HomeMy WebLinkAboutR-94-0019J-94-33
12/22/93
REsoLUrION N0. 9 4 - 19
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO MELVIN WHEELER, THE SUM OF $28,125.00 FOR
ATTORNEY'S FEES AND $1,765.39 IN COSTS AS PER THE
ORDER TO MOTIONS FOR ATTORNEY'S FEES AND COSTS DATED
OCMBER 26, 1993, IN UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, CASE No.
91-0084-CIV-KEHOE, FUNDS TO BE PROVIDED FROM THE
INSURANCE AND SELF-INSURANCE TRUST FUND.
WHEREAS, Melvin Wheeler, through his attorney, filed a claim and lawsuit
against the City of Miami, in the United States District Court, Southern
District of Florida, Miami Division, Case No. 91-0084-CIV-KEHOE, under 42
U.S.C. §1983 for excessive force and for negligence; and
WHEREAS, the above claim and lawsuit was tried in September, 1991,
resulting in a judgment against the City of Miami in the amount of $84,512.11,
which judgment has been paid; and
WHEREAS, plaintiff, pursuant to 42 U.S.C. §1983, filed motions for
attorney's fees and costs; and
WHEREAS, the Court, in its Order to Motions for Attorney's Fees and
Costs, awarded $28,125.00 for attorney's fees and $1,765.39 in costs;
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 to
Melvin Wheeler, the sum of $28,125.00 for attorney's fees and $1,765.39 in
i
CITY COVMSSION
RMETING OF
JA N 1 3 1994
IRVOWOU00 No.
94- 19
costs, in compliance with the Order to Motions for Attorney's Fees and Costs
dated October
26,
1993, in United States District
Court,
Southern District of
Florida, Case
No.
91-0084-CIV-KEHOE, said money
to be
provided from the
Insurance and Self -Insurance Trust Fund.
Section 3. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 13 th day of January , 1994.
ATTEST-.
ST HEN P. CLARK MAYOR
/� �1
MATTY HIRAI, CITY CLEI2b( v
BUDGETARY REVIEW:
Qlvc,
MANOHAR S URANA
ASSIS ITY MANAGER
PREPARED AND APPROVED BY:
CHARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
CCM:bf:M4046
SELF-INSURANCE TRUE FUND REVIEW:,
PA�(-Yh 62-21-4 _
SUJAN CHHABRA, IRE T
DEPARTMENT OF R MANAGEMENT
APPROVED AS '10 FORM AND
CORRECTNESS:
-2 i
94- 19
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA.=19
TO: Honorable Mayor and Members of DATE
the City Commission
SUBJECT
FROM : A. 4Lilnn es, III REFERENCES
City Att ney
ENCLOSURES:
J-94-33
December 16, 1993 FILE : L-90-28;
Melvin Wheeler v.
v. City of Miami
Case No.: 91-84-Civ-Kehoe
Claim No.: 015/PT-89-098
I am pleased to inform you that Senior United States
District Judge James W. Kehoe has entered an Order to Motions for
Attorney's Fees and Costs in the above captioned case which
essentially agrees with the City's legal memoranda submitted in
opposition to the plaintiff's Motion for Attorney's Fees and
Costs.
The lawsuit, which was tried in September 1991, sought
damages against the City, former police chief Perry Anderson, and
City police officer Robert Cousellant under 42 U.S.C. §1983 for
excessive force and for negligence. The plaintiff, who was 16
years old at the time of the incident (July 8, 1989), was a
passenger in a stolen automobile that was stopped by Officer
Cousellant. The plaintiff attempted to run away, and although he
was unarmed, he was shot in the stomach by Officer Cousellant.
As a result of that injury, the plaintiff was operated on at
Jackson Memorial Hospital, wherein a portion of his lower
intestines was removed. His medical expenses totalled
$14,512.11. The plaintiff demanded $200,000 to settle the
lawsuit.
At the conclusion of the plaintiff's case, the City
successfully obtained dismissals as to Anderson and Cousellant.
The jury returned a verdict finding that the plaintiff's
constitutional right to be free from excessive force during the
course of a valid arrest had been violated and awarded damages in
the amount of $84,512.11, which included the past medical
expenses of $14,512.11. That judgment has been paid.
Subsequent to the verdict the plaintiff, pursuant to 42
U.S.C. §1988, filed motions for attorney's fees and costs seeking
$60,000 in attorney's fees and $8,172.69 in taxable costs. The
City, in legal memoranda, acknowledged that §1988 and the federal
decisional law construing §1988, entitled the plaintiff to
recover attorney's fees and costs; however, the City disputed the
amount of the recovery. The Order to Motions for Attorney's Fees
and Costs awarded $28,125.00 for attorney's fees and $1,765.39 in
9 4- 19
costs, plus interest. The interest is calculated at the rate of
the federal treasury bill, and accrues from October 26, 1993, the
date of the Order.
The time has expired for the plaintiff to appeal the Order,
accordingly, I have attached hereto a proposed resolution
directing the payment of the attorney's fees and costs.
AQJ/CCM/bf/M599
attachment
aw
94- 19