3285120v1
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 C LAIM OF
MAKYLA BROWN, CITY ATTORNEY FILE NO. C34366, FOR THE SUM
OF FOUR HUNDRED THOUSAND DOLLARS AND NO CENTS
($400,000.00) (OAKLAND POLICE DEPARTMENT – EXCESSIVE
FORCE)
WHEREAS, on the night of May 31, 2020 Claimant Makyla Brown (“Brown”) exited a store on High Street in Oakland amidst a group of looters and attempted to run from Oakland Police Department (“OPD”) officers responding to the scene; and
WHEREAS, OPD Acting Lieutenant Richard Vierra swung a baton and hit Brown in the mouth; and
WHEREAS, OPD determined that this baton strike violated OPD’s use of force policy; and
WHEREAS, Brown suffered several chipped teeth and a three-centimeter laceration to the upper lip, resulting in a permanent scar and alleged loss of sensation; and
WHEREAS, without admitting fault or wrongdoing, the City has determined to compromise Brown’s claim in the amount of Four Hundred Thousand Dollars and No Cents ($400,000.00); now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the claim of Claimant Makyla Brown 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 authori zed 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