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TO: Mayor Thomas J. Weisner
FROM: Alayne M. Weingartz, Corporation Counsel
DATE: February 5, 2016
SUBJECT:
A Resolution Approving the Release and Settlement Agreement in the case of Jonathan Grayson v. the City of Aurora et al.
PURPOSE:
To conclude this pending legal matter.
BACKGROUND:
On March 5, 2013 Grayson filed a lawsuit in United States District Court due to having been incarcerated for eleven years and then ultimately found innocent of the charges he had been convicted of. Grayson alleged that various misconduct on the part of City of Aurora police department employees was the cause of his incarceration, and sought damages therefor from the City. The City and the officers involved deny any wrongdoing whatsoever in the matter.
DISCUSSION:
Grayson originally demanded over 6 million dollars to settle the case when it was filed. The attorneys for the officers and for the City, have since conducted extensive investigation and research into all aspects of the case, conducting depositions and seeking outside expert opinions. In addition to researching and evaluating the facts of the case itself, since 2013 the attorneys have been closely monitoring the law as to the way these types of cases have been viewed for insurance claim purposes. Unfortunately, there has been a sea change in this area of the law, which we have found will leave the City without insurance coverage for any damages/attorney fees which might be ordered to be paid as a result of a trial in this case. Therefore, in reviewing all of the facts discovered and taking into consideration the lack of insurance coverage, as well as the expense of going to trial, we have negotiated a full release and settlement of this case in the total amount of three million dollars, to be paid as follows: 1)$2,650,000.00 to Jonathan Grayson, and 2)$350,000.00 to the attorneys for Grayson as legal fees. This release and settlement applies to any and all claims, known or unknown, and specifically provides that the City admits no liability or wrongdoing.
IMPACT STATEMENT:
The City has the funds to pay this settlement amount through the property and casualty insurance fund.
RECOMMENDATIONS:
I recommend that the Council approve this Release and Settlement Agreement.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Approving the Release and Settlement Agreement in the case of Jonathan Grayson v the City of Aurora et al.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, On March 5, 2013 Jonathan Grayson filed a lawsuit in the United States District Court against the City of Aurora and certain police officers; and
WHEREAS, after thorough investigation and advice of counsel, and admitting no liability or wrongdoing whatsoever, the City Council deems it advisable to settle all claims with Grayson through the attached Release and Settlement Agreement; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the attached Release and Settlement Agreement in the case of Jonathan Grayson v. The City of Aurora et al is hereby approved.