Phelix settlement: $39,000

by Staff on April 29, 2010 · 1 comment

in Local

Former Mitchell Police Officer Randy Phelix and his attorneys, The DeBrota Law Firm LLC, will together receive a total of $39,000 in the recently announced settlement.

The settlement agreement, obtained by the Times-Mail in an open records request to Bill Mullis, the City of Mitchell’s attorney reads:

  1. Defendants will pay to plaintiff and his attorney the total sum of $39,000.00, in full and final settlement of all claims including compensatory damages and attorney’s fees.  Payment shall be made in two checks, one payable to Randal J. Phelix and the other payable to The DeBrota Law Firm LLC.  Plaintiff’s counsel will advise the defendant regarding the amount for each check.
  2. Plaintiff agrees to voluntarily dismiss with prejudice his cause against defendants.
  3. In making this settlement, defendants make no admissions of liability.
  4. Each party is to bear its own costs and attorney fees.
  5. Additional standard settlement documents will be prepared by defendants and executed by the parties, which will include a mutual confidentiality/non-disclosure provision, a limited damages provision in the amount of $5,000.00 for violating the confidentiality provision, and a release of all claims.
  6. Under the confidentiality provision, the plaintiff will be permitted to make disclosures to his spouse, tax preparer, and those required by law.  The defendants will be permitted to make those disclosures required by law.  The only comment on the case or the settlement permitted for any party is that “the matter has been resolved.”

The agreement was dated March 29th and signed by Phelix, Mayor Dan Terrell, and counsel for both sides.

The settlement was with the City’s insurance carrier and a source close to the agreement has confirmed that “Mitchell didn’t give him a dime”.

Estimates are that attorney’s fees would account for approximately 40% of the settlement amount, leaving Phelix with around $23,400.

Previous post:

Next post: