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J-01-982
6/6/01 01- 598
RESOLUTION N0.
A RESOLUTION OF THE MIAMI CITY• COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE. TO PAY TO
GREGORY LANGSETT AND KATHLEEN LANGSETT,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$200,000, IN FULL AND COMPLETE SETTI;EMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, ITS OFFICERS, AGENTS AND
SERVANTS, INCLUDING ANTHONY PROFFIT, JAY J.
GROSSMAN, JUAN CASIANO, AND MICHAEL
BRYAN"i , FOR THE CASE OF GREGORY LANGSETT AND
KATHLEEN LANGSETT VS. CITY OF MIAMI, ET AL.,
UNITED STATES DISTRICT COURT CASE NO. 97-3323
CIV -GOLD, 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. 515001.629901.6.652.
WHEREAS, Gregory Langsett and Kathleen Langsett filed a
claim and lawsuit against the City of Miami in the United States
District Court Case No. 97 -3323 -CIV -GOLD; 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 18-232 of the Code of the City of Miami, Florida, as
CITY COMOSWON
XBRTING OF
JUN 1 4 2701
Livau4"m W.
®i- 598
amended, and recommend that said claims and lawsuits be settled
for the sum of $200,000;
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
to Gregory Langsett and Kathleen Langsett, without admission of
liability, the sum of $200,000 in full and complete settlement of
any and all. claims and demands against the City of Miami, its
officers, agents and servants, including Anthony Proffit,
Jay J. Grossman, Juan F. Casiano, and Michael Bryant for the case
of Gregory Langsett and Kathleen Langsett vs. City of Miami, et
al., United States Distract Court Case No. 97 -3323 -CIV -GOLD, 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 2 of 3 598
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.-:/
PASSED AND ADOPTED this 14th day of June , 2001.
JOE CAROLLO, MAYOR
In ammilanoe wilt► Miami Code Sec. 2.36, since the Mayor did not indleato approval of
this la*la*m by signing it in the designated prnvided, said lei;i:sl:,t
bccomos a feotW with dw elapse o!;on (1 da tinth o ofCcrnm an
ATTEST: nepwft sam. Without the Mayor�rpising _ /.
WALTER J. FOEMAN,
CITY CLERK
APPROV AS <ANCORRECTNESS:
O IL ELLO
PTTORNEY
W5375:Wa:La
1:f the Mayor does not: sign this Resolution, it shall become effective at
the and 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
01- 598
11
CITY OF MIAMI
CITY ATTORNEY'S OFFIC,
MEMORANDUM
Mayor and Members of the City Commission
H: Alejandro Vilarello, City Attorney
E: June 7, 2001
0
19B
Proposed Resolution — City Commission Meeting of June 14, 2001
Gregory Langsett and Kathleen Langsett vs. City of Miami, et al.
U.S. District Court Case No. 97 -3323 -CIV -GOLD
(J-01-482)
i... -The attached proposed Resolution seeks authorization for the settlement of all claims
.t the City of Miami, Police Officer Anthony Proffitt, Police Officer Jay J. Grossman,
Sergeant Juan Casiano and Police Sergeant Michael Bryant in the above -referenced case
amount of $200,000. This is a false arrest and excessive use of force claim all emanating
Officer Proffitt's arrest of the Langsetts at a University of Miami football game on
ber 23, 1996, at the Orange Bowl.
The City Attorney's Office, the Risk Management Division, and outside counsel have
estigated and evaluated this case and have approved the recommendation of this settlement,
a case is presently on appeal. Inasmuch as the judgment against the defendants is more than
ice the amount ($425,000) of the proposed settlement, the potential exposure to the City on
s claim on its merits and for outside counsel is in excess of the proposed amount, I recommend
Bement of this case.
Funds in the amount of $200,000 are available for this settlement from the SelAInsurance
I Insurance Trust Fund, Index Code No. 515001.424401.6.652.
Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
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