HomeMy WebLinkAbout2008 06_Appoint CM as Settlement Rep Kerry Seaman_2008.12.02OWASSO CITY COUNCIL
RESOLUTION NO. 2008-06
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE
SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT
CONFERENCE TO BE HELD ON DECEMBER 3, 2008 IN THE LITIGATION
STYLED KERRY SEAMAN V JAROD MITCHELL, NANCY BELL, MIKE
DENTON, JASON WOODRUFF AND LEM MUTII, AND ADDITIONALLY
GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS
ACTION TO THE CITY MANAGER FOR PURPOSES OF THE
SETTLEMENT CONFERENCE.
WHEREAS: The above -named City of Owasso police officers are parties to litigation currently
filed in the United States District Court for the Northern District of Oklahoma captioned as
Kerry Seaman v. Mitchell, Bell, Denton, Woodruff and Mutii, 07 -CV -665 GKF -FHM, and,
WHEREAS: The defendants have been ordered to attend, through an authorized settlement
representative, a settlement conference before the Court to occur on the 3rd day of December
2008, in the United States Courthouse in Tulsa, Oklahoma, and,
WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City
Manager for purposes of the settlement conference,
THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City Manager, is hereby
designated as the settlement representative of the City of Owasso for purposes of the above -
described settlement conference,
AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with full and
final settlement authority on behalf of the City of Owasso for purposes of the settlement
conference to be held on December 3, 2008.
APPROVED AND ADOPTED this 2nd day of December, 2008, by the City Council of the City
of Owasso, Oklahoma.
Stephen CVtaudella, Mayor
Attest:
�Sherry Bish , City Clerk Approved To Form: J e T. Lombar i, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: SETTLEMENT CONFERENCE IN KERRY SEAMAN V. MITCHELL,
BELL, DENTON, WOODRUFF AND MUTII, 07 -CU -665 GKF -FHM
DATE: December 2, 2008
BACKGROUND
On November 19, 2007, suit was filed in federal court by the Plaintiff, Kerry Seaman, against the
Defendant police officers, Jarod Mitchell, Nancy Bell, Michael Denton, Jason Woodruff and
Lem Mutii. The Plaintiff's action arose out of his arrest on New Year's Eve in 2006. On that
evening, the Plaintiff was pulled over and arrested by Officer Jason Woodruff for operating a
motor vehicle while under the influence of alcohol. Mr. Seaman refused to submit to a field
sobriety test and was subsequently arrested for driving under the influence of alcohol. He was
then transported to the City of Owasso jail where he was booked and escorted to a cell. The
Plaintiff later plead guilty to DUI - Alcohol Second Offense, Reckless Driving and Driving Under
Suspension and was sentenced on July 18, 2007.
During the booking procedure, the Plaintiff became increasingly agitated and exhibited
belligerent behavior toward all of the police officers dealing with him. As he was escorted to his
cell, the Plaintiff grabbed an officer's uniform shirt and pushed him in an aggressive manner.
Other officers attempted to secure the Plaintiff on the floor in handcuffs but he resisted their
efforts. After a lengthy struggle, a short burst of pepper spray was administered to the Plaintiff's
face. The Plaintiff was then secured and placed in a cell where he began kicking and banging his
head on the cell door. Officers eventually were required to enter the Plaintiff's cell and place
him in leg restraints. During that process, the Plaintiff kicked wildly at the officers and struck at
least one of the officers in the thigh with his foot. Another burst of pepper spray was
administered, and the Plaintiff was then secured.
The Plaintiff was subsequently charged with several counts of Assault & Battery on a Police
Officer in addition to the DUI - related charges. However, the Assault & Battery charges were
dismissed by the Tulsa County District Attorney's Office as part of the Plaintiffs plea bargain
agreement. Thereafter, this action was filed by the Plaintiff.
The Federal Rules of Civil Procedure require attendance at settlement conferences by a person
will full settlement authority for any organization named as a defendant in the law suit.
Although such a representative cannot be compelled to settle the case, defendants in federal
lawsuits are required to confer full settlement authority upon a representative to be used at the
representative's discretion during the settlement conference. In this case, given that the court has
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sued an order scheduling a settlement conference on December 3, 2008 and has compelled
tendance and participation by the parties, it is necessary for the City of Owasso to vest a
;presentative with full settlement authority to attend the settlement conference on the City's
-half.
RECOMMENDATION
The staff recommends that the City Council designate the City Manager, Rodney J. Ray, as the
authorized settlement representative for the City of Owasso in the case of Kerry Seaman v.
Mitchell, et al., and confer full and final settlement authority upon him for the potential
disposition of this case.
ATTACHMENT:
1. Resolution No. 2008 -06
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