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HomeMy WebLinkAbout90-046O87 RESOLUTION NO. 90-046 REL:mb(10) 4-17-90 2:0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING PAYMENT OF PUNITIVE DAMAGES, IF ANY, IN CONNECTION WITH THE U.S. DISTRICT COURT CASE ENTITLED FREEMAN V. CITY OF SANTA ANA WHEREAS, the City of Santa Ana and various Santa Ana Police officers have been sued in the United States District Court, Case No. SA-88-651 AHS(RWRx), entitled Elba Freeman dba "Red Turtle" vs. City of Santa Ana, et al.; and WHEREAS, the facts involving said lawsuit were discussed in an executive session of the City Council on April 16, 1990, held pursuant to Government Code ~ 54956.9(a); and WHEREAS, the City Council desires to provide for payment by the City of Santa Ana of any exemplary, or punitive damages, that may be assessed against Police Officer defendants Sheer, Messmer, Gales, Barranco, Lodge and former Police Chief Cronkhite as a result of said lawsuit. NOW, THEREFORE, be it resolved that the City Council of the City of Santa Ana finds and determines as follows: 1. That the Santa Ana Police Officer defendants named in the above recitals were acting in the course and scope of their employment at the time of the alleged wrongdoing; 2. At the time of the conduct, said Police Officer defendants acted in good faith, without malice, and in the apparent best interests of the City of Santa Ana; and 3. Payment of any award of exemplary, or punitive damages, that may be awarded by any jury in the above referenced lawsuit O88 RESOLUTION NO. 90- 046 PAGE TWO by the City of Santa Ana would be in City of Santa Ana. ADOPTED this ]6th day of the best interests of the ^pri] , 1990. ATTEST: ~'~ie'l H. Y~u~n Mayor U ice C. Guy / ~ Clerk of the Council---/ COUNCILMEMBERS: You ng Aye Acosta Aye Griset ^,ye May Aye McGuigan Aye Norton A.ye Pulido APPROVED AS TO FORM: Edwar~[-"J. C~.~per City Attorney