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 SAMUEL
MELTON V. CITY OF OAKLAND, KALEO ALBINO, DARREN
ALLISON, AND DOES 1-5, U.S. DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA CASE NO. 3:24-CV-07783-JCS, CITY ATTORNEY FILE NO. 37117, IN THE AMOUNT OF EIGHTY
THOUSAND DOLLARS AND ZERO CENTS ($80,000.00) (OAKLAND
POLICE DEPARTMENT – PROPERTY CONFISCATION)
WHEREAS, Plaintiff Samuel R. Melton (“Melton”) alleges that on January 3, 2024, the Oakland Police Department (“OPD”) hauled and disposed of Melton’s boat without notice and due process; and
WHEREAS, Melton’s boat was anchored in the Oakland Estuary for a lengthy period of time, and appeared to be inoperable and/or abandoned. OPD provided a notice for abatement and subsequently hauled and destroyed the boat; and
WHEREAS, Melton claims the boat was operable and not abandoned, and that the notice to abate that OPD provided was confusing and not compliant with governing law; and WHEREAS, Melton claims as damages the value of the boat, personal effects, emotional distress, and attorneys’ fees and costs; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in the case and determined to pay $80,000.00 to settle Melton’s claims, without admitting any wrongdoing or liability; now, therefore, be it
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2 RESOLVED: that the City Attorney is authorized and directed to compromise and settle Samuel Melton v. City of Oakland, et al., U.S. District Court for the Northern District of California Case No. 3:24-CV-07783-JCS, City Attorney File No. 37117, for the sum of $80,000.00; and be it
FURTHER RESOLVED: that the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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