HomeMy WebLinkAboutR-02-0161J-02-126
1/30/02
RESOLUTION NO. 02- -�61
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS
SETTLEMENT TO PLAINTIFFS, LYNN RUNNELS AND
PERRY RUNNELS, AS CO -PERSONAL REPRESENTATIVES
OF THE ESTATE OF JESSE STUART RUNNELS,
DECEASED, ETC. ET AL., WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $1.,250,000 (THE
"SETTLEMENT") TO BE PAID AS FOLLOWS: A FIRST
PAYMENT OF $350,000, A SECOND PAYMENT OF
$250,000 ONE YEAR AFTER THE FIRST PAYMENT, AND
A THIRD PAYMENT OF $250,000 AS A FULL AND
FINAL PAYMENT ONE YEAR AFTER THE SECOND
PAYMENT FOR A TOTAL AMOUNT NOT TO EXCEED
$1,250,000, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, ITS OFFICERS, AGENTS AND
SERVANTS, INCLUDING, BUT NOT LIMITED TO
ALEJANDRO MACIAS, FOR THE CASE OF LYNN RUNNELS
AND PERRY RUNNELS AS CO -PERSONAL
REPRESENTATIVES OF THE ESTATE OF JESSE STUART
RUNNELS ETC. ET AL. VS. THE CITY OF MIAMI AND
ALEJANDRO MACIAS, FILED IN THE UNITED STATES
DISTRICT COURT, CASE NO. 00 -2930 -CIV -KING,
UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING 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. 515001.624401.6.652.
WHEREAS, Lynn Runnels and Perry Runnels, as co -personal
representatives of the estate of Jesse Runnels and in their
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02- X6.1
individual capacities, filed a claim and lawsuit against the City
of Miami and Officer Alejandro Macias in the United States
District Court, Case No. 00-2930--Civ-King; and
WHEREAS, outside counsel, the Tort Committee of the City
Attorney's Office and the Division of Risk Management have
investigated this claim and lawsuit, pursuant to Sections 18-221
through 18232 of the Code of the City of Miami, Florida, as
amended, and recommend that said claims and lawsuits be settled
for the sum of $1,250,000 (with the settlement to be paid as
follows: a first payment of $750,000, a second payment of
$250,000 one year after the first payment, and a third payment of
$250,000 as a full and final payment one year after the second
payment);
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 hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay
to pay as settlement to Plaintiffs, Lynn Runnels and Perry
Page 2 of 4
02-- 161
Runnels, as co -personal representatives of the Estate of Jesse
Stuart Runnels, deceased, etc. et al., without admission of
liability, the sum of $1,250,000 (the "settlement") to be paid as
follows: a first payment of $150,000, a second payment of
$250,000 one year after the first payment, and a third payment of
$250,000 as a full and final payment one year after the second
payment for a total amount not to exceed $1,250,000, in full and
complete settlement of any and all claims and demands against the
City of Miami, its officers, agents and servants, including, but
not limited to Alejandro Macias, for the case of Lynn Runnels and
Perry Runnels as co -personal representatives of the estate of
Jesse Stuart Runnels, etc. et al. vs. the City of Miami and
Alejandro Macias, filed in the United States District Court, Case
No. 00 -2930 -Civ -King, upon the execution of a general release
releasing 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. 515001.624401.6.652.
Page 3 of 4
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this 14th
day of February , 2002.
MANUEL DIAZ,OR
ATTEST:
Syis Scheider
Ace
ng City Clerk
APPROVED A
CORRECTNESS/
1 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 4 of 4
02- 161
0 0 12 A
CITY OF MIAMI -
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the Ciiy Commission
R -
FROM: Alejandro Vilarello,;City Attorney
DATE: February 6, 2002
RE: Proposed R64dtion`= City Co mission Meeting- February 14, 2002
Lynn'Runnels, et al. vs. City of Miami- Case no. 00 -2930 -KING
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami and its officers, agents and servants, including but not limited to
Officer Alejandro Macias, in the above -referenced case in the amount of $1,250,000. Under the
settlement, $750,000 would be payable upon approval of the settlement (approximately
March 1, 2002). One year latev, an additioiRd $250,000 would be payable (approximately
March 1, 2003). The following year, the final payment of $250,000 would be made
(approximately March 1, 2004).
This is a civil rights claim under 42 U.S.C. § 1983 arising out of the March 23, 1999 fatal
shooting of Jesse Stuart Runnels ("Runnels"). Plaintiffs contend that Runnels' constitutional
rights were violated because Officer Macias used excessive force in shooting Jesse Stuart
Runnels.
The City Attorney's Office, the Risk Management Division, and outside counsel have
investigated and evaluated this case and have approved the recommendation of this settlement.
Funds in the amount of $1,250,000 are available for this settlement from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
cc: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
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