RESOLUTION FOR TORO V CITY OF TEMPE SETTLEMENT 04 30 26.DOCX
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1 Resolution No. R2026.42 RESOLUTION NO. R2026.42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, AUTHORIZING AND APPROVING THE SETTLEMENT OF TUREE TORO V. CITY OF TEMPE, ET AL., MARICOPA COUNTY SUPERIOR COURT CASE NO. CV2023-007960. WHEREAS, the City of Tempe is party to litigation in the matter of Turee Toro v. City of Tempe, et al., Maricopa County Superior Court Case No. 2023-007960 (the “Lawsuit”); and WHEREAS, in addition to the City, certain current and/or former City employees and agents are named as defendants in the Lawsuit; and WHEREAS, the Lawsuit arises from claims asserted by Turee Toro, the mother of decedent Sean Bickings, against the City and the individual defendants; and WHEREAS, the City and the individual defendants expressly deny any and all liability, fault, or wrongdoing of any kind in connection with the claims asserted in the Lawsuit; and WHEREAS, the City, through its legal counsel, has evaluated the claims, defenses, and potential risks associated with continued litigation; and WHEREAS, the City desires to avoid the costs, uncertainties, and burdens associated with further litigation; and WHEREAS, after participating in mediation, the parties reached a tentative settlement of the claims, the terms of which have been reviewed by the City Attorney’s Office and deemed to be in the best interests of the City and the individual defendants; and WHEREAS, the City Council has determined that entering into the settlement agreement is a prudent and fiscally responsible action, notwithstanding the City’s and the individual defendants’ denial of liability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, hereby: 1. Approves of the settlement of Toro v. City of Tempe, et al., in substantially the form presented to the City Council, with each of the parties bearing its attorneys’ fees and costs. 2. The approval of this settlement and any actions taken pursuant to this Resolution shall not be construed as an admission of liability, fault, or wrongdoing by the City or the any of its current or former officers, employees, or agents, all of which are expressly denied. 2 Resolution No. R2026.42 3. Authorizes the City Manager, the City Attorney, or any other City employee to execute the settlement agreement and any additional documents or to take any additional actions reasonably necessary to effectuate the settlement. 4. The settlement shall include a full and final release of all claims against the City and its current and former officers, employees, and agents arising out of the matters described in the Lawsuit. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, this 30th day of April, 2026. Corey D. Woods, Mayor ATTEST: Kara A. DeArrastia, City Clerk APPROVED AS TO FORM: Eric C. Anderson, City Attorney