Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: 08-426 (FSH) and 10-1743 (Third Circuit)
Claimant: Roberto Lima
Claimant's Attorney: Baher Azmy, Esq., Seton Hall Law School, Center for Social Justice
Attorney's Address: One Newark Center, Newark, NJ 07102
Settlement Amount: $190,000.00
Funding Source: City of Newark/General Liability/Personal Injury
Additional Comments:
Invitation: Corporation Counsel, January 31, 2012
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WHEREAS, a suit was instituted in the United States District Court, District of New Jersey, captioned, Roberto Lima v. Newark Police Department, et al., Docket Number: 08-426 (FSH), and thereafter in the United States Court of Appeals, captioned Roberto Lima v. Newark Police Department, et al., Case Number: 10-1743 (Third Circuit), in which the plaintiff sought recovery for damages for personal injuries allegedly sustained on September 6, 2007, as a result of the alleged negligence and alleged civil rights violations of City of Newark employees; and
WHEREAS, a proposal has been made to resolve this litigation in its entirety by payment in the total amount of $190,000 (One Hundred Ninety Thousand Dollars); and
WHEREAS, the Corporation Counsel based upon all facts and circumstances deems it in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
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- The Corporation Counsel is hereby authorized on behalf of the City of Newark to execute and accept the terms of the Settlement Agreement and Release, attached hereto.
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- Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue a check in the amount of $190,000 (One Hundred Ninety Thousand Dollars), which payment will be made payable to "ACLU-NJ Foundation Inc." and which will be mailed to American Civil Liberties Union of New Jersey, P.O. Box 32159, Newark, NJ 07102.
- Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Newark, which states that there are available sufficient legally-appropriated funds from Fund 025, Agency 25T, Organization 5T25, and Object 96320, in the amount $190,000 (One Hundred Ninety Thousand Dollars), for the purpose set forth herein.
- A copy of the Comptroller's Certification shall be filed in the Office of the City Clerk along with this Resolution by the Corporation Counsel.
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- A fully executed copy of the Settlement Agreement shall be filed in the Office of the City Clerk by the Corporation Counsel.
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- This resolution shall be effective upon adoption in accordance with applicable State Law.
STATEMENT
This Resolution authorizes the Corporation Counsel on behalf of the City of Newark to enter into a Settlement Agreement and Release to settle civil litigation Roberto Lima v. Newark Police Department, et al., Docket Number: 08-426 (FSH), and Roberto Lima v. Newark Police Department, et al., Case Number: 10-1743 (Third Circuit), in the amount of $190,000, in exchange for Plaintiff's dismissal of any and all claims, costs and fees against the City of Newark and its employees, and a complete release.