Legislation Details

File #: TMP -2308    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 8/26/2026 In control: Board of Estimate & Contract
On agenda: 9/11/2026 Final action:
Title: Settlement of Lawsuit - Clark v. Hutchinson, et al. v. City of Mount Vernon - $15,000.00
Attachments: 1. SETTLEMENT RESOLUTION FOR CLARK v. HUTCHINSON, ET AL v. CITY OF MOUNT VERNON - (FEDERAL LAWSUIT IN CIVIL RIGHTS ACTION)
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Board of Estimate and Contract:

A RESOLUTION AUTHORIZING SETTLEMENT
OF THE CLAIM OF CLEON CLARK

WHEREAS, on June 5, 2023, the City of Mount Vernon (the “City”) was served with a Summons and Complaint in an action entitled Cleon Clark v. Hutchinson, et al. v. the City of Mount Vernon, commenced in the United States District Court for the Southern District of New York, in which the Plaintiff sought damages for $15,000.00 against the City for alleged violations of his civil rights arising from his arrests on August 20, 2021 and July 8, 2022, including allegations concerning the use of force in effecting his arrests; and
WHEREAS, the Plaintiff initially commenced and prosecuted the action pro se and proceeded through a substantial portion of the litigation without the assistance of counsel; and
WHEREAS, following the Court’s determination on Defendants’ motion for summary judgment, which dismissed all but one claim alleging excessive force, the Plaintiff retained counsel, and the parties thereafter engaged in settlement discussions; and
WHEREAS, following such discussions, the parties agreed to resolve and settle the remaining claim for the sum of $15,000.00; and
WHEREAS, by letter dated August 19, 2026, the Corporation Counsel recommends that the Board of Estimate and Contract approve the settlement of the aforesaid claim for $15,000.00; and
WHEREAS, the Board of Estimate and Contract has considered the recommendation of the Corporation Counsel and finds that settlement of this matter is in the best interests of the City;
NOW, THEREFORE, BE IT
RESOLVED, that the settlement of the claim of Cleon Clark v. Hutchinson, et al. v. the City of Mount Vernon for $15,000.00 be and hereby is approved; and be it further
RESOLVED, that the Comptroller of the City of Mount Vernon is hereby authorized and directed to issue a $15,000.00 payment in full settlement of the aforesaid claim, subject to receipt of all necessary settlement documentation and releases; and be it further
RESO...

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