Item Coversheet
Item #9.

Staff Report: 142-22

TO:

Mayor and City Council




FROM:

Eric Holmes, City Manager




DATE:

10/3/2022








SUBJECT


Proposed Settlement of Lawsuit By Kara Brandon
Key Points
  • Kara Brandon, the biological daughter of William Abbe, filed a lawsuit in 2021 seeking damages related to officer-involved shooting of William Abbe
  • Ms. Brandon and the City participated in mediation on September 13 to determine whether the lawsuit could be settled for an agreed amount.
  • The parties reached an agreement to settle the matter for $725,000, less than 20% of the amount claimed prior to litigation.

Strategic Plan Alignment
N/A
Present Situation

On October 26, 2021, Kara Brandon filed a lawsuit in the United States District Court for the Western District of Washington against the City of Vancouver and three police officers. The lawsuit sought monetary damages from the City for the death of William Abbe, who was shot and killed by VPD officers on April 28, 2020. Ms. Brandon is Mr. Abbe's biological daughter and had been appointed the personal representative of his estate. Prior to filing the lawsuit, she filed a tort claim with the City demanding $5 million.

 

The settlement does not concede any wrongdoing by the involved officers or the department. The three involved officers were all cleared of wrongdoing after an independent review by the Thurston County Prosecuting Attorney's Office. However, both the City and Ms. Brandon agreed that juries can reach different conclusions based on the same evidence.

 

One component of the federal court's scheduling order was a requirement to engage in mediation. The parties did so on September 13, 2022, before mediator Chris Anderson, and reached an agreed resolution that would, subject to City Council approval, require payment by the City to Ms. Brandon in the amount of $725,000 in exchange for dismissal and release of all claims related to the April 28, 2020, incident. This amount is less than 20 percent of the original amount claimed prior to litigation, and is significantly less than what many other jurisdictions have paid to settle similar claims.

 

The terms of the settlement are encompassed in the attached settlement agreement. Ms. Brandon's attorney has agreed to the terms expressed therein.

 

 


Advantage(s)
  • Completely extinguishes the City's and officers' potential liability for the incident, thereby avoiding a potentially much larger verdict.
  • Enables the City and Department to move forward without concern of costly litigation and appeals that would last years.

Disadvantage(s)
  • Precludes a complete defense verdict and finding of no liability by a jury

Budget Impact
Sufficient cash exists in the Risk Fund to fund the cost associated with the proposed settlement. The budget for 2022 will be adjusted in the Fall Supplemental of 2022 to accommodate.
Prior Council Review
The case was discussed in Executive Session on August 8, 2022.
Action Requested

Authorize the City Manager, City Attorney, and/or designees to execute all agreements and documentation to resolve the lawsuit and claim brought by Kara Brandon for the terms expressed in the attached settlement agreement.

 

Dan Lloyd, Assistant City Attorney III, 360-487-8500

 


ATTACHMENTS:
Description
Settlement Agreement (unsigned)