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HomeMy WebLinkAboutResolution - 2012-R0272 - Settlement Agreement - Willie Williams V. Curtis Fish - 07/12/2012Resolution No. 2012—RO272 July 12, 2012 Item No. 5.2 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Settlement Agreement in Civil Action No. 5:11 -CV -215-C, in the United States District Court for the Northern District of Texas, Lubbock Division styled Willie Williams v. Curtis Fish, Individually, et al. and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on July 12, 2012 ROBERTSON, MAYOR ATTEST: k.0"- -"&- Reb cca Garza, City Secret APPROVED AS TO CONTENT: //16� ') Lee Ann Dumbauld, City Manager APPROVED AS TO FORM: JefrHar,tsell, Chief Litigation Attorney vw:ccdocs/RES. Settlement Agrmt-Williams July 2, 2012 07/02/2012 14:58 18067936882 THOMPSONANDKERBV Resolution No. 2012-RO272 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION WILLIE WILLIAIMS VS. § CURTIS FISH INDIVIDUALLY AND AS AN OFFICER OF THE LUBBOCK § POLICE DEPARTMENT CIVIL ACTION NO.: 5:11 -CV - 0215 -C "ECF" _MMPROMM_.SETTLEMEN>C" AOI�EiMENT AND RELEASE OF ALL CLAIMS PAGE 03/14 This Compromise Settlement Agreement and Release of All Claims ("Settlement Agreement") is entered into by and between The City of Lubbock, ("City"), and Curtis Mitchell Fish ("Fish"), Individually and as an Officer of the Lubbock Police Department, the City of Lubbock Police Department and Willie Williams ("Williams"). RECITALS WHEREAS, on or about September 25, 2011., after 2:00 a-rn,, a report was made of a breaking and entering into an apartment at the Parkrid.ge Place Apartments, located at or near 5301 51 " Street in Lubbock, Lubbock County, Texas; WHEREAS, Lubbock Police Officers Billy Mitchell, Christopher Key, Jacob Flores, Everette Stamps.. and certain other Officers of the Lubbock Police Department, reported to the Parkridge Place Apartments; and WHEREAS. the Lubbock Police Officers, including Jacob Flores, with the assistance of Fish, attempted to clear a. broken window at an apartment, which it was later discovered was occupied by WiIIiarns; and 07/02/2012 14:98 18067936882 TH7MPBaNANDKERB'Y PAGE 04/14 WHEREAS, Officer Jacob Flores gave K-9 Unit warnings and begaal to clear the broken glass Rona the window; and WHEREAS, Fish, in the clearing of the glass from the window, and WHEREAS, Fish provided deadly Farce coverage For Jacob Flores and the K-9 Officer, and and WHEREAS, Williams fired two shots from his shotgun; and WHEREAS, Fish fired approximately six rounds from his police service weapon; MiEREAS, Williams was struck by one of the rounds fired by Fish; and. WHEREAS, one of the rounds fired by Fish struck Williams; and WHEREAS. Williams exited his apartment and was taken into custody by the Lubbock Police Department; and WHEREAS, Williams' wrists were injured by the handcuffs applied at the time of Williams' apprehension by certain Lubbock Police Officers, not including Fish; and WHEREAS, Williams was transported to UMC; and WHEREAS, Williams was restrained to his hospital bed by Lubbock Police restraints for a period of several hours, by Lubbock Police Officers, not including Fish; and. WHEREAS, Williams filed suit against Curtis Mitchell Dish, Individually and as an Officer of the Lubbock Police Department. in Cause No. 5;1.1 -CV -0215-C; Willie Williams v. Curtis Fish, Individually and as an Officer of the Lubbock Police Department; In the U.S. District Court for the Northern District of Texas, .Lubbock Division; and 2 07/02/2012 14:58 18067986882 TH=iMPSONANDKERS'/ RAGE 05/14 WHEREAS, Fish has steadfastly denied any wrong doing, and WHEREAS, the City of Lubbock Police Department and the City of Lubbock has denied any wrong doing, and WHEREAS, Williams could have brought suit against other Police Department Officers, Management and the Cite of Lubbock Police Chief; and WHEREAS, the Parties both deny any and all liability and wrong doing from either Williams, Nish or any Officer of the City of Lubbock Police Department, including but not limited to, Chief Roger Ellis, NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: 1. IN CONSIDERATION of the payment by the City of Lubbock, to Williams, in the sum of SEVENTY-SIX THOUSAND DOLLARS and No/100s ($76,000.00), Williams, Plaintiff, does hereto enter into this Settlemem Agreement and does hereby release, acquit, and forever discharge the City of Lubbock, its Police Department and all of its Officers, Chief, and Curtis Mitchell Fish., respective predecessors, successors, assigns, owners, City Council, partners, members, managers, employees, directors, legal representatives. insurers, independent contractors, agents, all City of Lubbock employees, and attorneys of and from any and all liability, claims, demands, damages, attorneys fees, casts, liens, including but not limited to any hospital, medical, insurance, Medicare or Medicaid liens, expenses (except the mediation fees charged by Mr. Layton Z. Woodul), services, actions, causes of action, or suit in equity, of whatsoever kind or nature, whether heretofore or hereafter accruing, which Williams now has or may hereafter have, whether known or unknown, arising out of this incident, described in this Release 3 O7/02/2012 14:58 18057936882 THOMPSONANDKERB'Y PAGE 05/14 and described in Cause No. 5:11 -CV -01215-C; Willie Williams v. Curtis Fish, Individually and as an Officer of the Lubbock Police Department; In the U.S. District Court for the Northem District of Texas, Lubbock Division admitted or suffered as of, or related to this incident. This Release is to be construed in the broadest literal and legal sense. 