HomeMy WebLinkAboutResolution 3891-06-2010A Resolution
NO 3891-06-2010
A RESOLUTION TO INCREASE THE AMOUNT TO BE PAID TO
KEN EAST TO REPRESENT FORMER POLICE OFFICER F V
ANDERSON IN CIVIL ACTION NO 4.09-CV-00483-A
WHEREAS, Carey Cass Hudson filed suit against the City of Fort Worth, Police Officers F V
Anderson and Harris, m Civil Action No 4 09-CV-00483 A,
WHEREAS to date, the cost of legal services by Ken East to represent Ms. Anderson m the subject
lawsuit has exceed $24 000 00• and
WHEREAS, the subject lawsuit is still pending and rt is estimated that an additional amount of
approximately $50 000 00 beyond the current authorized cost of $25 000 00 will be
needed for the legal services necessary to bung this lawsuit to a successful conclusion,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS
That the compensation authorized to be paid to Ken East for legal services m Civil Action No
4 09-CV-00483 A is hereby increased from $25 000 00 to an amount not to exceed $75 000 00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
Adopted this 15th day of June 2010
APPROVEQ
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 6/15/2010 -Res. No 3891-06-2010
DATE Tuesday June 15 2010 REFERENCE NO **G-16956
LOG NAME 12HUDSONFEE
SUBJECT
Adopt a Resolution Authorizing the Increase of $50 000 00 in the Maximum Amount to be Paid to Ken East
to Represent Former Officer F V Anderson to an Amount Not to Exceed $75 000 00 in the Lawsuit
Entitled Carey Cass Hudson v City of Fort Worth and Officers F V Anderson and Harris Cause No 4 09-
CV-00483-A
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing an increase in the
maximum amount to be paid to Ken East to represent former Officer F V Anderson in the above named
lawsuit to an amount not to exceed $75 000 00
DISCUSSION
This is a civil rights lawsuit against the City of Fort Worth and former Officer F V Anderson involving
alleged violations of the constitutional rights of Carey Cass Hudson Pursuant to Section 180 002 of the
Texas Local Government Code the City is required to provide legal representation to its police officers
without cost, if requested by the officer and if the suit involves an official act of the officer within the scope
of the officer's authority Section 180 002 further provides that the City may employ outside counsel to
represent its police officers At the time of the incident, former Officer F V Anderson was employed as a
police officer for the City of Fort Worth The City Attorney's Office reviewed the suit and determined that
former Officer Anderson should be represented by outside counsel Accordingly it was agreed between
the City Attorney and former Officer Anderson that Ken East should be retained to represent her
As a condition of his employment, Mr East has agreed that his legal fees in this matter would not exceed
$25 000 00 without City Council approval
Because of the on-going nature of this litigation and the fact that the legal fees billed by Mr East to date
exceed $24 000 00 it is recommended that the City Council confirm the hiring of Ken East to represent
former Officer Anderson in this lawsuit and provide that the total attorney fees to be paid to Mr East be
increased to amount not to exceed $75 000 00
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that the funds are available in the current operating
budget, as appropriated of the Risk Management Fund
FUND CENTERS
TO Fund/Account/Centers
Logname: 12HUDSONFEE
FROM Fund/Account/Centers
FE71 534060 0137120 $50,000.00
Page 1 of 2
CERTIFICATIONS
Submitted_for City Manager's Office bv. Karen Montgomery (6222)
Originating Department Head. David Yett (7623)
Additional Information_Contact: Laetitia Brown (6639)
Logname: 12HUDSONFEE Page 2 of 2