title
J.B. v. City of Gainesville (NB)
recommendation
The City Commission 1) approve the terms of the negotiated settlement; and 2) authorize the City Attorney to settle the claim of J.B.
explanation
On February 10, 2014, the City of Gainesville received a notice of claim from Attorney Robert Rush on behalf of J.B., alleging battery, sexual battery, and civil rights violations by former GPD Officer Steven Carter and alleging negligent hiring and retention by the City of Gainesville.
Pursuant to an internal affairs investigation, allegations against former Officer Carter were sustained as to battery and sexual battery on J.B. The City entered into a pre-suit mediation on the claims and reached a recommended settlement in the amount of $125,000.00. It is the recommendation of the City Attorney's Office, the Risk Management Director, the City Manager and the Chief of Police that the matter be settled in this amount.
To address the deficiencies that led to City liability in this case, the City Attorney's Office has met with City Commissioners and City Management staff, including the City Manager, Chief of Police and Human Resources Director to develop an action plan to prevent future liability and police misconduct of this nature. City Management will keep the City Commission informed as to timely implementation of the action plan.
Fiscal Impact
Funds are available in the City's General Insurance Fund.