On or about April 18, 2018, Plaintiff Jose Gomez filed his lawsuit entitled Jose Gomez v. City of Houston, Texas; Jacob B. Simmerman, Individually; Ron Kloeppel, Individually; and Christopher E. Heaven, Individually, Civil Action No.: 4:18-cv-01224 in the United States District Court for the Southern District of Texas, Houston Division (“Lawsuit”). Gomez alleged Simmerman, Kloeppel, and Heaven used excessive force effecting a traffic stop, physically injuring him, and violating his civil rights. Gomez further alleged the City had a practice of allowing excessive force.
The district court granted summary judgment in favor of the City and Kloeppel and dismissed Plaintiff’s claims against the City and Kloeppel as a matter of law before trial. The court further granted partial summary judgment for Simmerman and Heaven, but denied qualified immunity on Gomez’s federal excessive force claim and his state law assault claim
On or about June 28, 2021, the Lawsuit against Simmerman and Heaven went to trial before a jury, which awarded Plaintiff $537,500.00 in compensatory damages for use of force in violation of federal law and the identical amount of $537,500.00 in compensatory damages for assault in violation of state law, for a total of $1,075,000.00 in compensatory damages against Simmerman and Heaven. The district court entered judgment on the verdict.
Simmerman and Heaven appealed the judgment, and Gomez appealed the dismissal of the City and Kloeppel and the partial dismissal of claims against Simmerman and Heaven. The matter is currently on appeal as No. 21-20415 in the United States Court of Appeals for the Fifth Circuit.
The parties participated in mediation on appeal. The City Attorney recommends that City Council adopt an ordinance approving and authorizing the compromise, settlement and release and Plaintiff’s claims against Simmerman, Heaven, Kloeppel, and the City by issuing a check to Jose Gomez and his attorney, Randall L. Kallinen of Kallinen Law PLLC, in the amount of $450,000.00.
Fiscal Note:
Funding for this item is included in the FY23 Adopted Budget. Therefore, no Fiscal Note is required as stated in the Financial Policies.
|
Estimated Spending Authority
|
|
Department
|
Current FY
|
Out Year
|
Total
|
|
Legal
|
$450,000
|
$0
|
$450,000
|
____________________________
Arturo G. Michel, City Attorney