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 MELINA ARMSTEAD,
ET AL. V. COUNTY OF ALAMEDA, CITY OF OAKLAND, ET AL, UNITED STATES DISTRICT COURT CASE NO. 3:21 -CV-05257-LB, CITY
ATTORNEY FILE NO. 34385, IN THE AMOUNT OF FOUR HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($ 450,000.00)
(OAKLAND POLICE DEPARTMENT - WRONGFUL DEATH)
WHEREAS, Plaintiffs Melina Armstead, individually and as the personal representative of the Estate of Miles Armstead, A.A., and I.L. (“Plaintiffs”) allege that for several months Defendant Jamal Thomas (“Thomas”) harassed the Armstead family, yelling and knocking on their door and breaking their windows;
WHEREAS, Oakland Police Department officers arrested Thomas, but Thomas was released from custody; and
WHEREAS, Tragically, several months after Thomas was released from custody, Thomas murdered Miles Armstead; and
WHEREAS, Plaintiffs claim that Oakland police officers should have done more to protect them from Thomas, and that statements made by a former Oakland police officer who arrested Thomas emboldened Thomas and led to Thomas’s murder of Armstead; and
WHEREAS, Plaintiffs suffered loss of financial support, companionship, and household services, sustained emotional distress, and incurred burial and funeral expenses; and
WHEREAS, Plaintiffs filed United States District Court, Northern District of California Case No. 3:21-CV-05257-LB, against the City of Oakland and others, alleging claims against the City for Negligence, Due Process -State Created Danger, Supervisor and Municipal Liability for Unconstitutional Custom or Policy, Violation of Civil Code §52.1, and Equal Protection; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
WHEREAS, the City admits no wrongdoing or liability; and
3299413v1 2
WHEREAS, the parties and their legal counsel have negotiated a fair and reasonable settlement of these claims; now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Melina Armstead et al. v. County of Alameda, City of Oakland, et al., United States District Court Case No. 3:21 -05257-LB, City Attorney’s File No. 342385, for the sum of Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000.00); 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