passed ordinance 2025-299

*Pay settlement of Van Loo Fiduciary Services LLC as Personal Representative of the Estate of Immanueal Jaquez Clark wrongful death lawsuit for the sum of $3,750,000 involving the Portland Police Bureau

public safety
claim settlement

Department: Risk Management
Service area: City Operations
Introduced by: Mayor Keith Wilson
Status: Passed

Impact statement

Purpose & background

This Ordinance settles a wrongful death lawsuit brought by the Van Loo Fiduciary Services LLC, as personal representative of the Estate of Immanueal Jaquez Clark resulting from an officer involved shooting in southeast Portland.

Financial impacts

This legislation will have no impact on City revenue. Total cost to the City to settle the lawsuit is $3,750,000. 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 an officer involved shooting 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: Van Loo Fiduciary Services LLC, as personal representative of t he Estate of Immanueal Jaquez Clark, through attorneys Jesse Merrithew, J. Ashlee Albies, Maya Rinta, Juan Chavez, Franz Bruggemeier, and Amanda Lamb filed a wrongful death lawsuit against the City resulting from a fatal shooting involving the Portland Police Bureau on November 19, 2022. 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. City Attorney, Risk Management Services, and the Portland Police Bureau recommend the lawsuit be compromised for the total sum of $3,750,000, subject to the claimant providing the City with a release in a form to be approved by the City Attorney. NOW, THEREFORE, the Council directs: The City Administrator is authorized to settle the lawsuit in the amount of $3,750,000. Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this bodily injury lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

12 yea 0 nay