City Clerk File No. Res.

11-010

Agenda No. 10.1

Approved:

TITLE:
, RESOLUTION AUTHORIZING SETTLEMENT OF
THE LAWSUIT OF ALTORIE WHELER AGAINST
THE CITY OF JERSEY CITY

COUNCIL OFFERED AND MOVED ADOP-

TION OF THE FOLLOWING RESOLUTION:

WHEREAS, on September 13, 2006 two Jersey City Police Officers were working in the
area of the Putnam Gas Station on ToneIIe A venue in Jersey City; and

WHEREAS, the offcers were assigned to work in plain clothes and utilized an unarked
automobile; and ,.

WHEREAS, the offcers observed a parked vehicle with a fictitious temporar registration affxed
to the windshield and decided to investigate; and

WHEREAS, the driver of the parked vehicle, the plaintiff in this case, started his vehiCle, put it in
gear, drove forward and strck the unmarked poliCe vehicle, and

WHEREAS after striking the police vehicle the plaintiff continued to accelerate pushing the
unmarked 'police vehicle rearward with the plaintiff s vehicle; and

WHEREAS the driver of the police vehicle, partally outside of the vehicle feared for his life and
fired seven rounds from his service weapon through the windshield of the plaintiff s vehicle, striking
the driver multiple times; and

WHEREAS the plaintiff was arested and charged with and indicted for two counts of attempted
murder of a police offcer along with other serious charges; and

WHEREAS after being incarcerated for approximately eighteen months

in the Hudson County Jail,
the plaintiff was brought before a Judge of the Superior Court of New Jersey; and

WHEREAS the Hudson County Prosecutor dismissed all the charges in the indictment and amended
the charge to a violation of a disorderly person's offense of resisting arest; and

WHEREAS the disorderly person's offense to which the plaintiff plead guilty in court had a
maximum penalty of six months in jail; and

WHEREAS the plaintiff thereafter retained an attorney and fied a lawsuit in the United Stat,es
District Court for the pistrict Court of New Jersey alleging that his Coristitutional Rights had ben
violated by the use of excessive force together with other Constitutional violations; and

WHEREAS the potential exposure to the City of Jersey City for damages and attorney's fees if the
, plaintiff were successful at trial would far exceed the amount of this settlement; and

WHEREAS extensive and numerous Settlement Conferences have been conducted by the
court in
an effort to resolve this lawsuit; and

WHEREAS the Corporation Counsel recommends that the settlement of this case in the amount of
$165,000.00 be approved; and

WHEREAS the funds for the settlement are available in the City of Jersey City Insurance Fund; and

WHEREAS the plaintiff has signed a full and comprehensive release of all claims against the City
and the police offcers named in the Complaint;

NOW THEREFORE, B.E IT RESOLVED by the Municipal Couucil of the City of Jersey City
that:
 Continuation of Resolution Pg.# 2
. City Clerk File' No. Res. ii:-OlÙ
Agenda No. .10.1

TITLE:
...

RESOLUTION AUTHORIZING SETTLEMENT OF

THE LA WSUITOF AL TORtE WHELER AGAINST
THE CITY OF JERSEY CITY

1. The Corporation Counsel be authorized to settle this lawsuit for the sum of$165,OOO.OO;

2. The Jersey City Insurance Fund Commission be authorized to issue'a check for $165,000.00
payable to Altorie Wheeler and his attòrney Nathaiiel Davis.

I certify' that funds for this expenditure are available iit the City of Jersey C'ty Insurance Fund
Commission Account.

MDIk

APPROVED: . APPROVED AS TO LEGAL FORM

..
APPROVED:
i~un~;
Certification Required D

NOt Required D
, APPROVED

COUNCILPERSON AYE
RECORD OF COUNCIL VOTE ON FINAL PASSAGE l/lVll.
NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.
SOTTOLANO. GAUGHAN FLOOD
DONNELLY FULOP
v ElAZOUEZ
LOPEZ RICHARDSON BRENNAN, PRES
,l Indicates Vote N.V.-Not Voting (Abstain)
Adopted at a meeting of the Municipal Council of the'City of Jersey City N.J.

Peter M. Brennan, President of Council. Robert Byrne, City Clerk.