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CITY OF OAKLAND
ONE F R A N K H. O G A W A P L A Z A • 6 TH F L O O R • O A K L A N D , C A L I F O R N I A 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
October 3, 2023
HONORABLE CITY COUNCIL
Oakland, California
Subject: 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 File No. 34385
(Oakland Police Department- Wrongful Death)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above -entitled lawsuit for the sum of Four Hundred and Fifty Thousand Dollars and Zero Cents ($450,000.00), payable to Plaintiffs Melina Armstead, et al. through the law firm of Pointer & Buelna LLP.
Plaintiffs Melina Armstead, individually and as the personal representative of the Estate of Miles Armstead, A.A., and I.L. allege that for several months Defendant Jamal Thomas (“Thomas”) harassed the Armstead family, yelling and knocking on their door and breaking their windows. Oakland Police Department officers arrested Thomas, but Thomas was released from custody. Tragically, several months after Thomas was released from custody, Thomas murdered Miles Armstead. Plaintiffs claim that Oakland police of ficers should have done more to protect them from Thomas, and that statements made by the former Oakland police officer who arrested Thomas emboldened Thomas and led to Thomas’s murder of Armstead.
Plaintiffs allegedly suffered loss of financial support , companionship , and household services, sustained emotional distress, and incurred funeral and burial expenses. The City has determined that settlement in the amount of $450,000.00, without admitting liability and to avoid further litigation, is in the City’s best interest.
The City Council authorized settlement of this case in closed session on Thursday, September 21, 2023 (moved by Councilmember Rebecca Kaplan and seconded by Councilmember Treva Reid - 5 Ayes and 3 Absent – Councilmembers Noel Gallo, Kevin Jenkins, and Dan Kalb).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney
Courtney O’Brien