2. Payment shall be made by check payable to "Willie John Williams and Charles Dunn, Attornev at Law." 3. Williams hereby agrees to pay any outstanding liens, claims, or rights of subrogation that may now or hereafter exist arising out of or relating to this occurrence. 4. This Settlement Agreement includes any transaction, occurrence, matter or thing whatsoever, whether known or unknouaa, arising or occurring due to this incident including.: taut .not limited to, all claims. demands, causes of actions of any nature, whether in contract or in tort, or arising out of. under or by virtue of ally statute or regulation, that are recognized by law or that may be created or recognized in the future by any manner, including. without limitation, statute, regulation, or judicial decision, for past, present and fixture damage or loss,, or remedies of any kind that are now recognized by law or that may be created or recognized in the future. These shall include but not be limited. to the following; all actual damages and all exemplary and punitive damages, all penalties of any kind, all statutory damages, all attorney fees or interest claims. Williams hereby declares that he fully understands the terms of this Settlement Agreement and voluntarily accepts the above stated sura for the purposes of making full and final settlement of any and 4 07/02/2012 14:58 18067936882 THOMPSONANDKERBV PAGE 07/14 all the injuries, damages, expenses, mental anguish, physical pain, hospital, doctor and attorney fee bills or an statutory or common law damages of whatever kind. 5. This Settlement Agreement may be pled as a full and complete defense to any action, suit, or, other proceeding, which may be instituted, prosecuted. or attempted for, upon, or in respect of any of the claims released hereby. 6. Williams hereby represents and warrants that fie. and he alone, together with his attorney, own the claimed rights, interests, demands, actions, or causes of action, whether in tort contract or otherwise, including any Civil Rights Claims or causes of action in all matters covered by this Settlement .Agreement and which could have been heretofor brought against Fish or any other employee or agent of the City of Lubbock. Williams represents that he has not transferred, conveyed, pledged, assigned or made any other disposition of the Claimed Rights. Williams agrees to indemnify and hold harmless those being released herein from any and all claims, demands, or causes of action and the reasonable and necessary costs, including attorneys' fees, incurred in the defense of any such claim that any person, firm, corporation or entity who claims an ownership of any portion of any action which is brought or could have been brought, and further covenants not to sue Fish, Lubbock Police Department or City of Lubbock for any other claim arising out of described incident. 7. The terms of this Settlement Agreement shall inure to the benefit of, and be binding upon, the Plaintiff, all Defendants, potential Defendants, all employees, 5 07,!0202012 14:58 18067936882 THOMPSONANDKERSY PANE 88/14 agents, representatives of the City of Lubbock, and their heirs, legal representatives, successors or assigns_ S. Williams hereby warrants that he hats the authority to execute this Settlement Agreement and bind himself, his heirs, legal representatives, successors and assigns, 9. if any portion or term of this ScttlerneW Agreement is held unenforceable by a court of competent jurisdiction, the remainder of this Settlement Agreement shall not be affected and shall remain fully in force and enforceable. 10. Williams acknowledges that be has consulted with whatever consultants, attorneys or other advisors he deems appropriate concerning the effect of this Settlement Agreement. Williams acknowledges and agrees that he has obtained competent and good. legal .representation and advice from his attorney. Charles Dunn, in entering into this Settlement Agreement. Williams further states that this Settlement Agreement, including the Release, has been carefully read and that he understands the contents thereof and that this is a full, final and complete Release of all claims by him in the captioned matter. 11. It is further understood that the provisions of this Settlement Agreement are contractual and not mere recitals and that the laws of the State of Texas shall govern this Settlement Agreern.ent. and are to be construed in the broadest literal and legal terms. rU EXECUTED this day of 2012. 6 07+/02/2012 14.58 18057936882 THOMPSONANDKERBY PAGE 09/14 PLAINTIFF: CITY OF LUBBOCK By: PLAINTIFF: WILLIE JOHN WILLIAMS, INDIVIDUALLY CITY OF LUBBOCK: Q7f02/2012 14:50 18067936882 THLMPSDNANDKEPBY PAGE 110114 SBN. 06241200 The Law Office of Charles Dunn P.O. Box 311 Lubbock, Texas 79408 TelephODe: (806) 763-1444 Facsimile: (806) 763-1945 ATTORNEY FOR PLAINTIFF By: ,I art ell SBN: 09170275 Chief Trial Attomey, City of Lubbock PA. Box 2000 Lubbock. Texas 79457 Telephone: (806) 775-2222 Facsimile: (806) 775-3307 ATTOR'N Y FOR THE CITY OF LUBBOCK By: George L. Thompson, M. SBN: 19450000 Thompson & Kerby P. O. Box 65150 Lubbock, Texas 79464 Telephone: (806) 743-7600 Facsimile: (806) 793-6882 ATTORNEY FOR OFFICER CUR.TIS MITCHELL FISH 7/02/2012 14:58 18867936882 THOMP50NANDKERSV PAGE 11114 S'T'ATE OF TEXAS COUNTY OF LUBBOCK § Before me, the undersigned authority, personally appeared WILLIE J0I4i WILLIAMS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. VANESSA BARBOZA MY COMMISSION EXPIRES f,• June 9, 2014 Notary Public My Commission expire