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The memorandum discusses a proposed settlement in the case of Green v. City of San Jose, involving a payment of $8,000,000.00 to settle a lawsuit stemming from an officer-involved shooting incident. The memorandum recommends approval of the settlement and authorizes the City Attorney to execute the Settlement Agreement. The incident occurred on March 27, 2022, and resulted in serious injuries to the plaintiff, K'aun Green. The settlement aims to conclude litigation without further costs or risks to the City.
Key points
Settlement amount proposed is $8,000,000.00.
The case is Green v. City of San Jose, et. al., U.S. Dist. Ct., N.D. Cal., case no 5:22-cv-02174-NC.
Incident involved an officer-involved shooting at La Victoria restaurant on March 27, 2022.
Plaintiff alleged serious physical injuries and emotional distress.
Settlement will be paid from the City’s claims reserve fund.
Memorandum posted on the City’s website for public access.
Limitations
The text does not provide specific details about the council's vote or decision-making process.
There are unresolved placeholders in the document, such as the exact date of the council meeting.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 2,456 chars
COUNCIL AGENDA: FILE: ITEM: TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: GREEN v. CITY OF SAN JOSE, ET. AL. – SETTLEMENT 1/13/2026 26-035 3.3 FROM: SUSANA ALCALA WOOD, City Attorney DATE: December 17, 2025 RECOMMENDATION Approve a settlement in the case of Green v. City of San Jose, et. al., U.S. Dist. Ct., N.D. Cal., case no 5:22-cv-02174-NC, in the amount of $8,000,000.00 and authorize the City Attorney to execute a Settlement Agreement. OUTCOME Settle the lawsuit brought by Plaintiff K'aun Green with a payment by the City of San José of $8,000,000.00, each side to bear their own costs, including attorneys’ fees. BACKGROUND This lawsuit arises from an officer involved shooting that occurred at the La Victoria restaurant near the entrance of the San Jose State campus at approximately 3 am on March 27, 2022. Police were at the scene of a homicide that happened a few hundred feet away from La Victoria and approximately 30 minutes before the incident with Mr. Green. The police officers saw people running from the restaurant and heard that there was a man with a gun inside the restaurant who was fighting with other patrons. Police arrived on the scene quickly, just moments before...
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Generated summaryAI-assisted
This supplemental memorandum recommends budget actions to settle the lawsuit Green v. City of San José for $8,000,000. It proposes reallocating funds from the Budget Stabilization Reserve to the General Liability Claims appropriation to ensure sufficient budgetary capacity for the settlement. The memorandum includes necessary appropriation amendments and outlines the implications for the city's budget.
Key points
Recommends settlement of $8,000,000 in the case of Green v. City of San José.
Proposes reallocating $8,000,000 from the Budget Stabilization Reserve to the General Liability Claims appropriation.
The General Liability Claims appropriation has an annual allocation of $6.0 million.
The remaining balance in the General Liability Claims appropriation is approximately $5.9 million.
The Budget Stabilization Reserve will decrease from $20.5 million to $12.5 million.
Limitations
The document includes placeholders and unresolved sections, such as specific dates and budget references that are not fully detailed.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 4,022 chars
COUNCIL AGENDA: FILE: ITEM: TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: Green v. City of San José et. al. – Settlement Approved 01/13/26 26-035 3.3 FROM: Jim Shannon DATE: January 8, 2026 Date: 1/8/26 COUNCIL DISTRICT: Citywide REASON FOR SUPPLEMENTAL MEMORANDUM This memorandum recommends budget actions to reallocate existing funding to provide sufficient budgetary capacity for the City to settle the lawsuit brought by Plaintiff K’aun Green in the amount of $8,000,000. RECOMMENDATION (a) Approve a settlement in the case of Green v. City of San José, et al, in the amount of $8,000,000, and authorize the City Attorney to execute a Settlement Agreement. (b) Adopt the following 2025-2026 Appropriation Ordinance amendments in the General Fund: (1) Increase the General Liability Claims City-Wide Expenses appropriation to the City Attorney’s Office by $8,000,000; and (2) Decrease the Budget Stabilization Reserve by $8,000,000. ANALYSIS The City Attorney is recommending approval of a settlement in the case of Green v. City of San José, et. al., U.S. Dist. Ct., N.D. Cal., case no 5:22-cv-02174-NC, in the amount of $8 million and to authorize the City Attorney to execute a Settlement...
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The source text indicates this attachment appears to be a draft document.
This Settlement Agreement and Release is made between K’aun Green (Plaintiff) and the City of San Jose (CITY) to resolve a lawsuit filed by the Plaintiff. The Agreement stipulates that the CITY will pay $8,000,000 to the Plaintiff in exchange for the dismissal of the lawsuit with prejudice and the release of all claims related to the case. The Agreement includes provisions for the dismissal of claims, a general release of all defendants, and the acknowledgment that the payment does not constitute an admission of liability by the CITY. The Parties agree to bear their own attorney's fees and costs. The document is a fully integrated contract governed by California law.
Key points
The lawsuit was filed on April 6, 2022, in the United States District Court, Northern District of California.
The CITY will pay $8,000,000 to the Plaintiff as part of the settlement.
The Plaintiff agrees to dismiss the lawsuit with prejudice.
The Agreement includes a general release of all claims against the CITY and its employees.
The Parties will bear their own attorney's fees and costs.
The Agreement is governed by California law.
Limitations
The document appears to be a draft as indicated by the repeated mention of 'DRAFT' and contact information for the City Clerk.
The dates for the execution of the Agreement are not filled in and are indicated as missing.
Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.
Extracted text preview · 9,472 chars
SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Settlement Agreement") is made by and between K’aun Green (“Plaintiff”) and the City of San Jose (hereafter "CITY")”). "Parties," when referenced herein, includes Plaintiff and Defendants collectively. WHEREAS, Plaintiff filed a lawsuit on April 6, 2022 entitled K’aun Green, an Individual, v. City of San Jose, et al. in the United States District Court, Northern District of California, San Jose Division, case number 5:22-cv-02174-NC, (hereafter the "Action"); WHEREAS, the Parties now mutually desire to resolve the Action without further litigation and, therefore, undertake to settle the Action in its entirety by entering into this Agreement pursuant to which Plaintiff releases and extinguishes on a final basis all claims and potential claims arising out of, or in any way connected with all matters alleged, or which could have been alleged, in the pleadings comprising the Action; and WHEREAS, Plaintiff desires to dismiss the Action with prejudice; NOW THEREFORE, the Parties agree as follows: 1. Scope of Settlement. This Agreement shall settle, compromise, and forever discharge all claims of any and every...