SUBJECT
Title
Approve the First Amendment to Outside Counsel Agreement with Bertrand, Fox & Elliot for Litigation Services in the Matter of Bagley v. Santa Clara County, et al.
Report
REPORT IN BRIEF
Approval is requested for a First Amendment to the Outside Counsel Agreement with the law firm of Bertrand, Fox & Elliot for legal services and representation of the City in the matter of Bagley v. Santa Clara County, et al., Case No. 16-CV-02250-PSG, currently pending in the United States District Court Northern District of California. The First Amendment to the Agreement is needed to cover the costs associated with proceeding to trial on this case, which are estimated to be $100,000.
BACKGROUND
Gregory Fox, a trial attorney who specializes in the areas of municipal tort defense and constitutional and civil rights law, and partner in the law firm of Bertrand Fox & Elliot, was retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services and representation in tort cases and police liability and civil rights matters. Mr. Fox has extensive litigation experience and has aggressively litigated cases on behalf of the City, with a significant number of claims dismissed or adjudicated in favor of the City. The Agreement was entered in May 2016, and the not to exceed amount was $100,000. The term of the Agreement expires in May 2019.
DISCUSSION
Mr. Fox is providing advice and representation on a number of matters, and provides on-call advice related to claims and litigation. This current case involves Plaintiff alleging civil rights violations relating to his arrest on December 22, 2012, by Sunnyvale Public Safety Officers. Plaintiff further alleges that the public safety officers somehow falsely procured a warrant and arrested him, and that he was subjected to excessive force by an unnamed public safety officer and K-9 public safety dog during his arrest and suffered injuries during the arrest. Plaintiff also allege...
Click here for full text