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O87 <br /> <br />RESOLUTION NO. 90-046 <br /> <br />REL:mb(10) <br />4-17-90 <br /> <br />2:0. <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA AUTHORIZING <br />PAYMENT OF PUNITIVE DAMAGES, IF ANY, <br />IN CONNECTION WITH THE U.S. DISTRICT <br />COURT CASE ENTITLED FREEMAN V. CITY <br />OF SANTA ANA <br /> <br /> WHEREAS, the City of Santa Ana and various Santa Ana <br />Police officers have been sued in the United States District <br />Court, Case No. SA-88-651 AHS(RWRx), entitled Elba Freeman dba <br />"Red Turtle" vs. City of Santa Ana, et al.; and <br /> <br /> WHEREAS, the facts involving said lawsuit were <br />discussed in an executive session of the City Council on April <br />16, 1990, held pursuant to Government Code ~ 54956.9(a); and <br /> <br /> WHEREAS, the City Council desires to provide for <br />payment by the City of Santa Ana of any exemplary, or punitive <br />damages, that may be assessed against Police Officer defendants <br />Sheer, Messmer, Gales, Barranco, Lodge and former Police Chief <br />Cronkhite as a result of said lawsuit. <br /> <br /> NOW, THEREFORE, be it resolved that the City Council <br />of the City of Santa Ana finds and determines as follows: <br /> <br /> 1. That the Santa Ana Police Officer defendants named in <br />the above recitals were acting in the course and scope of their <br />employment at the time of the alleged wrongdoing; <br /> <br /> 2. At the time of the conduct, said Police Officer <br />defendants acted in good faith, without malice, and in the <br />apparent best interests of the City of Santa Ana; and <br /> <br /> 3. Payment of any award of exemplary, or punitive damages, <br />that may be awarded by any jury in the above referenced lawsuit <br /> <br /> <br />