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Special Meeting/Workshop - No Division Assigned

Title: Special Meeting Re: Payment of Jerry Smith Judgment

Recommendation:

I recommend that the School Board approve the payment of the Joint Judgment in the total amount of Sixty Thousand, three hundred and twenty dollars ($60,320.00) against the School Board of Palm Beach County and James P. Kelly, in the case of Jerry L. Smith v. the School Board of Palm Beach County and James P. Kelly, which is Case # 03 CA 006153 AA in the 15th Judicial Circuit in and for Palm Beach County, Florida, upon the entry of a Final Judgment, based upon the previously entered Jury Verdict in said amount

I further recommend that said payment either be made directly to Jerry L. Smith and his Attorney, Frederick Ford or, alternatively be paid into the Registry of the Circuit Court Clerk, upon the discretion of the Chief Counsel to the Board, and that said payment be made in exchange for Partial Satisfaction of Judgment as to that amount.

Description:

  • This Judgment was as a result of a Jury Verdict on May 4, 2006 in the hereinabove described case; said Jury Verdict determining liability on the part of the Defendants and further determining that the Plaintiff, Jerry L. Smith, was entitled to the sum of Sixty thousand, three hundred and twenty dollars ($60,320.00) for lost wages and benefits and that he was entitled to zero dollars for mental anguish and suffering. On May 5, 2006 the Jury further determined that the Plaintiff, Jerry L. Smith was entitled to zero dollars in punitive damages against James P. Kelly.
  • This was a 43 U.S.C.A. § 1983 case alleging failure to provide a name-clearing hearing to Jerry Smith, a school police officer, who was terminated while still on probation.
  • A Partial Satisfaction of Judgment can only be obtained at this time, because the Plaintiff will be entitled to seek court costs and attorney’s fees and it will take some time to obtain a determination as to these amounts.

Financial Impact:
The financial impact to the District for the payment of this judgment will be $60,320.00. The source of funds is the General Fund.

For Additional Information, contact:

Gerald A. Williams, Esq., Chief Counsel (williamsg@palmbeach.k12.fl.us)

Steven A. Stinson, Esq.

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