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6A.C. - Page 1 <br />REPORT <br />To the Honorable Mayor and City Council <br />From the City Manager <br />July 11, 2011 <br />SUBJECT <br />Claim from Mohammed Esler <br />RECOMMENDATION <br />By motion, reject subject claim. <br />According to resolution no. 15081, if any amount claimed in connection with a general <br />liability claim exceeds $50,000, any denial, allowance, allowance in part, settlement, or <br />compromise must be approved by Council. The amount claimed by the claimant <br />exceeds that limit and therefore its denial must be approved by the City Council. <br />Claimant is alleging loss of liberty, emotional distress and harassment caused by a <br />Redwood City Police Department employee allegedly unlawfully arresting him. Staff <br />recommends the claim be rejected. <br />ALTERNATIVES <br />If this claim is not rejected, the statute of limitations for the claimant to file a court action <br />on the claim is extended from six months to two years, thereby placing the City in a <br />more difficult position in defending this matter. <br />FISCAL IMPACT <br />The rejection of this claim has no direct fiscal impact. However, should the claimant <br />elect to initiate litigation regarding this incident, we have no basis with which to estimate <br />the legal expenses or a settlement, should such estimates ultimately be required. <br />BRIAN PONTY <br />FINANCE DIRECTOR <br />ROBERT B. BELL <br />CITY MANAGER <br />ATTACHMENTS <br />