RESOLUTION No. 36218

Authorize City Attorney to obtain judicial review of the Order granting, in part, judgment as a matter of law and granting a new trial in Carol A. Marsall et al., v. City of Portland et al., United States District Court No. CV-01-1014-ST. (Resolution).

WHEREAS,  The City and seven of its police officers were named defendants in a case entitled Carol A. Marsall et al., v. City of Portland et al., United States District Court No. CV-01-1014-ST; and

WHEREAS,  The case proceeded to a jury trial, at the end of which the jury returned a verdict in favor of all defendants; and

WHEREAS,  The United States District Court for the District of Oregon granted plaintiffs’ post-trial motions, in part, by ordering partial judgment as a matter of law in favor of plaintiffs and ordering a new trial; and

WHEREAS,  A new trial would entail a waste of scarce public resources and would be emotionally difficult for the individual defendants; and

WHEREAS,  The City Attorney has advised that there is a legitimate basis to challenge the District Court’s order on the post-trial motions;

NOW, THEREFORE, BE IT RESOLVED that the City Attorney or her designee is authorized to pursue any and all legal means available to obtain review in the United States Court of Appeals for the Ninth Circuit, and to pursue them to their conclusions in any higher court, of the Order granting, in part, judgment as a matter of law and granting a new trial in Carol A. Marsall et al., v. City of Portland et al., United States District Court No. CV-01-1014-ST, and, in furtherance or resolution thereof, is authorized to make any stipulation, agreement or admission as in her judgment may be in the best interest of the City and of the individually named defendants.

Mayor Katz

Harry Auerbach:ha

May 20, 2004

BACKING SHEET INFORMATION

AGENDA NO. 571-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36218