December 5, 2023
City Attorney's Office
DATE: December 5, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon L. Moore, Chief Assistant City Attorney
Subject:
Approval of settlement agreement in Jose Sotelo v. City of Richmond, et al
FINANCIAL IMPACT: Account string 50182316- 400553
PREVIOUS COUNCIL
ACTION:
Closed session discussion November 7, 2023
STATEMENT OF THE
ISSUE:
To resolve a pending police federal civil rights lawsuit, the City Attorney’s Office is requesting final approval of a settlement agreement in Jose Sotelo v. City of Richmond, et al.
RECOMMENDED ACTION:
APPROVE the proposed settlement agreement in Jose
Sotelo v. City of Richmond, et al. for a total settlement amount of $105,000 – City Attorney’s Office (Dave
Aleshire 510-620-6509).
DISCUSSION:
On October 25, 2022, Plaintiff filed a lawsuit against the City of Richmond and former Richmond Officer Eric Smith and current Richmond Police Officer Karel Marecek entitled Sotelo v. City of Richmond, et al , in the United States District Court Case No. 3:22 -cv- AGENDA
REPORT
December 5, 2023
06475, alleging three claims for relief, brought under the federal civil rights statute (42 USC § 1983) and state law tort and civil rights claims against the City and Richmond Police Officers Karel Marecek and Smith. Officer Karel Marecek has been dismissed from the lawsuit. The City assumed and has maintained the defense of Smith pursuant to Government Code section 995, and has authority to settle on his behalf.
The parties participated in a federal settlement conference before Magistrate Judge Ryu on October 23, 2023, and reached a tentative settlement (contingent on Council approval) of $105,000 to resolve all claims against the City, the officer defendants and any unnamed Richmond police officers relating to the allegations in the lawsuit. The Mayor and City Council provided settlement authority during its November 7, 2023 closed session.
By entering into this Agreement, Defendants make no admission of liability for the claims set forth in the lawsuit. Defendants’ agreement to settle Plaintiff’s disputed claims shall not be construed in any manner as an admission of any liability by Defendants, which has been vigorously disputed liability since the lawsuit was filed.
DOCUMENTS ATTACHED:
Attachment 1 – Proposed Settlement Agreement