3281773v1
APPROVED AS TO FORM AND LEGALITY
________________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF TIMOTHY
MICHAEL RYAN V. CITY OF OAKLAND, ROLAND HOLMGREN, AND
PATRICK GONZALES, UNITED STATES DISTRICT COURT CASE NO. 4:22-CV-00521 DMR, CITY ATTORNEY FILE NO. X05376 FOR THE SUM
OF FOUR HUNDRED THOUSAND DOLLARS AND NO CENTS
($400,000.00) (OAKLAND POLICE DEPARTMENT – EXCESSIVE
FORCE)
WHEREAS, on June 1, 2020 Plaintiff Timothy Michael Ryan (“Ryan ”), a KCBS Radio news reporter , attended demonstrations in downtown Oakland which followed the murder of George Floyd; and
WHEREAS, Ryan claims Ryan suffered a right foot fracture and two torn ankle ligaments while running from tear gas deployed in the area of 8th Street and Broadway; and
WHEREAS, Ryan claims this use of tear gas by OPD officers violated Ryan’s rights under the First and Fourth Amendments; and
WHEREAS, without admitting fault or wrongdoing, the City has determined to compromise the Ryan’s lawsuit in the amount of Four Hundred Thousand Dollars and No Cents ($400,000.00). This amount includes satisfaction of Ryan’s employer’s workers’ compensation lien, and Ryan’s claimed damages, attorneys’ fees, and costs; now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the lawsuit of Plaintiff Timothy Michael Ryan in the amount of Four Hundred Thousand Dollars and No Cents ($400,000.00); 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,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California