APPROVED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
2022 DEC-9 AH IQ: 19
OAKLAND CITY COUNCIL
8 9 5 3 2
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OFFICE OF THE CITY CLERK
OAKLAND
RESOLUTION NO. C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF ZELDA B., A MINOR, BY AND THROUGH BRIAN A. THOMAS, AS GUARDIAN AD LITEM, CYNTHIA M., A MINOR, BY AND THROUGH RACHEAL D. COLSTON, AS GUARDIAN AD LITEM, BRIAN A.
THOMAS IN HIS INDIVIDUAL CAPACITY, RACHEAL D. COLSTON IN HER INDIVIDUAL CAPACITY, PHYLLIS A. THOMAS AND CHARLES A. THOMAS, SR., V.
CITY OF OAKLAND, PUBLIC EMPLOYEE-DIRECTOR LARICHEA SMITH, OAKLAND UNIFIED SCHOOL DISTRICT, AND DOES 1-10, UNITED STATES DISTRICT COURT CASE NO. 4:21-CV-07078-DMR, CITY ATTORNEY FILE NO. 34454,
FOR A TOTAL SUM OF NINETY FIVE THOUSAND DOLLARS AND NO CENTS ($95,000.00) TO BE PAID TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD (PARKS, RECREATION & YOUTH DEVELOPMENT DEPARTMENT - CIVIL RIGHTS) WHEREAS, Plaintiffs attended a recreational youth basketball league game at the McClymonds High School gymnasium on February 15, 2020 that was staffed by City of Oakland employees, and allege that at the game a City employee used a racial epithet towards them and engaged in assaultive and harassing behavior; and
WHEREAS, Plaintiffs filed Zelda B., et al. v. City of Oakland, et al., United States District Court Case No. 4:21-CV-07078~DMR, claiming that the City’s employee discriminated against them on the basis of race, in violation of the Equal Protection Clause of the U.S. Constitution, and on the basis of disability, in violation of the Americans with Disabilities Act; and WHEREAS, without admitting fault or wrongdoing, the City has determined to compromise Plaintiffs’ claims in the amount of Ninety-Five Thousand Dollars and No Cents ($95,000.00); now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Zelda B., et al v. City of Oakland, et al., United States District Court Case No. 4:21-CV- 07078-DMR for the sum of Ninety-Five Thousand Dollars and No Cents ($95,000.00); and be it FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps as may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA, DEC 20 2022
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN,TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS —
rNOES “
ABSENf-^
ABSTENTION-
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the City
of Oakland, California
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