REPORT TO COUNCIL
SUBJECT
Title
Approve the Second Amendment to Outside Counsel Agreement with Allen, Glaessner, Hazelwood & Werth, LLP for Litigation Services in the matter of Neel Mehta v. City of Sunnyvale
Report
BACKGROUND & DISCUSSION
Neel Mehta v. City of Sunnyvale, Case No. 5:23-cv-03193, currently pending in the U.S. District Court, Northern District, involves Plaintiff Neel Mehta, who is alleging various state and federal civil rights violations revolving around his arrest by DPS officers after a caller alleged domestic violence. Mr. Mehta alleges violations of the Americans with Disabilities Act (ADA); Deveraux liability (for fabrication of evidence) against two officers; malicious prosecution against two officers; First Amendment retaliation against one officer; unlawful arrest; and related state-law claims.
Kevin Allen, a trial attorney who specializes in police liability and civil rights law and a partner in the firm of Allen, Glaessner, Hazelwood & Werth, was retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services and representation in this case. The Agreement was entered into on August 21, 2023, and amended in November 2024 to reflect modest updates in Mr. Allen's hourly legal fees. The not-to-exceed amount in the Agreement was $175,000.
Approval is requested for a Second Amendment to the Outside Counsel Agreement to allow for an additional $180,000 in potential legal expenses, including costs associated with further mediation and trial preparation, for a new not-to-exceed amount of $355,000.
ENVIRONMENTAL REVIEW
The action being consider does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378 (b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
Funds are avail...
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