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Home My WebLink AboutR-96-0669w A I� s J-96-656 9/16/96 RESOLUTION ISO. 9 6 -- 6 6 9 A RESOLUTION AT]THORIZING THE DIRECTOR OF FINANCE TO PAY TO TERRI LYNN TILLMAN, THE T(JTAL SUM OF $170, 000.00, 'WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND COMPLE'TE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AfiAIKST THE CITY OF MIAMI, IN THE UNITED STKrES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 93-2080-CIV- MUCUS , UPON THIS EXEC'IMION OF A GENERAL, RELEASE RELEASING THE. CITY OF MIAMI FROM ANY AND, ALL CLAIMS AND DEMANDS; ALLOC:AT.ING FUNKS THEREFOR FROM TM CITY OF MIAMI SELF- INSURANCE AND INSURANCE TRUST rFTJND, INDEX CODE NO. 620103-661 FOR PAYMEX"r OF SAID SETTLEMENT.. NRER, Terri Lynn Tillman, by and through her attorneys, has filed claims and lawsuit against the City of Miami in the United States District Court, Southern District of Florida, Case No. 93-2080-C'IV.-.KARCUS, for violation of her civil rights against the, City and also a state claim tinder a t1haeory of respondent superior against the City; and WHEREA.S, the above claims and lawsuits have been 11 investigated by the Tort Committee of the City .Attorney's office and the Division of Risk Management, pursuant to Ordinance No. 8417, which created the City of Miami Self -Insurance and insurance Trust Fund; and AREAS, said Offices recommend that the total sum of $170,000.00 be paid without any admission of liability in full EYHjO OF 1996 96 - 669 1 and complete settlement of any and all claims and demands against the City of Miami in the United States District Court for the Southern District of Florida, Case No. 93-2080-CIV-MARCUS, including attorneys fees and court costs; and WHEREAS, funds are available from the City of Miami Self - Insurance and Insurance Trust Fund for the payment of said Settlement; NOW '1�iEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OP MIAMI , FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted 1 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 to Terri Lynn Tillman, the total: sum. of $170, 000.00, without any admission of liability, in full and complete settlement of any and all claims and demands against the City of Miami in the United States District Court for the Southern District of Florida, Case No. 93 -2080-CIV-MR.C.US, upon the execution of a General Release releasing the City of Miami from any, and all claims and demands, with funds therefor hereby allocated from, the City of Miand Self -Insurance Trust wand, Index, Code No. 620103-661 for said Settlement. Section 3. This Resolution shall become effective immediately upon its adoption. - 2 - 96- 669 PASSRD AND ADOPTED this 2.6th day of September, 3.996. UDE CAROLLO, MAYOR VALTHR J.( CITY CLERS' RISK MAX&GEMENT REVIEW: 9VMTK'X. ROLLASON, DEPUTY (31IRF CHIEF OF, RISK MANAGNMEMr, FINANCIAL AND BUDGETARY REVIEW: oaf MICHAEL' G VLAVIN, DIRECTOR :OF FINANCB-' PREPA h 4D A? PRO A.SSISTAIQT CITY AffOIMY APPROVED AS TO FORM AND CORRECTNESS: - 3 - 96- 669 wvr�'.rvw� • n• � • � CITY OF MAW FLOIJIUA II TER-OFFIC9 MEMORANDUM H-OW'MMIS Mayor raid Me mbcre o►�r, July 17, 1996 q�t; . 3..pb� 56 Ortha City Ct�r�m� %tle t of Teri Lynn "Y't��aatn V. City fir lT Cm No 93-2-CIV-MARC(JS United States Aisk6at Court, Soutisc Dwict or Flor4k r� A. QWtm Joneaa, LU PIMIM,css: City Commission Mecting - July 25, 1996 Cif,. Attot'" (1) e-ercco�e� Tim attAchad 'itaoludou is being submittod for your corWdmtion tank ruing the ahorve. r�+rcrrnce� e;,a��. M ram ivvohes a sexes! battery (rape) by a p0ice oMccr on a 25-year old woman that oeacurevd on lywAm er G. 1990 dating the course: of a drug raid by the City of Aftirl Police Dep"Unam 11"'i" (Push Out ur k. TIwe is no question but that the pm1m w0ge d in sm how , Ms. "I'i 1man. tlte; talidteeiff, t1skm dw she Wes tomd into the act wW* the fortes ice *ftl sr. co-defbw&M t omrd Fowkr, clakm thyit wat cmomSued IFovAa was subsequaitly dwSad with Involuntary, so" baucrY avid was tsoAuitte d la tlto criminal court. But it is imporWa to frame that ft swftM and baz"es for lsaMy M. tlse cn1 nutW differs graratly ileum the 1tabdity quesdom that atc at ;sauc ?A thi$ civil canna. u ' 'tyre PI2Isrtit7°clRUM that ccr9.ala M.alleia and prutices of the City of 14laNW P06" Defonmeri►, add mW inddent to s3ct'sir. to fba. Plaindrs expat witrtses will to ie r drat be owerc the City's �PcEdes a so tax or ottxaiaz naslismt and improper, it was inevitable that an isxidem amh as dit end omr. 71)b City`s axpan on the other hated disputtas then IPlaintii a thoorieu of Hability. Pleiat ' ciai-Ane'i dua die hss beret damevd by 0,* net itWC has eve Wsw :mod that she has twn a Sit to riaEenWr, a norzrsal relationship with rtso and no longer cojoys fie. Pei preamts a Fl°g apatwccs and dcpac4diwig upon, Zhe y+ary that, ultirr►a6:y is teal, ih+�te is a v+asaai e#satt fleet a vadid would be *wardod in which case. the My vmWd then be wme liable 1br atto meyr's fees uada the Civil Rights Act and it is estimated that blued uptm the time voexW In praiadcx tbW; cam fbr,MW, tlte» Coufi waedd award approximately $100,000.00 in attomvy'a fm Mom not to weatkm tde imunt thAtM;Sk be &waeded by the Jury to PiWnt i by way of a verdict. We We attended two r wTaons, ire tWa meatier and arc aoeorma cnrAn,; that as solment tw &C W' that. PlAsitiff he pe.id ehe sum of $170.000.00 in jilt mW complete saWanregit of her cledini. Orcoarse: th1tre wifl be no aeinaissiort ofli4bility ad all appropriate invettigatory radhods hers bow and in preparing Use cm for maw and bring it before the Cowissiwa 1br purpmo of senkmint bwjed upon the re4soring provided) harm. AQ1i7.MFrjC 96— 669 •�' � % Fd(�i �:"�.�'. �f`IiK'::i�1 � 1 4'1AM•M.YTe"1J �W . fi' 7 /Y O 4 1�:� 'I