COUNCIL AGENDA: 09- 12-2023
FILE: 23-1199
ITEM: 3.3
TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Nora Frimann,
City Attorney
SUBJECT: SETTLEMENT OF NAACP
OF SAN JOSÉ / SILICON
VALLEY, ET AL. v. CITY OF
SAN JOSE, ET AL.
DATE: August 30, 2023
RECOMMENDATION
Approve the settlement in the case NAACP of San José / Silicon Valley, et al. v. City of San José, et al. in the total amount of $2.9 million to plaintiff M. Michael Acosta and authorize the City Attorney to execute a settlement agreement.
Approve the settlement in the case NAACP of San José / Silicon Valley, et al. v. City of San José, et al. in the total amount of $450,000 to Plaintiffs Joseph Maldonado, Mahmoudreza Naemeh, Megan Swift, Joseph Cañas, Leslie Vasquez, Peter Allen, Shaunn Cartwright, Yessica Riles, José Gustavo Flores Rodriguez, Cindy Cuellar, NAACP of San José / Silicon Valley, and San José Peace and Justice Center (the “Plaintiffs”) and authorize the City Attorney to execute a settlement agreement.
OUTCOME
The City will pay the sum of $2.9 million to Mr. Acosta and $450,000 to Plaintiffs, which sums include attorneys’ fees and costs, to settle the lawsuit filed on March 11, 2021 entitled NAACP of San José / Silicon Valley, et al. v. City of San José, et al. in the United States District Court for the Northern District of California, case number 4:21-cv-01705.
BACKGROUND
On May 29, 2020, San Jose police officers responded to a protest in downtown San Jose, which they then declared to be an unlawful assembly after protestors assaulted drivers on the freeway, vandalized property, and threw objects at officers, causing injuries. San Jose police officers also declared an unlawful assembly on May 30, 2020 in downtown San Jose after protestors threw objects at officers, causing injuries. Plaintiffs alleged that they had not engaged in these violent actions towards the officers, but that officers violated their civil rights and caused physical and emotional injuries when they were either hit with projectiles, pushed, or exposed to tear gas during the unlawful assemblies on these two days.
HONORABLE MAYOR AND CITY COUNCIL
August 30, 2023
Subject: Settlement of NAACP of San José / Silicon Valley, et al. v. City of San Jose, et al.
ANALYSIS
This is a negotiated settlement between the parties and will avoid the risks inherent in litigation. The City will pay Mr. Acosta the sum of $2.9 million and Plaintiffs the sum of $450,000 in full satisfaction and settlement of all claims. The entire lawsuit against the City and all City employees will be dismissed with prejudice, including those claims that have previously been dismissed pursuant to trial court decisions. This settlement will also resolve any potential appeals by parties whose claims have previously been dismissed.
The proposed agreements will conclude the litigation without further cost, expense, or risk of loss to the City and City employees. The parties will bear their own respective attorneys’ fees and litigation costs.
PUBLIC OUTREACH/INTEREST
This memorandum and the two Settlement Agreements have been posted on the City’s website for the September 12, 2023 agenda.
COST SUMMARY/IMPLICATIONS
The settlements will be paid from the City’s claims reserve fund.
CEQA
Not applicable. Not a project; PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
By /s/ Nora Frimann
NORA FRIMANN
City Attorney
cc: Jennifer Maguire, City Manager
For questions, please contact NORA FRIMANN, City Attorney, at (408) 535-1900.