Scottsdale to pay more to continue legal battle in multifaceted case

(File Photo)

The Scottsdale Risk Management Department received the green light from Scottsdale City Council to increase the maximum allotment of legal fees in the case of Erica Rahn v. City of Scottsdale.

Council approved the request as part of the consent agenda at its March 7 city council meeting at City Hall at 3939 N. Drinkwater Blvd.

With the approval, the Risk Management Department can now pay up to $135,000 — a $10,000 increase from the previous allotment — to Holloway Odegard Forrest and Kelly, P.C., according to a city staff report.

The department requested the increase because since the time of the previous contract, the plaintiff pursued further appeal to the Court of Appeals of Arizona, a report states.

Ms. Rahn brought a suit against the city for what she claimed as wrongful arrest, malicious prosecution, abuse of process and false light invasion of privacy, according to a staff report.

Council originally approved a pair of contracts with Holloway Odegard and Kelly, P.C. to represent the city in the case and for the amount of legal fees not to exceed $50,000.

In April 2016, council approved an extension of the contract, upping the maximum amount to $125,000.

Staff also reported the status of the case was positive.

The city won the case in Superior Court and was awaiting collection from the plaintiff, but she chose to appeal to the Court of Appeals, Division One.

That court affirmed the earlier ruling, but Ms. Rahn persisted with a Petition for Review of the Court of Appeals’ decision.

As a result, the city’s legal team will need to prepare briefing and oral arguments, resulting in the increase.

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