File #: 11-1202    Version: 1 Name: Settlement of litigation, Roberto Lima
Type: Resolution Status: Filed
File created: 11/14/2011 In control: Law
On agenda: 2/1/2012 Final action: 2/1/2012
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
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:

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.

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), whi...

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