On or about February 8, 2008, Fane Lozman (“Lozman”) filed a lawsuit against the City and certain individual City employees and City Councilmembers in the United States District Court.

In the Lawsuit, Lozman alleged that the City violated his rights under the United States Constitution, more specifically, his First Amendment, Fourth Amendment, and Fourteenth Amendment rights.  Lozman also made claims against the City under State Law.  The Lawsuit filed in the Southern District was tried, and a verdict rendered in favor of the City as to all claims.  Final Judgment was subsequently entered in favor of the City in December, 2014.

Thereafter, Lozman appealed part of the judgment to the United States Supreme Court of Appeals for the Eleventh Circuit that affirmed judgment in favor of the City.

Thereafter, Lozman filed a Petition for Writ of Certiorari to the Supreme Court of the United States, which was granted.

The Supreme Court of the United States entered an opinion vacating the judgment of the Court of Appeals and remanding the Lawsuit for further proceedings to determine whether Lozman was entitled to a new trial. 

On remand, the United States Court of Appeals for the Eleventh Circuit issued an opinion remanding the Lawsuit to the District Court for the District Court’s determination as to whether Lozman was entitled to a new trial. The Lawsuit is presently pending before the District Court and trial is set for April 27, 2020.

The parties were ordered to mediation by the District Court and mediation was held on January 13, 2020, before Magistrate Judge Matthewman. Counsel for the City, Counsel for the insurance carrier, Illinois Union Insurance Company, and the Plaintiff were all present and concur that settlement according to the attached Settlement Agreement is in the best interest of the City.  As a condition of settlement, the Plaintiff and the City executed the attached Settlement Agreement subject to City Council approval.  As a condition of settlement, the Illinois Union Insurance Company agrees to pay the Plaintiff $875,000.00, subject to City Council approval.  As an additional condition of settlement, the City and the Plaintiff will execute the attached Settlement Agreement and Release, subject to City Council approval.

The Parties mutually desire to resolve and settle this Lawsuit in its entirety, including all claims for attorney’s fees and costs and any potential post-judgment and appellate issues relating to the Lawsuit.