Title
Resolution to Authorize Settlement of Proposed Class Action Lawsuit Entitled Sean Yannotti v. City of Ann Arbor, United States District Court Case No. 22-cv-12147
Staff
Prepared by: Jennifer Richards, Assistant City Attorney
Reviewed by: Atleen Kaur, City Attorney
Body
Whereas, on September 10, 2022, Plaintiff Sean Yannotti, the named Plaintiff, filed a proposed class action lawsuit in federal court alleging that the City violated the Fourth Amendment to the U.S. Constitution by chalking his car tire on April 6, 2019 to enforce its parking ordinances;
Whereas, on April 22, 2019, sixteen days after Plaintiff's tire was chalked, the Sixth Circuit Court of Appeals in Taylor v. City of Saginaw, 922 F.3d 328, 333 (6th Cir. 2019) held that tire chalking is a search and thus, requires either a search warrant or an applicable exception to the Fourth Amendment's search warrant requirement;
Whereas, the City immediately stopped tire-chalking on April 23, 2019 in response to the Taylor decision;
Whereas, After service of this proposed class action lawsuit, the City denied the allegations in the complaint and engaged in discovery;
Whereas, following discovery, the District Court ruled that Plaintiff's damages for the tire chalking is limited to nominal damages of $1.00;
Whereas, to avoid the cost of continued litigation, the parties desire to settle and resolve the proposed class action lawsuit, including the claims of the named Plaintiff and the proposed class, wherein the City will create a settlement claim process for Plaintiff and eligible class members to submit a claim for $1.00 per class member, in exchange for a class action settlement agreement, release of all claims against the City, and dismissal of the lawsuit with prejudice; and
Whereas, The City Attorney's Office has advised City Council on this matter in an attorney-client privileged and confidential legal advice memorandum;
RESOLVED, That City Council authorizes the City Attorney to fully res...
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