File #: 12743    Version: 0 Name: White v Barham lawsuit.
Type: Resolution Status: Passed
File created: 5/24/1999 In control: Clerk of the County Legislature
On agenda: Final action: 5/24/1999
Title: A RESOLUTION authorizing the Jackson County Counselor to settle the lawsuit styled Kenneth A. White v Alfred Ray Barham, et al., Case No. 98-0596-CV-W-4, now pending in the U.S. District Court for the Western District of Missouri, for a total payment of $20,000.00.
Sponsors: Victor E. Callahan
Indexes: DISTRICT COURT
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI Title A RESOLUTION authorizing the Jackson County Counselor to settle the lawsuit styled Kenneth A. White v Alfred Ray Barham, et al., Case No. 98-0596-CV-W-4, now pending in the U.S. District Court for the Western District of Missouri, for a total payment of $20,000.00. Intro RESOLUTION # 12743, May 24, 1999 INTRODUCED BY Victor E. Callahan, County Legislator Body WHEREAS, there is now pending in the U.S. District Court of the Western District of Missouri, the case of Kenneth A. White v Alfred Ray Barham, et al., Case No. 98-0596-CV-W-4, wherein the plaintiff has alleged claims of false arrest, excessive force, assault, battery, malicious prosecution and negligence against the County and/or employees of the County in regard to his arrest for driving while intoxicated; and, WHEREAS, the Jackson County Counselor has recommended that it is in the best interest of the health, welfare, and safety of the citizens of Jackson County that all of the plaintiff's claims be settled for the payment of $20,000.00 to plaintiff, as more specifically explained and detailed to the Jackson County Legislature by the County Counselor in closed session related to this litigation; now therefore, BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Counselor be, and hereby is, authorized to settle the case of Kenneth A. White v Alfred Ray Barham, et al., Case No. 98-0596-CV-W-4, now pending in the U.S. District Court for the Western District of Missouri, for a total payment of $20,000.00, in full, final, and complete release of Jackson County and all of its employees, officers, agents, and servants; and, BE IT FURTHER RESOLVED that the County Counselor be and hereby is authorized to execute any and all documents necessary to effect this settlement; and, BE IT FURTHER RESOLVED that the Director of the Division of Finance is authorized to issue a check of Jackson County, Missouri, in the total amount of $20,000.00 to plaintiff and his attorney pursuant to instructions of the Jackson County Counselor...Attorney Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature. APPROVED AS TO FORM: __________________________ ____________________________________ County Counselor Certificate of Passage I hereby certify that the attached resolution, Resolution #12743 of May 24, 1999, was duly passed on ___________May 24_______________, 1999 by the Jackson County Legislature. The votes thereon were as follows: Yeas ________8_________ Nays _______0______ Abstaining _____0________ Absent ______1_______ ______________________ ____________________________________ Date Mary Jo Brogoto, Clerk of Legislature Fiscal Note Funds sufficient for this expenditure are available from the source indicated below. ACCOUNT NUMBER: 060-5160-6380 ACCOUNT TITLE: Self Insurance Fund Non Departmental Uninsured Claims NOT TO EXCEED: $20,000.00 Date Director of the Department of Finance