ORDINANCE NO. BL2005-640
An ordinance authorizing the Metropolitan Department of Law to compromise and settle the claim of Calvin B. Champion, personal representative of the estate of Calvin D. Champion, deceased, against Officers Debbie Miller, Craig Dickhaus and Richard Woodside for the sum of $400,000, which shall be paid from the Police Professional Liability Fund.
Whereas, a lawsuit based on claims of excessive force and violation of Calvin D. Champion's civil rights was filed by the plaintiff in the United States District Court for the Middle District of Tennessee; and
Whereas, on August 29, 2002, a jury returned a verdict finding Officers Debbie Miller, Craig Dickhaus and Richard Woodside each liable in the amount of $300,000 to plaintiff, for a total of $900,000, however the jury did not award punitive damages; and
Whereas, the officers appealed the case to the United States Court of Appeals for the Sixth Circuit, however the jury's' verdict was affirmed in all respects; and
Whereas, the officers have filed a petition for writ of certiorari with the United States Supreme Court, which remains pending, but it is unknown if the Supreme Court will grant certiorari; and
Whereas, the estate of Calvin D. Champion would be entitled to interest on the judgment and attorneys fees if the writ of certiorari is not granted; and
Whereas, after investigation and negotiation with plaintiff's counsel, the Department of Law believes the settlement amount as set forth in Section 1 is fair and reasonable and recommends that this case be compromised and settled and that the total amount of $400,000 be paid from the Police Professional Liability Fund in full and final settlement of the judgment against the officers.
Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:
Section 1. The Department of Law is authorized to compromise and settle the lawsuit styled Calvin B. Champion et al. v. Outlook Nashville, Inc., Debbie Miller, Craig Dickhaus and Richard Woodside, no. 3:00-0568 in the U.S. District Court for the Middle District of Tennessee and no. 03-5068 in the U.S. Court of Appeals for the Sixth Circuit, for the sum of $400,000 and directing that this amount be paid from the Police Professional Liability Fund.
Section 2. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Diane
|Introduced:||April 19, 2005|
|Passed First Reading:||April 19, 2005|
|Referred to:||Budget & Finance Committee|
|Passed Second Reading:||May 17, 2005|
|Passed Third Reading:||June 7, 2005|
|Approved:||June 9, 2005|