COUNCIL AGENDA: 03/25/2025
FILE: 25-323
ITEM: 3.6
TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: NORA FRIMANN,
City Attorney
SUBJECT: PAREDES v. CITY OF SAN
JOSE, ET. AL. – SETTLEMENT
DATE: March 19, 2025
RECO
MMENDATION
Appr
ove a settlement in the case of Paredes v. City of San Jose, et. al., U.S. Dist. Ct., N.D. Cal., case no 5:22-cv-00758, in the amount of $1,600,000.00 and authorize the City Attorney to execute a Settlement Agreement.
OUT
COME
Sett
le the lawsuit brought by Plaintiff Anthony Paredes with a payment by the City of $1,600,000.00, each side to bear their own costs, including attorneys’ fees.
BACKGRO
UND
Thi
s lawsuit arises from the use of a police canine to apprehend Plaintiff in response to a reported theft of liquor at a supermarket. The Plaintiff fled into the yards of nearby residences pursued by police officers with a police canine and helicopter surveillance.
The Plaintiff was located when the canine alerted on a garbage can where Plaintiff was hiding. When officers tipped over the garbage can, the canine bit and held Plaintiff’s throat and did not disengage in response to verbal commands or the e-collar, a device that administers an electric impulse to a dog’s neck to modify behavior. The handling officer was unable to disengage his canine from the Plaintiff’s throat for approximately 60 seconds. Upon apprehension, officers discovered that Plaintiff was unarmed.
Plaintiff alleged serious injuries to his face, head, and neck as a result of the incident.
ANALY
SIS
Thi
s is a negotiated settlement between the parties to avoid the risks inherent in litigation. The proposed agreement will conclude the litigation without further cost, expense, or risk of loss to the City or City employees.
HONORABLE MAYOR AND CITY COUNCIL
March 20, 2025
Subject: Settlement of Paredes v. City of San Jose
L-32453-16/2192580
PUBLIC OUTREACH/INTEREST
T
his memorandum and the Settlement Agreement have been posted on the City’s website for the March 25, 2025 agenda.
CO
ST SUMMARY/IMPLICATIONS
T
he settlement will be paid from the City’s claims reserve fund.
CE
QA
N
ot a Project; File No. 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
F
or questions, please contact NORA FRIMANN, City Attorney, at (408) 535-1900