Item Coversheet

Request for City Commission Action Page



Heading as displayed on the Agenda:
City Attorney's Office - Settlement of Lawsuit - Robert Burck v. City, Fertz Gaspard & Valerie Pittman Case No. 6:22-cv-455-GAP-LHP (pp. 17-21)
Item as displayed on the Agenda:

Resolution authorizing settlement of Burck v. City of Daytona Beach, Gaspard & Pittman, Case No. 6:22-cv-455-GAP-LHP, in the amount of $90,000, payable to Robert Burck and his attorney, John Phillips of the firm of Phillips & Hunt, P.A., in full settlement of Plaintiff's State and Federal claims against the City and the arresting Officers for false arrest, excessive force, and property damage, and challenging the constitutionality of the City's panhandling ordinance. The Plaintiff's claims arise out of the Plaintiff's arrest on March 6, 2021, for panhandling in violation of Section 66-1, City Code, and for resisting arrest without violence on Main Street, during Bikeweek. Funds are available in the Consolidated Insurance Fund.

 

Recommendation: City Attorney recommends adoption of the Resolution.  

ATTACHMENTS:
Description
Agenda Summary
Memorandum
SOF