HomeMy WebLinkAboutR-03-0721J-03-571
06/18/03
RESOLUTION NO. 03— 7 21
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
DONALD DEBERRY THE SUM OF $75,000, AND RICKY
JACKSON THE SUM OF $35,000 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE OF DONALD DEBERRY AND RICKY JACKSON VS.
CITY OF MIAMI AND DETECTIVE ANDRES AROSTEGUI,
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, CASE
NO. 01-2088-CIV-LENARD, UPON EXECUTING
RELEASES FOR THE CITY OF MIAMI, ITS PRESENT
AND FORMER OFFICERS, AGENTS, AND EMPLOYEES
FROM ANY AND ALL CLAIMS AND DEMANDS,
ALLOCATING FUNDS FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.651.
WHEREAS, Donald Deberry and Ricky Jackson filed claims and
lawsuits against the City of Miami and Detective Andres
Arostegui, in the United States District Court for the Southern
District of Florida, consolidated under Case No: 01 -2088 -CIV -
Lenard, alleging claims of false arrest, malicious prosecution,
abuse of process, and civil rights violations; and
WHEREAS, the above claim and lawsuit have been investigated
by the City Attorney's Office pursuant to 18-232 of the Code of
the City of Miami, Florida, as amended, which created the City of
Miami's Self -Insurance and Insurance Trust Fund and said Office
CITY COISSION
/RESTING OF
JUN 2 5 2003
R"olu&n No.
03- 721
recommends that the claim and lawsuit be settled for the total
sum of $110,000;
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
Donald Deberry the sum of $75,000 and Ricky Jackson the sum of
$35,000, in full and complete settlement of any and all claims
and demands against the City of Miami, for the case of Donald
Deberry and Ricky Jackson vs. City of Miami and Detective Andres
Arostegui, in United States District Court Case No: 01 -2207 -CIV -
Lenard, upon executing releases for the City of Miami, its
present and former officers, agents and employees from any and
all claims and demands, with funds allocated from the Self -
Insurance and Insurance Trust Fund, Index Code No.
515001.624401.6.651.
Page 2 of 3
03- 729.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
PASSED AND ADOPTED this 25th day of June , 2003.
ANUEL A. DIAZ, MAY
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVE S FO D CORRECTNESS
0
NDRO VILARELLO
Y ATTORNEY
W7333:tr:AS
�i If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 3 of 3
103- 7'1
CITY OF MIAMI
CITY ATTORNEY'S OFFICE CA=9MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: June 18, 2003
RE: Proposed Settlement- City Commission Meeting — June 25, 2003
Authorization for settlement in the case of Donald Deber y and Ricky
Jackson vs. City of Miami, United States District Court Southern
District of Florida, Miami Division Case No. 01-2088-CIV-LENARD
Clain No. 012/PT/2001-067 (J-03-571)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the above -referenced case, in the total amount of $110,000.
This action arises out of the plaintiffs' arrests on arrest warrants for first-degree murder
charges. A Detective prepared the arrest warrants after a witness identified the plaintiffs from
booking. photographs. The plaintiffs alleged that the detective's affidavit in support of the
wan -ants contained material omissions and misrepresentations, which if accurately presented,
would have negated the finding of any probable cause for the arrests. Both plaintiffs filed civil
rights claims pursuant to 42 U.S.C. Section 1983 against the City and the Detective individually.
Additionally, plaintiffs alleged claims of malicious prosecution and abuse of process against the
Detective, and a false arrest claim against the City. Plaintiffs spent approximately five months in
jail before the State Attorney's Office dismissed the charges against them. In a memorandum
dated February 5, 2001, the prosecutor concluded that the wrong persons had been arrested and
charged with murder.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $110,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
Attachment(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
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03- 7`,1