City accepts settlement in Briggs’ 2019 lawsuit

    After a 26-minute closed session Monday, Imperial city council members approved a settlement agreement with Telly Briggs, who had sued three police officers and the city in a district court filing in September 2019.
    The agreement will pay Briggs $120,000 from the city’s insurance carrier, League Association of Risk Management.
    The settlement stems from a Jan. 6, 2016 incident in which Briggs claimed he was “taken against his will, arrested and physically accosted” by Imperial Police Department officers.
    The officers named in the suit were Daniel Morales, Ryan Wisnieski and Chad Ostmeyer, along with the city of Imperial.
    In the 2019 lawsuit, Briggs had sought $72,500 for past legal fees and $80,000 for medical expenses, along with general and punitive damages to be proven at trial.
    City Administrator Jo Leyland said Tuesday that by accepting the settlement, Briggs agreed to drop all claims against the city and police officers “with prejudice,” meaning he can’t refile a claim.
    The agreement, approved on a 4-0 vote, states there was no admission of liability of wrongdoing. Both parties entered into a Memorandum of Understanding Aug. 10 that led to the settlement.
    Another closed session was held earlier in the meeting involving the council, Leyland, City Attorney Josh Wendell and Mayor Dwight Coleman, the latter by Zoom, to discuss the Leibhart case against the city. They met with their attorney in the case, who also was via Zoom.
    That 20-minute closed session resulted in no action.
New police officer hired
    Jose Ruiz, now a police corporal in Kimball, will soon be joining the Imperial Police Department.
    Police Chief Wisnieski said Ruiz’ expected start date is tentatively Sept. 15.
    The council approved a new wage ordinance, adding Ruiz at an annual salary of $52,000.
    He is a certified officer in Nebraska, so will also receive the $10,000 signing bonus approved by the council earlier this year.
    Ruiz is married and has two children.
    In other business, the council heard recommendations on nuisance issues from Amber Kuskie at West Central Nebraska Development District.
    They voted 4-0 approving her recommendation to abate the property at 425 East 12th Street, which is the home used as an office in the past at Capital Mobile Court.
    Eight properties earlier designated nuisances were rescinded, or removed as nuisances, on a 4-0 vote at 1009 Shorthorn, 1414 Park, 930 Park, 1119 Shorthorn, 412 East 11th, 1111 Shorthorn, 240 Park and a lot identified as parcel 150122320.
    In WCNDD’s 2022 review of Imperial for nuisance violations, Kuskie said 48 property owners were sent the initial courtesy letters noting violations, while another 15 received second notices. Four remain in the program under review, she said.
    The city’s updated city code underwent second reading, and is expected to be adopted in September. It has a number of updates, wording was cleaned up and some new codes added after several months of review.