TALLAHASSEE, Fla. (WTXL)- In 3-2 vote, the City of Tallahassee commission voted Wednesday to settle with the family of Duane Strong nearly two years after Strong was killed by a TPD officer outside of a nightclub.
The dissenting votes came from Commissioner Scott Maddox and Commissioner Gil Ziffer. The settlement is for $325,000 and was supported by Tallahassee's City Attorney, the Risk Manager, and the Chief of Police.
Strong was killed on May 29, 2014 while trying to speed out of the parking lot of Cheeks nightclub, according to police. They say officers had responded to the nightclub to a report of shots fired. The police department says when they arrived, Strong tried to speed out of of the parking lot towards an officer, who shot him. Police say the officer feared for his life. The officer was later cleared by a grand jury for the shooting.
Following today's vote, the City and Strong's family released a joint statement (full text below) saying "the resulting terms of the settlement are fair and allow all parties, including the officer sued in his individual capacity, to avoid the expense, burden and uncertainty associated with the litigation."
Joint Statement From Ayounna McClinton, as Personal Representative of the Estate of Duane Strong and City of Tallahassee
Today, the City Commission approved the Settlement Agreement in the case of Ayounna McClinton, as Personal Representative of the Estate of Duane Strong v. City of Tallahassee and Clayton Fallis. The approval of the settlement fully resolves the lawsuit pending in federal court that claimed that the Tallahassee Police Department’s use of deadly force against Duane Strong was unreasonable.
Settlement terms were negotiated during a court ordered mediation conference held on April 7, 2016. The settlement was supported by the City Attorney, the Risk Manager, and the Chief of Police.
While mediation discussions are confidential as a matter of law and cannot be specifically discussed, the resulting terms of the settlement are fair and allow all parties, including the officer sued in his individual capacity, to avoid the expense, burden and uncertainty associated with the litigation.
During the litigation, eye witnesses and police experts supported both parties’ respective opposing positions as to events that occurred on May 29, 2014.
The Plaintiff alleged that as Duane Strong drove his vehicle through the parking lot of Cheeks Nightclub, the officer stepped in front of it, ordered him to stop and thus created a dangerous situation. Witness testimony supported the allegation that the officer continued to use deadly force after the moving vehicle was no longer a threat. There was also witness testimony that Strong was driving recklessly through the Cheeks Nightclub parking lot and unexpectedly accelerated rapidly toward the officer. The officer testified he feared for his life.
“Both the City of Tallahassee and Ms. McClinton (the settling parties) firmly believe the terms of this settlement are in the best interest all of the parties to the lawsuit, the officers involved in the incident, the Tallahassee Police Department, the family of Duane Strong and the entire Tallahassee community”, said City Attorney Lewis Shelley and Mutaqee Akbar, attorney for the Estate of Duane Strong.
