passed ordinance 2025-190

*Pay settlement of Joseph Johnson civil rights lawsuit for the sum of $100,000 involving the Portland Police Bureau

public safety
equity
claim settlement

Department: Risk Management
Introduced by: Mayor Keith Wilson
Status: Passed

Impact statement

Purpose & background

This Ordinance settles a civil rights lawsuit brought by Joseph Johnson, arising from an encounter with Portland Police officers.

Financial impacts

This legislation will have no impact on City revenue. Total cost to the City to settle the lawsuit is $100,000. The source of funding is the City’s Insurance and Claims Fund. All cost of the settlement is in the current fiscal year. This Ordinance does not amend the budget.

Economic impacts

Not applicable

Community impacts

This Ordinance settles a lawsuit resulting from alleged civil rights violations involving the Portland Police Bureau. No public involvement or input was sought regarding this Ordinance. The City Attorney’s Office and Risk Management have concluded that it is not appropriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City. No future public involvement is anticipated or necessary. Approval by City Council of this Ordinance will fully settle a tort claim against the City of Portland.

▸ Full text (the legislation as adopted)

The City of Portland ordains. Section 1. The Council finds: Joseph Johnson, through attorney Apolinar Montero-Sánchez, has filed a civil rights lawsuit against the City and several PPB officers arising from an encounter with Portland Police officers on March 25, 2023. In the lawsuit, he asserts claims for unreasonable search and seizure in violation of his Fourth Amendment rights, false arrest in violation of his Fourth Amendment rights, common law false arrest, and battery. The lawsuit has been investigated by Risk Management Services. The investigation indicates there is risk the City may be found liable. Therefore, in order to avoid the risk of an adverse jury award, it is prudent to compromise the lawsuit at this time. Risk Management Services and the Portland Police Bureau recommend the lawsuit be compromised for the total sum of $100,000, subject to the claimant providing the City with a release in a form approved by the City Attorney. NOW, THEREFORE, the Council directs: The City Administrator is authorized to settle the lawsuit in the amount of $100,000. Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this civil rights lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

10 yea 1 nay 1 other