title
CHERON HAMPTON-BATES, PERSONALLY AND AS NATURAL GUARDIAN OF BRYCE BATES, A MINOR V. THE CITY OF GAINESVILLE, FLORIDA, A MUNICIPAL CORPORATION, AND CPL. TIMOTHY DURST, IN HIS INDIVIDUAL CAPACITY, COURT CASE NO. 1:12-CV-00174-MP-GRJ
recommendation
The City Commission 1) approve the terms of the negotiated settlement; and 2) authorize the City Attorney to settle the claims of Cheron Hampton-Bates and Bryce Bates resulting from an incident that occurred on June 16, 2010.
explanation
On June 16, 2010, at approximately 3:30 in the afternoon, Corporal Timothy Durst, a canine officer with the Gainesville Police Department, responded to a reported burglary in progress. The suspects were described as two teenage Hispanic males and a teenage Hispanic female.
Corporal Durst drove into an apartment complex behind the scene of the reported burglary, and observed an individual on a bicycle appearing to flee away from him. Bryce Bates, a 10-year old, African-American male, was riding his bicycle to the mailbox at his mother's request when Corporal Durst arrived at the scene. Bates turned away from the police vehicle, fell to the ground and ran in the opposite direction of Corporal Durst, toward his home. Corporal Durst called for Bates to stop, Bates continued to run, and Corporal Durst released his canine. Corporal Durst acted under the suspicion that Bates was one of the reported burglars. The police dog chased Bates to the door of his apartment, caught him and bit him. On the other side of the screen door, Bates' mother watched helplessly as the dog pinned Bates against the door. Both Bates and a neighbor would testify that they did not hear Corporal Durst's directions or warnings. Ultimately, there was no evidence connecting Bates to any criminal activity.
Bates and his mother filed suit against the City and Corporal Durst individually. They alleged civil rights and battery counts against the City and false arrest, excessive use of force and infliction of emotional distress against Durst.
The parties attempted to settle the case at various times, including before the suit was actually filed, but were unsuccessful. The case proceeded in federal court, depositions were taken, and the matter set for trial. Recently, the parties were able to work out a settlement, subject to the approval of the City Commission. The proposed settlement of $85,000 would pay $50,000 to Bates' mother and father, $10,000 to Bates, and $25,000 to Bates to fund the purchase of a prepaid college fund or otherwise used for Bates' college education. The payment of these amounts would also satisfy the attorney's fees in the case.
While the medical expenses in this case were not significant, Bates and his mother would argue for psychological damages and pain and suffering. In addition, they would be entitled to reasonable attorney's fees in the case if they prevailed. The attorney's fees through trial could exceed the amount of the settlement.
It is the recommendation of the City Attorney's Office, the Risk Management Department and the Chief of Police that the case be settled for this amount.
Fiscal Impact: City's General Insurance Fund and the City's Insurance Carrier.