This is a civil rights lawsuit against the City of Fort Worth and police officers involving alleged violations of the constitutional rights of James Clinton Neal. Mr. C.W. Mills (Mr. Mills) was a police officer with the City of Fort Worth on the date of the incident. Pursuant to Section 180.002 of the Texas Local Government Code, the City is required to provide legal representation to its police officers without cost, if requested by the officer and if the suit involves an official act of the officer within the scope of the officer's authority. Section 180.002 further provides that the City may employ outside counsel to represent its police officers. Since the incident occurred during Mr. Mills tenure as a police officer and because the conduct complained of occurred while Mr. Mills was on duty as a police officer, the City Attorney's Office determined that Section 180.002 applied to Mr. Mills and that the City should provide him legal representation. The City Attorney's Office reviewed the suit and determined that Mr. Mills should be represented by outside counsel. Accordingly, it was agreed between the City Attorney and Mr. Mills that D. Lee Thomas (Mr. Thomas) should be retained to represent Mr. Mills.
As a condition of his employment, Mr. Thomas agreed that his legal fees in this matter would not exceed $25,000.00 without City Council approval.
Because of the ongoing nature of this litigation and the fact the legal fees billed by Mr. Thomas to date are $21,268.50, it is recommended that the City Council confirm the hiring of Mr. Thomas to represent Mr. Mills in this lawsuit and provide that the total attorney fees to be paid to Mr. Thomas be increased to an amount not to exceed $50,000.00.
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