Sponsor: Board of Commissioners
Title
title
Maryann Tucker, Parent of D.T. v. Dwight Fontae Smith and Ramsey County
end
Recommendation
recommendation
Delegate the authority to determine whether Ramsey County shall defend and indemnify former employee, Dwight Fontae Smith, pursuant to Minnesota Statutes Section 466.07, subdivision 1, to Ramsey County Community Corrections Director Monica Long and that Director Long’s determination shall constitute Ramsey County’s final and binding decision.
end
Background and Rationale
body
On December 13, 2023, Ramsey County received a Notice of Potential Claim related to a May 11, 2023, incident at the Ramsey County Juvenile Detention Center.
On January 23, 2023, Ramsey County was emailed a copy of an unfiled complaint regarding the same. The complaint asserts claims for excessive force under federal law and assault and battery under Minnesota state law and names Dwight Fontae Smith and Ramsey County as defendants. Minnesota Statutes Section 466.07, subdivision 1 (2) requires a municipality to defend and indemnify its employees for damages claimed against the employee provided that the employee is not guilty of malfeasance, willful neglect of duty or bad faith.
The Ramsey County Board of Commissioners met during a closed session on February 27, 2024, and voted to delegate Monica Long with the authority and responsibility to determine whether the statutory requirements for defense and indemnification are met for the purposes of the Notice of Potential Claim.
end
County Goals (Check those advanced by Action)
☐ Well-being ☐ Prosperity ☐ Opportunity ☒ Accountability
Racial Equity Impact
None.
Community Participation Level and Impact
There was no community engagement involved with this board action.
☒ Inform ☐ Consult ☐ Involve ☐ Collaborate ☐ Empower
Fiscal Impact
None.
Last Previous Action
On February 27, 2024, the Ramsey County Board of Commissioners met in a closed session to provide direction to the Ramsey County Attorney’s Office regarding Maryann Tucker, Parent of D.T. v. Dwight Fontae Smith and Ramsey County.
Attachments
None.