Riverside, Tipp City man working to settle $3.6M lawsuit
By Steven Matthews, Dayton Daily News, Ohio | |
McClatchy-Tribune Information Services |
Chodkowski said he could not disclose the total amount that is being negotiated with Call until both parties have signed the settlement agreement.
"We think this decision to settle is clearly in the city's best interests," Chodkowski said. "I would refer any comment on their position to
According to the resolution, the city will be required to provide the police department with training on second amendment rights by
It also states the settlement is "not an admission of liability; rather the City expressly denies liability and affirms that it is settling solely to avoid incurring additional costs in defending the pending claim."
Legal expenses have been covered as part of the city's insurance coverage, Chodkowski said.
Call's attorney,
"It's not officially settled yet and I'm not supposed to be talking about it," he said.
The incident in question occurred at
Call, a
That's when Call said he was illegally detained and briefly had his gun confiscated. Call filed a lawsuit against the city of
Then-
"Had he been truthful with the police and simply provided his identification so that they could have quickly ran it, that encounter would have been over very quickly, within a minute or two," Reiss said last year.
Call does have a conceal and carry license (CCW), but Reiss said Call did not immediately provide police with his CCW, driver's license or admit that he drove to the gas station.
Police reports show a citizen at the Speedway was concerned that a man had a gun in the open and told
The lawsuit recounted that "After Call complied with Jones' request, which was made with no probable cause, or a warrant, and without legal authorization, Sgt. Jones questioned Call, 'Why are you wearing an open gun?' Jones continued to question Call even though Call asked, 'Am I free to go?' to which Jones told him no."
Call was charged with obstruction of justice, but it was dropped a couple months later, Chodkowski previously said.
Jones' incident report said Call would not answer questions relating to his identity.
Call had his gun taken from him, was handcuffed and placed in the back of a cruiser while Jones and
Call had his gun and ammunition returned to him after his identification check was complete.
The suit asked for
Chodkowski said the city budgets between
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