TO: Mayor and City Council
THROUGH: Krishna Namburi, Acting City Manager
FROM: Dan Atchison, City Attorney
SUBJECT:
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Claim Settlement Authorization in the matter of Castillo v. Bush and City of Salem
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Good Governance
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SUMMARY:
summary
A lawsuit is currently pending regarding a fatal police shooting, Misty L. Castillo, as Personal Representative of the Estate of Arcadio Castillo, III v. Nathan Bush and City of Salem. Through settlement negotiations, the City has agreed to resolve all claims associated with the lawsuit in consideration of a payment of $850,000.00.
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ISSUE:
Shall the City Council authorize the City Manager to resolve a lawsuit brought by Personal Representative Misty L. Castillo on behalf of the estate of Arcadio Castillo, III in an amount not to exceed $850,000.00.
RECOMMENDATION:
recommendation
Authorize the City Manager to resolve a lawsuit brought by Personal Representative Misty L. Castillo on behalf of the estate of Arcadio Castillo, III in an amount not to exceed $850,000.00.
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FACTS AND FINDINGS:
The claim relates to a fatal police shooting involving Arcadio Castillo, III that occurred on July 9, 2021. Under the terms of the settlement, the City does not admit fault, however, to avoid the cost of litigation, the proposed settlement, which constitutes a full and final settlement of all claims related to this incident, will resolve this claim. The City Attorney and Risk Manager recommend to the City Council to authorize the City Manager to settle this matter and issue payment as outlined.
Payment of $681,550.05 will be made from the City’s self-insurance claim fund. Payment of $168,449.95 will be made by the City’s excess insurance carrier.
BACKGROUND:
Gail Freeman
Risk Manager
Attachments: