HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ,j a
DATE: February 24, 2020
RE: Proposed Settlement for City Commission Meeting — February 27, 2020
Francois Severe, as Personal Representative of the Estate of Fritz Severe
vs. City of Miami and Antonio Vicente Torres, IV, pending in the United
States District Court for the Southern District of Florida,
Case No. 17 -CV -22153 -DPG
File No 7098
The attached proposed Resolution seeks authorization for settlement of all
claims asserted by Francois Severe, as Personal Representative of the Estate of Fritz
Severe, against the City of Miami and Antonio Vicente Torres, IV, in the amount of three
hundred thousand dollars ($300,000.00), arising out of the fatal shooting of Fritz Severe
which occurred June 11, 2015, in the area of 350 Northwest 13th Street, Miami, Florida.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the Account No. 50001.301001.545010.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/CAG/vja
City of Miami City Hall
W Y" 3500 Pan American Drive
Legislation Miami, FL 33133
N, www.miamigov.com
Resolution
Enactment Number: R-20-0054
File Number: 7098 Final Action Date:2/24/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY FRANCOIS SEVERE, AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF FRITZ SEVERE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL
SUM OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00) IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI AND ANTONIO VICENTE TORRES, IV, IN THE CASE OF
FRANCOIS SEVERE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF
FRITZ SEVERE VS. CITY OF MIAMI AND ANTONIO VICENTE TORRES, IV,
PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA, CASE NO. 17 -CV -22153 -DPG, UPON THE EXECUTION OF
A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE
DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, Francois Severe, as Personal Representative of the Estate of Fritz Severe,
has asserted civil rights and wrongful death claims against the City of Miami ("City") and Antonio
Vicente Torres, IV, arising out of the fatal shooting of Fritz Severe which occurred June 11,
2015 in the area of 350 Northwest 13th Street, Miami, Florida; and
WHEREAS, the City Attorney's Office has investigated the claims and pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
recommends that said claims be settled for the lump sum of three hundred thousand dollars
($300,000.00), including any claim for attorneys' fees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Francois Severe, as Personal
Representative of the Estate of Fritz Severe, without admission of liability, the total sum of three
hundred thousand dollars ($300,000.00) in full and complete settlement of any and all claims
and demands, including all claims for attorneys' fees, against the City of Miami and Antonio
Vicente Torres, IV, arising out of the fatal shooting of Fritz Severe which occurred June 11,
2015 upon the execution of general release of all claims and demands against the City and
Antonio Vicente Torres, IV.
Section 3. Funds are allocated from Account No. 50001.301001.545010.0000.00000.
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
tyt6ri ndez, ity ttor I e 214/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.