HomeMy WebLinkAboutR-21-0492City of Miami
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Resolution: R-21-0492
File Number: 11036
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/9/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY OSCAR JULIEN-RIOU, WITHOUT
ADMISSION OF LIABILITY, THE TOTAL SUM OF FIFTY THOUSAND
DOLLARS ($50,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR
ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND IOANNYS LLANES
IN THE CASE OF OSCAR JULIEN-RIOU VS. CITY OF MIAMI AND IOANNYS
LLANES, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, CASE NO. 21-CV-22034-JAL, 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, Oscar Julien-Riou ("Plaintiff') has asserted civil rights and tort claims
(collectively, "Claims") against the City of Miami and Officer loannys Llanes (collectively, "City")
arising out of his arrest which occurred December 10, 2018 at Alonzo Kelly Park, 1445
Northwest 67 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 the Claims be settled for the lump sum of fifty thousand dollars ($50,000.00)
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 the Plaintiff, without admission
of liability, the total sum of fifty thousand dollars ($50,000.00) in full and complete settlement of
any and all claims and demands, including all claims for attorneys' fees, against the City in the
case of Oscar Julien-Riou vs. City of Miami and loannys Llanes, pending in the United States
District Court for the Southern District of Florida, Case No. 21-CV-22034-JAL, upon the
execution of a general release of all claims and demands and a dismissal of the City with
prejudice.
' 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.
City of Miami Page 1 of 2 File ID: 11036 (Revision:) Printed On: 1211512021
File ID: 11036
Enactment Number: R-21-0492
Section 3. Funds are allocated funds from Account No.
50001.301001.545010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ndez, Ci[y Httor iey 11/18/2021
City of Miami Page 2 of 2 File ID: 11036 (Revision:) Printed on: 1211512021