HomeMy WebLinkAboutR-02-1279J-02-973
11/21/02
RESOLUTION NO. 02-1279
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
DAVID SOSA AND JANET SOSA, THE SUM OF
$150,000, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, FOR THE CASE OF DAVID SOSA AND
JANET SOSA VS. VALENTINO OF MIAMI, INC.,
ET AL, IN THE UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION,
CASE NO. 01 -5007 -CIV -GRAHAM, UPON EXECUTING A
RELEASE 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, David Sosa and Janet Sosa, filed a claim and
lawsuit against the Valentino of Miami, Inc., et al, in the
United States District Court, Southern District Of Florida, Case
No. 01 -5007 -CIV -GRAHAM, in Miami -Dade County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the City Attorney's Office pursuant to Section 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 recommends that the claim and lawsuit be settled for the
sum of $150,000;
CITY COM USSION
14EETMG O'F
DEC 1 2 200z
R"OlutiOn NO.
a2-1279
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
David Sosa and Janet Sosa the sum of $150,000 in full and
complete settlement of any and all claims and demands against the
City of Miami, for the case of David Sosa and Janet Sosa vs.
Valentino of Miami, Inc., et al, in the United States District
Court, Southern District of Florida, Case No. 01 -5007 -CIV -GRAHAM,
upon executing a release 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.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
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 2 of 3
02-1279
PASSED AND ADOPTED this 12th day of
ATTEST:
December
2002.
/lANUEL A. DIAZ, MAY
PRIS LLA A. THOMPSON
CITY CLERK
APPRO AS F AND CORRECTNESS IV
699:HJH:IR:BSS
Page 3 of 3
02-1279
CITY OF MIAMI CA -15
CITY ATTORNEY'S OFFICE
MEMORANDW
TO: Mayor and Members of the
FROM: Alejandro Vilarello,
DATE: December 5, 200
RE: Proposed Res for
Settlement of David
States District Coil
Case No. 01-5007
f7city Commission7m
0sa and Janet Sosa vs. City 1
Southern District of Florida,
V -GRAHAM (J-02-973)
December 12, 2002
Ziami, et al, in the United
The attached proposed Resolution seeks authorization to settle all claims against the City
of Miami and its officers in the above -referenced case in the amount of one hundred and fifty
thousand ($150,000) dollars.
This case involves two separate arrests. David and Janet Sosa ("Plaintiffs") sued the City
of Miami and three police officers claiming false arrest, battery, malicious prosecution, loss of
consortium and civil rights violations under both state and federal law.
Plaintiffs allegedly suffered permanent physical injuries and civil rights violations as a
result of two separate arrests of David Sosa and one arrest of Janet Sosa. The first arrest of David
Sosa and the only arrest of Janet Sosa occurred on March 31, 2001, outside a nightclub in
Coconut Grove. The second arrest of David Sosa occurred on February 2, 2002 outside a
nightclub in downtown Miami. All charges were either dropped or resulted in acquittals.
Funds in the amount of $150,000 are available for this settlement from the Self -Insurance
and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
W784:BSS
Attachment(s)
c: Carlos A. Gimenez, City Manager
Elvi G. Alonso, Agenda Coordinator
02--1279