COUNCIL AGENDA: 6/17/2025
FILE: 25-775
ITEM: 3.9
TO
: HONORABLE MAYOR
AND CITY COUNCIL
FROM: NORA FRIMANN,
City Attorney
SUBJECT: TOVAR v. CITY OF SAN JOSE,
ET. AL. – SETTLEMENT
DATE: June 17, 2025
RECOMMENDAT
ION
Approve a settlement in the case of Tovar v. City of San Jose, et. al., U.S. Dist. Ct., N.D. Cal., case no 5:21-cv-02497, in the amount of $1,000,000.00 and authorize the City Attorney to execute a Settlement Agreement.
OUTCOME
Settle the lawsuit brought by five Plaintiffs with payments by the City totaling $1,000,000.00, which amount includes payments to fund the purchase of annuities to facilitate future periodic payments, and each side to bear their own costs, including attorneys’ fees.
BACKGROUND
Plaintiffs are Mr. Tovar’s father and four minor children. They asserted claims arising from the use of force by San Jose police on J
anuary 21, 2021, while executing a
warrant for Mr. Tovar’s arrest. He was the suspect in three different shootings. Officers located Mr. Tovar at an apartment complex after he had evaded apprehension multiple times. When he saw the officers, Mr. Tovar attempted to escape and ran along a second-floor outdoor walkway. Acting on an informant’s tip that Mr. Tovar was armed and prepared to shoot police officers, when he reached for his waistband as he ran, officers fired multiple rounds, and he fell. To ensure he was not a continued threat, officers then released a police canine that bit and held him for two minutes until officers secured him. Mr. Tovar died from the gunshots. No weapon was found on his person.
The Federal District Court issued a pre-trial ruling finding the use of the canine was excessive force as a matter of law in this case.
ANALYSIS
This is a negotiated settlement be
tween the parties to avoid the risks inherent in
litigation. The proposed agreement will conclude the litigation without further cost, expense, exposure to attorneys’ fees, or risk of loss to the City or City employees.
HONORABLE MAYOR AND CITY COUNCIL
June 13, 2025
Subject: Settlement of Tovar v. City of San Jose
L-32453-16/2218017
T-42879 / 2218017
PUBLIC OUTREACH/INTEREST
This memorandum and the Settlement Agreement have been posted on the City’s website for the June 17, 2025 agenda.
COST SUMMARY/IMPLICATIONS
The settlement will be paid from the City’s claims reserve fund.
CEQA
Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
By_______/s/_________________
NORA FRIMANN
City Attorney
cc: Jennifer Maguire, City Manager
For questions, please contact NORA FRIMANN, City Attorney, at (408) 535-1900