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: December 9, 2021
RE: City Commission Meeting — December 9, 2021
Settlement regarding the matter of Oscar Julien-Riou v. City of Miami and
loannys Llanes.
Case No. 21-CV-22034-JAL
File No. 11036
The attached proposed Resolution seeks authorization for settlement of all
claims asserted against the City of Miami ("City") and Officer loannys Llanes arising out
of Oscar Julien-Riou's arrest, in the amount of fifty thousand dollars ($50,000.00), in the
case of Oscar Julien-Riou v. City of Miami and loannys Llanes, Case No. 21-CV-22034-
JAL, pending in the United States District Court for the Southern District of 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 General Liability Account No. 50001.301001.545010.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/BLM/CAG
City of Miami
City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
< €{ R. ,,
Resolution
www.miamigov.com
Enactment Number: R-21-0492
File Number: 11036
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.
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.
' 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
"na dez, City Attvr iey 11/1812021
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.