HomeMy WebLinkAboutR-00-0038J-99-974
11/5/99
V
RESOLUTION NO. CO '®' 0,38\
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
JANEKA BROWN, A MINOR, WITHOUT ADMISSION OF
LIABILITY, AND TO THE ESTATE OF RICHARD
BROWN, WITHOUT ADMISSION OF LIABILITY, A
SETTLEMENT IN PERIODIC PAYMENTS OVER TWO
FISCAL YEARS, IN FULL AND COMPLETE
SATIFACTION OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE OF
JANEKA BROWN, A MINOR, THROUGH HER LEGAL
GUARDIAN, CHARLIE MAY ELLIS, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF RICHARD
BROWN, IN THE UNITED STATES DISTRICT COURT IN
THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.
97 -2415 -CIV -JORDAN, 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, Janeka Brown, a minor, through her legal guardian,
Charlie May Ellis, as Personal Representative of the Estate of
Richard Brown, filed a claim and lawsuit against the City of
Miami, U.S. District Court Case No. 97 -2415 -CIV -JORDAN, in and
for the United States District Court Southern District of
Florida, in Miami -Dade County,' Florida; and
CITY COMMISSION
MEETING OF
JAN 1 3 2000
Resolution No.
Code of the City of Miami, Florida, as amended, which created the
City of Miami's Insurance and Self -Insurance Trust Fund and
recommend that said claim and lawsuit be settled for the sum of
$2,500,000;
WHEREAS, said offices recommend to pay Janeka Brown, a
minor, the sum of $2,500,000 with the first payment of $1,000,000
being made within thirty (30) days of all necessary approvals,
and to pay the Estate of Richard Brown, the sum of $500,000 with
the first payment of $250,000 being. made within thirty (30) days
of all necessary approvals, and the balance to be paid in the
same amounts by October 30, 2000, without any admission of
liability;
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
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Director of Finance is hereby authorized
to pay Janeka Brown, a minor, without admission of liability, the
sum of $2.,000,000 and the Estate of Richard Brown, without
admission of liability, the sum of $500,000, for a total
settlement sum of $2,500,000, in full and complete settlement of
any and all claims and demands against the City of Miami, for the
case Janeka Brown, a minor, through her legal guardian, Charlie
-
2-
066
Y
May Ellis, as Personal Representative of the Estate of Richard
Brown, in the U.S. District Court Case No. 97 -2415 -CIV -JORDAN,
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 Trust and Insurance Fund, Index
Code No. 515001.624401.6.652.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorl�.
PASSED AND ADOPTED this 13th day of 'Januar._y 2000..
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not ind nets approval of
this legislation by signing it in the designated place provided, sari
becomes effective with the elapse of ten (10) days orn the ^i Comrrsiss:. n
regarding same, without the MaYer exercises a to.
ATTEST:
Walter J'Fc_i,tai Clerk
WALTER J. FOEMAN
CITY CLERK
....
MAN ►'i..
�L Dt�VI E L L 0
C
ATTORNEY
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�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.
- 3- 61 0— 038
1.
CITY OF MIAMI
CITY ATTORNEY'S OFFICE 35
MEMORAN]3ftl
TO: Honorable Mayor and Memb oftl}�`City Commission
FROM: Alejandro Vilarello, City At - -
DATE: November 12, 19
RE: Janeka Brow 1. v. of Miami, et. al.
Case No. 97-2415-C -GR ARAM, LT -97-239,
Claims No. 015/PT 6-054; J-99-974
This lawsuit involves a claim against the City and seven police officers in a federal civil
rights action and a state law claim for wrongful death. In addition to compensatory damages, the
plaintiffs seek punitive damages against the officers. The claims brought by the plaintiffs,
Richard Brown, deceased, and Janeka Brown, a minor, arise out of an incident wherein Miami
police officers attempted to execute a search warrant at the plaintiffs' residence on the night of
March 12, 1996. The incident, wherein the officers fired 122 rounds, concluded with the fatal
shooting of Richard Brown, the near -shooting of Janeka Brown, and an officer being accidentally
shot by a fellow officer.
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami and the seven police officers named as defendants, without admission
of liability, in the amount of $2,500,000 payable to Janeka Brown and the Estate of Richard
Brown over two fiscal years. 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 $2,500,000 will be allocated from
the Insurance and Self Insurance Trust Fund, Index Code No. 515001.624401.6.652.
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c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
EIvi Alonso, Agenda Coordinator
00- 038
u
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Luie Brennan, Acting Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney&
DATE: December 6, 1999
RE: Financial review and approval for Settlement
Janeka Brown, et al. v. City of Miami, et. al.
Case No. 97-2415-CIV-6RAHAM, LT -97-239,
Claims No. 015/PT/96-054; J-99-974
Attached is a copy of a resolution which is being placed on the City Commission Agenda for the
meeting of December 14, 1999. The attached proposed Resolution seeks authorization for the settlement
of all claims against the City of Miami and the seven police officers named as defendants, without
admission of liability, in the amount of $2,500,000 payable to Janeka Brown and the Estate of Richard
Brown over two fiscal years. 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 $2,500,000 will be allocated from the Insurance and Self
Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Please indicate your review and approval hereinbelow by affixing your signature and return
this original memorandum to Rita Lagace, Administrative Assistant I, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
s
MARIO SOLDEVILLA
ADMINISTRATOR
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REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
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