Summary Sheet- RFCA SUMMARY
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CITY OF TEMPE Meeting Date: 4/30/2026 REQUEST FOR COUNCIL ACTION Agenda Item: 7C1 ACTION: Adopt a resolution authorizing and approving the settlement of the lawsuit Turee Toro v. City of Tempe, et al., pending in Maricopa County Superior Court, Case No. 2023-007960, and authorizing the City Manager to execute a Settlement Agreement and Release regarding that dispute. (Resolution No. R2026.42) FISCAL IMPACT: Payment of $150,000 for the settlement and release. RECOMMENDATION: Adopt Resolution No. R2026.42. BACKGROUND INFORMATION: On May 28, 2022, police were called to a domestic dispute at Tempe Town Lake involving Plaintiff Turee Toro’s son, Sean Bickings. Against the direction of the Tempe police officers, and against City Code, Mr. Bickings climbed into the Lake and swam away. The officers immediately contacted Tempe Fire Medical Rescue and went to get the police boat to retrieve Mr. Bickings. Mr. Bickings swam to the middle of the Lake and began to have trouble. The officers were not trained in water rescue. Within approximately 2 minutes, Mr. Bickings went underwater and did not resurface. Plaintiff filed a wrongful death lawsuit against the City, the three police officers who were present, the fire chief and the former police chief. The parties participated in two rounds of mediation and were able to reach a tentative settlement. The parties will finalize the settlement by executing a settlement and release agreement containing terms including a disclaimer of any liability, complete release of any claims against the defendants, and dismissal of the lawsuit with prejudice. The settlement reflects a practical decision to avoid significant costs, time, and uncertainty associated with continued litigation; it is not an admission of fault or responsibility, which are specifically denied. ATTACHMENTS: 1. RESOLUTION FOR TORO V CITY OF TEMPE SETTLEMENT 04 30 26.DOCX 2. SETTLEMENT AND RELEASE AGREEMENT TORO V COT 4 30 26.DOCX STAFF CONTACT(S): Eric Anderson, City Attorney, (480) 858-2187 Department Director: Eric Anderson, City Attorney Legal review by: Eric Anderson, City Attorney Prepared by: Sarah Anchors, Assistant City Attorney