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: January 28, 2021
RE: City Commission Meeting — January 28, 2021
Proposed settlement — Melissa Lopez vs. City of Miami and Javier Ortiz,
pending in the United States District Court Southern District of Florida.
Case No. 20-CV-21387-JEM
File No. 8359
The proposed resolution seeks authorization to settle the claims presented
against the City of Miami in the amount of $100,000.00, in the matter of Melissa Lopez
vs. City of Miami and Javier Ortiz, pending in the United States District Court Southern
District of Florida, Case No.: 20-CV-21387-JEM.
Attachment(s)
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/HJH/vja
4:: Y City of Miami City Hall
Y
3500 Pan American Drive
Legislation Miami, FL 33133
www.miamigov.com
Resolution
Enactment Number: R-21-0035
File Number: 8359 Final Action Date:1/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND TO PAY MELISSA
LOPEZ, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF
ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS
FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED MELISSA LOPEZ
VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 20-CV-21387-JEM, UPON THE
EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A
DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
0000 1. 980000.531010. 0000. 00000.
WHEREAS, Melissa Lopez and the City of Miami are engaged in litigation in the United
States District Court Southern District of Florida, Case No.: 20-CV-21387-JEM concerning a
claim of use of excessive force and a violation of civil rights; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and lawsuit be settled for the lump sum of one
hundred thousand dollars ($100,000.00) including the claims for attorney's 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 fully set forth in this Section.
Section 2. The City Manager is authorized' to execute a Settlement Agreement, in a
form acceptable to the City Attorney, and to pay Melissa Lopez, without admission of liability,
the aggregate total sum of one hundred thousand dollars ($100,000.00) for full and complete
settlement of any and all claims and demands, including any claim for attorney's fees, against
the City of Miami ("City"), its agents, officers, and employees in the cases styled as Melissa
Lopez vs. City of Miami, et al., pending in the United States District Court Southern District of
Florida, Case No. 20-CV-21387-JEM, upon the execution of general releases of all claims and
demands brought and a dismissal of the City and its officers, agents, and employees with
prejudice with funds allocated from Account No. 00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
1
jina 4MHez, City Attor ey 12/24/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.