HomeMy WebLinkAboutR-01-0035J-01-7
12/8/00
RESOLUTION NO. -�
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
RAUL SOSA AND MAURA SOSA, WITHOUT ADMISSION
OF LIABILITY, THE SUM OF $380,000, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, FOR
THE CASE PAUL SOSA AND MAURA SOSA, HIS WIFE
VS. CITY OF MIAMI, ET AL. IN THE FEDERAL
COURT CASE NO. 97-3097-CIV-NESBITT, 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
THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.652.
WHEREAS, Raul Sosa and Maura Sosa, filed a claim and lawsuit
against the City of Miami, et al. in the Federal Court Case
No. 97-3097-CIV-NESBITT; and
WHEREAS, 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 18-232 of the
Code of the City of Miami, Florida, as amended, and recommend
that said claim and lawsuit be settled for the sum of $380,000;
CITY COMMISSION
MEETING OF
lAN
hesoi_Uuorl IVU.
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 hereby authorized
to pay Raul Sosa and Maura Sosa, without admission of liability,
the sum of $380,000 in full and complete settlement of any and
all claims and demands against the City of Miami, for the case,
Raul Sosa and Maura Sosa vs. City of Miami, in the Federal Court
Case No. 97-3097-CIV-NESBITT, 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 therefor hereby allocated from the
Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.652.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
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 2 of 3 ®r
PASSED AND ADOPTED this 1 -11th day of January 2000.
JOE CAROLLO, MAYOR
In accordance with Mh'tmi Code Sec. 2-36, since the Wiyor did not ppprn�,<.[
this 45s3ation by sic
gning it in the
b0ml-Me-q 04fective with thu--.!2pso of ,Cf,j &
(10) davn t-ol-n -i A
TC*QvdLRju same, withot,:t Gxt-M, nIc..I In M-(
ATTEST:
WALTER J. FOEMAN
CITY CLERK
4934:CCM:kd:BSS
CORRECTNESS:/
Page 3 of 3.4 of.-
10 1 10) J
CITY OF MIAMI � O
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City
FROM: Alejandro Vilarello, City
DATE: January 4, 2001
RE: Proposed Settlement
Commission Meeting of January 11, 2001
Raul Sosa and Mau osa v. City of Miami and
Officers Jose Acu , Juan Vera, Jose Garcia and Luis Diazlay
Case No. 97-3097-CIV-NESBITT
Claim No. 012/PT/97-017
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami, without admission of liability, in the amount of $380,000 payable to
Raul Sosa and Maura Sosa, his wife. The Torts Committee of the City Attorney's Office and the
Risk Management Division have investigated and evaluated this case and have approved the
recommendation of this settlement. Funds in the amount of $380,000 will be allocated from the
Insurance and Self Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Plaintiffs filed a multi -count complaint against the City and several City Police Officers
for damages arising out of an incident that occurred on November 3, 1995, wherein Raul Sosa
claimed he was falsely arrested. In another incident that occurred on December 29, 1995, the
officers are alleged to have improperly executed a search warrant at the Sosas' residence,
battered Mr. Sosa, ransacked the residence, and falsely arrested Mr. Sosa.
The jury returned a verdict finding in favor of Officers Acuna and Vera on all claims, and
finding the City not liable with respect to the November 3, 1995, false arrest claim. The jury
found the City liable for the December 29, 1995, false arrest in the amount of $175,000; finding
against Officer Diazlay for battery and awarding $175,000 and against him for violation of Mr.
Sosa's civil rights, awarding $200,000. The jury further found against Officer Garcia for battery,
awarding $75,000 and against him for violation of Mr. Sosa's civil rights, awarding $100,000.
Mrs. Sosa was awarded $50,000 for loss of consortium.
Following post -trial motions by the defense, the verdict, which totaled $775,000, was
reduced by the Court to $300,000.00 and a new trial was ordered on Mrs. Sosa's loss of
consortium claim. Mr. and Mrs. Sosa have filed an appeal of that ruling. Settling this lawsuit
for $380,000 will dispose of the appeal, a separate civil rights claim filed by Mr. and Mrs. Sosa,
and avoid a judgment being entered against the officers.
W025:CCM:kd
Attachment
c: Carlos A. Gonzalez, City Manager
Elvi Alonso, Agenda Coordinator
01- 35
CITY OF MIAMI
CITY ATTORNEY'S OFFICE Q ! AN - 3 AM 9:0 7
MEMORANDUM
TO: Linda Haskins, Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney
DATE: January 2, 2001
RE: Financial review and approval for Settlement
Proposed Resolution -City Commission Meeting of January 11, 2001
Raul and Maura Sosa vs. City of Miami, Case No. 97-3097-CIV-NESBITT
Claim No. 012/PT/97-017
Attached is a copy of a resolution sch duled fq Pe CVy Commission Agenda of
January 11, 2001. If approved, the case of Raul a d MaurcySos ity of Miami, U.S. District
Court for the Southern District of Florida, Case No. - -(17V-NESBITTAvil1 be settled for
$380,000. Funds are available from the Self -Insurance and Insurance TrustYund, Index Code
No. 515001.624401.6.652.
Please indicate your review and approval hereinbelow by affixing your signature
and return this original memorandum to Beverly Solomon, Administrative Assistant II, of
this office as soon as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
'l
MARIO SOLDEVILLA
IUMI 7MN)"A
W519:LB
Attachment
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
(;�IVDA HASA
DIRECTOR