Title
Subject: Ke'Van Pope
From: City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of Ke'Van Pope v. City of Oakland, Alameda County Superior Court, our matter no. 21005, arising out of excess force allegations in the amount of $195,000.00 (Oakland Police Department)
Body
CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA . 6TH FLOOR - OAKLAND, CA 94612
Office of the City Attorney (510) 238-3601
John A. Russo FAX: (610) 238-6500
City Attorney TDD: (510) 839-6451
July 15, 2003
HONORABLE CITY COUNCIL
Oakland, California
President De La Fuente and Members of the City Council:
Subject: Ke'Van Pope v. City of Oakland, et al.
Alameda County Superior Court, Unlimited Jurisdiction
Case No. 841719-0
Our Matter No. 21005 (Police Services)
Pursuant to 401 of the Charter, the City Attorney has prepared and requests
your approval of a resolution authorizing compromise and settlement of the above-
entitled action for the sum of One Hundred Ninety-Five Thousand Dollars
($195,000.00), payable to Plaintiff Ke'Van Pope and to Robert Henry Blumenthal, his
attorney of record.
This lawsuit arises out of allegations of excess force by Oakland Police officers.
Mr. Pope sustained a gunshot wound and permanent physical injuries as a result of the
incident. Settlement authority in this matter was extended by the Council in a sum not
to exceed $225,000.00
The settlement is recommended to avoid the risk of an adverse verdict at trial
and the additional exposure for attorneys' fees should that occur.
Respectfully submitted,
;@JOHN A RUSSO
City Attorney
Attorney Assigned:
James F. Hodgkins Item 0. la ce,
ORA/Council
July 15, 2003
OAKLAND CITY COUNCIL
RESOLUTION No. C. M. S.
JF
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE
OF KE'VAN POPE v. CITY OF OAKLAND, ALAMEDA
COUNTY SUPERIOR COURT, OUR MATTER NO. 21005,
ARISING OUT OF EXCESS FORCE ALLEGATIONS IN THE
AMOUNT OF $195,000.00.
(POLICE SERVICES)
RESOLVED: That the City Attorney is authorized and directed to settle
the case of KE'VAN POPE v. CITY OF OAKLAND, et al., City Attorney's File No.
21005, arising out of excess force allegations, for a sum not to exceed a total of One
Hundred Ninety-Five Thousand Dollars and No Cents ($195,000.00).
FURTHER RESOLVED: That the City Attorney is further authorized and
directed to take whatever steps may be necessary to effect said settlement; and be it
FURTHER RESOLVED: That the sum of ONE HUNDRED NINETY-FIVE
THOUSAND DOLLARS and NO CENTS ($195,000.00) be paid to KE'VAN POPE and
his attorney of record, ROBERT HENRY BLUMENTHAL, ESQ.
IN COUNCIL, OAKLAND, CALIFORNIA, , 20_
PASSED BY THE FOLLOWING VOTE:
AYES- BRUNNER, BROOKS, CHANG, DE LA FLIENTE, NADEL, QUAN, REID, and WAN
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California
item 10. to CC,
ORA/Council
3uly 15,2003
303399