| | | | | | | |  |
CITY OF HOUSTON - CITY COUNCIL
Meeting Date: 10/18/2022
Item Creation Date:
LGL Pean RCA
Agenda Item#: 26.
| |
|
| | | | | | | | Summary:
ORDINANCE approving and authorizing the execution of a Compromise, Settlement, Release and Indemnification Agreement between ALAN PEAN v. IASIS Healthcare Corporation, SJ Medical Center LLC doing business as St. Joseph Medical Center, Criterion Health Care Security, Inc, City of Houston, Roggie Law, Oscar Ortega, Steven Murdock, and Don Egdorf to settle a lawsuit - $902,500.00 - Property & Casualty Fund |
| | | | | | | | Background:
Recommendation:
Approve an ordinance authorizing settlement and release between the City of Houston and Alan Pean in Cause No. 2016-43519; Alan Pean v. IASIS Healthcare Corporation, SJ Medical Center LLC doing business as St. Joseph Medical Center, Criterion Health Care Security, Inc., City of Houston, Roggie Law, Oscar Ortega, Steven Murdock, and Don Egdorf; In the 127th Judicial District Court of Harris County, Texas.
Specific Explanation:
On August 26, 2015, Plaintiff Alan Pean drove from his apartment to the St. Joseph’s Hospital located at 1401 St. Joseph Parkway where he crashed into several parked and unoccupied cars and was subsequently admitted to the hospital. The next day when hospital staff observed Mr. Pean acting bizarrely, they called security. Two HPD officers, Officers Oscar Ortega and Roggie Law, working approved extra jobs as security at the hospital, were sent to Mr. Pean’s room. After entering Mr. Pean’s room, a disputed altercation ensued, and Officer Ortega sustained some injury. Officer Law tasered Mr. Pean, and Officer Ortega shot Mr. Pean once. Mr. Pean survived and was later discharged. Mr. Pean was criminally charged with assaulting the officers, and the grand jury no billed him. Mr. Pean sued the City of Houston alleging municipal liability for unconstitutional policies and practices, Officers Ortega and Law alleging excessive force, and Sergeant Steve Murdock and Officer Don Egdorf alleging malicious prosecution and fabrication of evidence. As a result of the appellate process, including appeals to the Texas Supreme Court, Sergeant Murdock and Officer Egdorf were dismissed from the lawsuit. All other claims remained against the City and Officers Ortega and Law. Mr. Pean is claiming damages including past medical expenses, life-long medical care, diminished ability to perform certain daily activities, attorney fees and costs, and other related damages.
Fiscal Note:
Funding for this item is included in the FY2023 Adopted Budget. Therefore, no Fiscal Note is required as stated in the Financial Policies.
|
Estimated Spend Authority
|
|
Department
|
Current FY
|
Out Years
|
TOTAL
|
|
Legal
|
$902,500.00
|
$0
|
$902,500.00
|
________________________________
Arturo G. Michel, City Attorney |
| | | | | | | | Amount and Source of Funding:
$902,500.00
Property and Casualty Fund
Fund 1004 |
| | | | | | | | Contact Information:
Bradley Morefield, Sr. Assistant City Attorney, Torts & Civil Rights Section
Legal Department, Phone Number: 832.393.6320
Kelly Dempsey, Section Chief, Torts & Civil Rights Section
Legal Department, Phone Number: 832.393.6450 |
|