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File #: 19-7562   
Type: Miscellaneous Item
In control: City Council A Session
On agenda: 10/17/2019
Posting Language: Ordinance approving the settlement of a lawsuit styled Natalie D. Simms v. City of San Antonio, et al; Case Number 5:18-CV-00211-DAE, pending in U.S. District Court for the Western District of Texas in the amount of $205,000.00 paid from the Self-Insurance Liability Fund. [Andrew Segovia, City Attorney]
Attachments: 1. Ordinance 2019-10-17-0852

DEPARTMENT: City Attorney’s Office

 

DEPARTMENT HEAD: Andrew Segovia

 

COUNCIL DISTRICTS IMPACTED: City Wide

 

SUBJECT:

Settlement of a lawsuit styled Simms v. City of San Antonio, et al.

 

SUMMARY:

This item authorizes the settlement of a lawsuit styled Natalie D. Simms v. City of San Antonio, et al.; Case Number  5:18-CV-00211-DAE pending in U.S. District Court for the Western District of Texas in the amount of $205,000.00.  This amount will be paid from the Self-Insurance Liability Fund.

 

BACKGROUND INFORMATION:

Natalie Simms claims damages as a result of an interaction with a San Antonio Police Officer on August 8, 2016.  Ms. Simms claims to have sustained __________________ (injury)

 

The parties have reached an agreement to settle all claims by Ms. Simms, subject to City Council approval.

 

ISSUE:

Settlements over $50,000 require City Council approval.

 

ALTERNATIVES:

If this settlement is not approved by the City Council, this case will proceed to a jury trial.  It is in the best interest of the City to settle this matter to avoid the uncertainties and risks associated with litigation in a case of disputed damages.

 

FISCAL IMPACT:

If approved, $205,000 will be paid to Natalie D. Simms and her attorney of record, Dean Malone.  This will be funded in accordance with the FY 2020 Liability Fund Adopted Budget.

 

RECOMMENDATION:

Staff recommends approval of this item.