Former Morgan Hill resident Bruce Tichinin settled a lawsuit
with the city of Morgan Hill for $200,000, according to a press
release from the city.
Former Morgan Hill resident Bruce Tichinin settled a lawsuit with the city of Morgan Hill for $200,000, according to a press release from the city.
The city agreed to the settlement at the urging of its insurer, the ABAG Plan, city attorney Danny Wan said. The city’s counsel was prepared to go to trial in the case in which Tichinin accused the city of trying to abridge his First Amendment right to free speech.
“The city was ready to go to trial set for September 19 and win,” said City Attorney Danny Wan. However, at a settlement conference mandated by the court Sept. 14, the city’s insurer offered to settle the lawsuit and Tichinin agreed.
“The insurer made a financial decision to pay $200,000 in order to avoid the cost of trial and the inevitable appeal. It put the city in a position of either accepting the settlement or going ahead with the trial against the recommendation of its insurer,” said Wan.
The settlement avoids a trial as Tichinin also agreed to dismiss the lawsuit and not refile it, Wan said. Tichinin also agreed to pay his own attorney’s fees, and both parties agreed the resolution is not an admission of guilt by the city.
The city council approved the settlement after a closed session meeting Wednesday.
“We were confident that, after hearing the facts in this case, the jury would have ruled for the city,” said Mayor Steve Tate. “But the insurer had financial reasons to settle and the judge encouraged settlement. In the end, the council followed the insurer’s recommendation and put this unfortunate incident to rest.”
The city’s insurer will cover the entire cost of the settlement.
The city paid the first $100,000 in legal expenses on the case which dates back to 2004.
The case centered around Tichinin’s and the citizens’ right to investigate public officials without fear of retribution.
