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192091

Emergency Ordinance

*Pay settlement of Van Loo Fiduciary Services LLC as Personal Representative of the Estate of Immanueal Jaquez Clark wrongful death lawsuit for the sum of $3,750,000 involving the Portland Police Bureau

Passed

The City of Portland ordains.

Section 1. The Council finds:

  1. Van Loo Fiduciary Services LLC, as personal representative of the Estate of Immanueal Jaquez Clark, through attorneys Jesse Merrithew, J. Ashlee Albies, Maya Rinta, Juan Chavez, Franz Bruggemeier, and Amanda Lamb filed a wrongful death lawsuit against the City resulting from a fatal shooting involving the Portland Police Bureau on November 19, 2022.
     
  2. The lawsuit has been investigated by Risk Management Services. The investigation indicates there is risk the City may be found liable.  Therefore, in order to avoid the risk of an adverse jury award, it is prudent to compromise the lawsuit at this time.
     
  3. City Attorney, Risk Management Services, and the Portland Police Bureau recommend the lawsuit be compromised for the total sum of $3,750,000, subject to the claimant providing the City with a release in a form to be approved by the City Attorney. 

NOW, THEREFORE, the Council directs:

  1. The City Administrator is authorized to settle the lawsuit in the amount of $3,750,000. 

Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this bodily injury lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council. 


An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

This Ordinance settles a wrongful death lawsuit brought by the Van Loo Fiduciary Services LLC, as personal representative of the Estate of Immanueal Jaquez Clark resulting from an officer involved shooting in southeast Portland.

Financial and Budgetary Impacts

This legislation will have no impact on City revenue.

Total cost to the City to settle the lawsuit is $3,750,000. The source of funding is the City’s Insurance and Claims Fund.  All cost of the settlement is in the current fiscal year.  This Ordinance does not amend the budget. 

Economic and Real Estate Development Impacts

Not applicable.

Community Impacts and Community Involvement

This Ordinance settles a lawsuit resulting from an officer involved shooting involving the Portland Police Bureau. No public involvement or input was sought regarding this Ordinance.  The City Attorney’s Office and Risk Management have concluded that it is not appropriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City.

No future public involvement is anticipated or necessary.  Approval by City Council of this Ordinance will fully settle a tort claim against the City of Portland.

100% Renewable Goal

This legislation will have no impact on City energy use.

Economic and Real Estate Development Analysis

Analysis provided by Prosper Portland

An Economic and Real Estate Development Impact Analysis was not submitted for this proposed action. Pursuant to City Council Resolution 37664, Prosper Portland staff has reviewed the action and agree that it does not require an Economic and Real Estate Development Impact Analysis.

Document History

Document number: 2025-299

President's referral: City Council

Agenda Council action
Regular Agenda
City Council
Passed

Votes
  • Aye (12):
    • Koyama Lane
    • Morillo
    • Novick
    • Clark
    • Green
    • Zimmerman
    • Avalos
    • Dunphy
    • Smith
    • Kanal
    • Ryan
    • Pirtle-Guiney

Document number

2025-299

Introduced by

City department

Service area

Agenda Type

Regular

Date and Time Information

Meeting Date
Time Requested
1 hour
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