Published June 3, 2021 · Settlements

On May 17, 2021, Columbus City Council approved a $10 million settlement with the family of Andre' Hill, the 47-year-old man who was shot and killed by a Columbus police officer on December 22, 2020. NBC News reported that it is the most the City of Columbus has ever paid in a settlement.

Mr. Hill was a father and a brother. His family has spent the past five months grieving in public, and they have said clearly that money is not justice. This article looks at what was reported and at what this settlement can teach other Ohio families about claims after a death caused by a public employee.

What was reported

According to NBC News:

  • The city announced the agreement on Friday, May 14, 2021, and City Council approved it the following Monday, May 17.
  • The $10 million will be paid in two installments, one by the end of 2021 and the other in the first quarter of 2022.
  • The city also agreed to rename a gymnasium at the Brentnell Community Center in Mr. Hill's honor.
  • Mr. Hill was shot as he walked out of a garage at a home where he was a guest. He was unarmed. Officers had been responding to a report about a vehicle.
  • The officer, Adam Coy, was fired in December and has been indicted. He has pleaded not guilty to murder and other charges. That criminal case is still pending.

City Attorney Zach Klein said, "No amount of money will ever bring Andre Hill back to his family." Mr. Hill's daughter described the settlement as "one step but it's not full justice."

A civil resolution while a criminal case is pending

Families are often told, or assume, that nothing can happen in the civil case until the criminal case is over. That is not always true. The Hill family's civil claim was resolved while the officer's prosecution was still pending, and the settlement does not decide whether the former officer is guilty of any crime.

The two cases answer different questions. The criminal case asks whether the state can prove a crime beyond a reasonable doubt. The civil case asks whether someone is legally responsible for the death and what the family has lost. A settlement can sometimes come first, as it did here, and sometimes it makes sense to wait for the criminal case. Our guide chapter on criminal and civil cases explains how families and their lawyers think about that timing.

Why the city settled early

Most claims against a city or its officers take years. Last year we wrote about the $1.7 million Beavercreek settlement with the family of John Crawford III, which came nearly six years after his death. The Hill settlement came less than five months after Mr. Hill died.

We do not know everything that went into the city's decision. But early resolution is more likely when the facts are clear and well documented, when the public entity is willing to accept responsibility without a long fight, and when the family has counsel ready to present the claim fully and quickly. Our page on government and police wrongful death cases explains why most of these cases are harder, including the immunity rules that protect cities and their employees.

The probate court still has a role

Even when a city agrees to pay, a wrongful death settlement in Ohio is not final until the probate court approves it.

Under R.C. 2125.02(A)(1), a wrongful death claim belongs to the personal representative of the estate, who acts for the exclusive benefit of the surviving spouse, children, parents, and other next of kin. Under R.C. 2125.02(C), the personal representative may settle the claim, before or after a lawsuit is filed, only with the consent of the court that made the appointment. R.C. 2125.03 then governs how the money is shared among the beneficiaries. If they are not all related to the person who died in the same degree, or cannot agree, the court adjusts each share in a way that is equitable.

That process protects families. It means the settlement is reviewed by a judge, and it gives every beneficiary a chance to be heard. Our probate chapter on approving a settlement explains what that hearing looks like.

Non-financial terms can matter

The renaming of a gymnasium in Mr. Hill's honor is a reminder that a settlement can include more than money. Families sometimes ask for a public acknowledgment, a memorial, a change in policy or training, or a commitment about how their loved one will be remembered. Not every defendant will agree, and a public entity has limits on what it can promise. But it is worth discussing with your lawyer before negotiations begin. Our guide chapter on how cases are resolved walks through negotiation and settlement.

What families can take from this

  • A pending prosecution does not always freeze the civil claim.
  • Strong, early documentation can shorten a case. Videos, records, and witness statements gathered quickly make a difference.
  • Settlements require court approval. The probate court reviews the terms and the division among the family.
  • You can ask for more than money. Remembrance and change can be part of a resolution.

This article is general information about Ohio law, not legal advice about your situation. Reading it does not create an attorney-client relationship. Deadlines and rules change; talk to a lawyer about your family's situation.