclub in the Old Town area of Portland due to fights that had brokenout inside the nightclub. Plaintiff alleged that he was attempting to leave the club when he wastaken to the ground by the responding officers. He testified in deposition that he was then pinnedagainst a metal post with his arm under him, and that he was therefore unable to comply withofficers' directions. Although there were factual disputes about exactly what happened insidethe nightclub due to the chaotic scene there, it is undisputed that Mr. Collins was Tasered

An Equal Opportunity EmployerTo help ensLtre equal access to programs, services and activities, The Office of Management & Finance willreasonably modify policies/procedures and provide auxiliary aids/services lo persons with disabilities upon request.


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mlrltiple times, anel was struclc by the of leers as they attemrted to arrest hinr and renrerve hinrfiom the building. I-le was rendered unconscious, and was taken by ambulanoe to OITISU f ortreatment.'l'hc City has becn lepresentec in thc litigation by Dcputy City Attomey.lirn Rice. A medirtionscssion was hclcl on April 28"2014, bclbre IJnitecl States District Cor-lrt Jr"rclge Ann Ail


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Portlancl, OregonFf N.ANCIAtr- I M PAC'' a nd P [.J tr]L[C f N V(} -VE,MN T' ST,ATM E,N TFor Council Action lte ms(l)lrvcr orrgrnal to City lJu( flicc. l{ctainI. Name of-lnitiator'

.lohr-r ISuelrler2. 'l'elephone No.503-823-5256

3. BLrreau/Of{cc/Dept.OMF/Risk Managemenl4a. 'l'o be {iled (healing date):

July 30, 20144b. Calendar' (Checl< One)Regulal Consent 4/-5thsn

5. Date Submitted toConrmissioner's ofceand CBO l3udgetAnalyst:6a. Financial Irrpact Section:ffi I;inancial irlpact section conrplctec

6b. Public Involvement Section:ffi RuUtic involvenrent section completecl

I ) Lcgislation Title: *Pay clainr ol'Daniel Collins in the surn of I 10,000 involving the PoliceIJureau. (Ordinance)2) Purpose of the Proposcd Legislation:'l'hisordinanoewillcloseOMlrlliskManagementrileNo.G20ll-0313-01 foratotalol'$110,000.

3) Which area(s) of the city are affected by this Council itcm? (Chcck all that apply-arcasarc based on fbrmal ncighborhood coalition boundarics)?ffi City-wicle/legional f Nortlieast f Northwest f NorthI Cerrtral Northeast I Southeast Southwest I l]ast Central CityFINANCIAI- IMPACT

4) I.evenue: Will this legislation generate or reduce current or future revcnue coming to.thc City? If so, by how much? If so, please identify the sourcc.l'lris lcgislation will have no irrpact on City revenue.5) Expensc: What are the costs to the City as a result of this legislation? What is the sourceof funding for fhe cxpcnse? (Plea"^e include crsts in t.he current.fiscal year as well as costs in/uture.ye(Irs. I.f-the aclion is relctted lo a grcrnt or conlract tlease include the local contributionrr ntctlchret1uired. IJthere is u project eslintale, please idenfify the level of confidence.)CosttotheCityis$110,000, Thesouroeol'lrndingistheCity'shrsuranceandClailnslund. All costofthc settlernent is ill 1;lre current fiscal year.Versitn updued as o./',Iune 5,2013


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6) Sfafling Rccuirements;e Will any positiors be created, eliminated or re*classificd in thc current ycar as aresult of this le gislation' (lf neu, positions are crectted please include vthether they witlbe part-[ime,.full-time, limiled term, or perntanent posilions. If the tosition is lintitedternt tlease indicate the end of'the term.)

No.. Will positions bc created or climinated in.future years as n result of this legislation?

No.(Complete the Jbllowing section only if an umendntent to the ltudget s protosed")7) Change in Appropriations (lf the uccompanying ordinance antends the budget tlease reflectlhe dollar ctntounl l,o be appropriated by rhis legisl.ation. Include the appropriate cost elententslhctl are to be loctdedby accounling. Indicate "new" inlund Center columnif'new center neecJstr be crectted. Use addition(tl spuce if needecl.)

ll'rocccd to Public Involvcment Scction - IIIQUIRED as of'July 1,2011

CommitmentItem

Versiott updaed s of .[une 5, 20]3


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PUBLIC INVOLVEMENT8) Was public involvement included in the development of this Council item (e.g.ordinance, resolution, or report)? Please check the appropriate box below:n YES: Please proceed to Question #9.X NO: Please, explain why below; and proceed to Question #10.This Ordinance settles a tort lawsuit filed against the City of Portland by Daniel Collins. TheCity Attorney's Office and Risk Management have concluded that it is not appropriate to havepublic involvement in settlement negotiations regarding torl claims or lawsuits against the City.9) If "YES," please answer the following questions:

a) What impacts are anticipated in the community from this proposed Councilitem?b) Which communify and business groups, under-represented groups,organizations, external government entities, and other interested parties wereinvolved in this effort, and when and how were they involved?c) How did public involvement shape the outcome of this Council item?d) Who designed and implemented the public involvement related to this Councilitem?e) Primary contact for more information on this public involvement process (name,titleo phone, email):

10) Is any future public involvement anticipated or necessary for this Council item? Pleasedescribe why or why not.No luture public involvement is anticipated or necessary. Approval by City Council of thisOrdinance will fully settle a tort lawsuit against the City of Portland.

Bryant Enge, Director, BIBSKate Wood, Risk Manager

APPROPRIATION UNIT HEAD (Typed name and signature)

Version updted as of June 5,2013

portland police brutality $110, 000 daniel collins

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