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11-010
Approved:
TITLE:
, RESOLUTION AUTHORIZING SETTLEMENT OF
THE LAWSUIT OF ALTORIE WHELER AGAINST
THE CITY OF JERSEY CITY
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 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:
...
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
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.