HomeMy WebLinkAbout2016 09_Defense for Andrew Eubanks (K Wilkes)_2016.06.21CITY OF OWASSO, OKLAHOMA
RESOLUTION 2016 -09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA
RETAINING LEGAL SERVICES TO DEFEND THE CITY OF OWASSO AND PROVIDING A
DEFENSE FOR OFFICER ANDREW EUBANKS IN LITIGATION STYLED CODY ROBERT
MATHEWS v. CITY OF OWASSO, ET AL., DISTRICT COURT OF TULSA COUNTY, CJ -2016-
02196.
WHEREAS, The City of Owasso, Officer Andrew Eubanks and a former employee of the
Owasso Police Department, Michael Denton, have been named as defendants in litigation
styled Cody Robert Mathews v. City of Owasso, et al., District Court of Tulsa county, CJ -2016-
02196, by means of a petition filed on June 13, 2016, alleging federal civil rights violations and
claims under the Oklahoma Government Tort Claim Act;
WHEREAS, the City is required to respond to and defend this lawsuit, and it is additionally
appropriate to provide a defense in this matter for Officer Andrew Eubanks, in both his individual
and official capacities, because the allegations arise from actions taken by Eubanks which were
within the scope of his duties as an officer with the Owasso Police Department;
WHEREAS, approval of this resolution is in the best interest of the residents of the City of
Owasso.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Owasso, Oklahoma, as
follows:
Keith Wilkes of the firm of Newton, O'Conner, Turner & Ketchum is retained by the City to
represent the City of Owasso and Officer Andrew Eubanks in the litigation styled Cody Robert
Mathews v. City of Owasso, et al., District Court of Tulsa County, CJ-2016-02196.
Dated th' 1 s1 day of June,
N' OF O�
oFrrcraL
-y V6elAunn, Mayor
ATTEST:
Sherry Bishol6!City
Appr d as to Form:
Julie ombardi, City Attorney
The City Witiout Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney
APPROVED BY COUNCIL
JUN 2 1 2016
SUBJECT: Resolution 2016 -09 retaining legal services to defend the City of Owasso, and
providing a legal defense for Officer Andrew Eubanks, in the litigation styled Cody
Robert Mathews v. City of Owasso, et al., Tulsa County District Court, CJ -2016-
02196
DATE: June 17, 2016
BACKGROUND:
On June 13, 2016, a lawsuit was filed against the City of Owasso, Officer Andrew Eubanks and
former Lt. Michael Denton by Cody Robert Mathews. Mr. Mathews' action arises out of a pursuit
and his eventual arrest in Nowata County on or about June 14, 2015. The lawsuit alleges federal
civil rights violations and asserts claims under the Oklahoma Government Tort Claims Act.
PROPOSED ACTION:
Approval of proposed Resolution 2016 -09.
RECOMMENDATION:
Staff recommends the City Council approve Resolution 2016 -09 retaining Keith Wilkes of Newton,
O'Connor, Turner & Ketchum to defend the City of Owasso in the litigation styled Cody Robert
Mathews v. City of Owasso, et al., District Court of Tulsa County, CJ-2016-02196, and also
providing legal defense in this matter for Officer Andrew Eubanks in both his official and
individual capacities.
ATTACHMENT:
Proposed Resolution 2016 -09