HomeMy WebLinkAboutR-94-0839J-94-879
11/1/94
RESOLUTION NO. 9 839
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ABILIO CAMPOS, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF ROLANDO
RIVERO, DECEASED, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $115,000 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI (INCLUDING
ITS AGENTS, SERVANTS, AND EMPLOYEES), UPON
THE EXECUTION OF A RELEASE, RELEASING THE
CITY OF MIAMI FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE
SELF-INSRUANCE AND INSURANCE TRUST FUND.
WHEREAS, Abilio Campos, individually and as personal
representative of the Estate of Rolando Rivero, deceased, and for
the benefit of his next of kin Jose Rivero, father, Blanca
Campos, sister, Ricardo Rivero, brother, Reynaldo Rivero,
brother, and Raul Rivero, brother, through their attorney, filed
a claim against the City of Miami, in the United States District
Court, Southern District of Florida, Case No. 90-2374-CIV-
HOEVELER, arising out of an incident which occurred on August 14,
1989; and
WHEREAS, the above claim has been investigated by the Tort
Committee of the City Attorney's Office and the Department of
Risk Management, pursuant to Ordinance No. 8417, which created
the City of Miami's Self -Insurance and Insurance Trust Fund; and'
CITY COI�IT41SSION
blEET T.V G OF
N 011 1 7 1994
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Resolution No.
94— 839
WHEREAS, said Offices recommend the sum of $115,000 be paid,
without any admission of liability;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay to Abilio Campos, as personal representative of the Estate
of Rolando Rivero, deceased, without the admission of liability,
the sum of $115,000 in full and complete settlement of any and
all claims and demands against the City of Miami (including its
agents, servants and employees), upon the execution of a release,
releasing the City of Miami from all claims and demands, with
said funds therefor hereby allocated from the Self -Insurance and
Insurance Trust Fund.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 17th day of November , 1994.
SYEPHEN P. CL K, MAYOR
ATTEST:
' a-211,t
MATTY HMI
'f CITY CLERK
-2-
94- 839
BUDGETARY REVIEW:
A z"
ANO S. ASSI ANT0TUANA.
Y MANAGER
SELF-INSURANCE TRUST FUND REVIEW:
A41I%hA G
FRANK K. RMLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
PREPARED AND APPROVED BY:
CHARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A: QU7NN q0WS, II
CITY ATT Y
CCM:bf:M 696
-3-
94- 839
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members DATE
of the City Commission
SUBJECT:
FROM : A. Qu nn J s, III REFERENCES:
City Atto y
ENCLOSURES:
all
J-94-879
November 1, 1994 FILE:L-90-286
Abilio Campos, etc., et al.
v. City of Miami, etc., et al.
Case No. 90-2374-CIV-HOEVELER
Date of Incident: 8/14/89
REQUEST FOR FORMAL RATIFICATION OF SETTLEMENT
Attached is a proposed resolution authorizing the Director
of Finance to pay to Abilio Campos, as personal representative of
the Estate of Rolando Rivero, deceased, the sum of $115,000, in
full and complete settlement of any and all claims and demands
against the City of Miami (including its agents, servants, and
employees), upon the execution of a release, releasing the said
party from any and all claims and demands.
The decedent, Rolando Rivero, was shot and killed by a SWAT
officer on August 14, 1989. Mr. Rivera was 57 years old and is
survived by his father and four siblings. The personal
representative of Mr. Rivero's estate filed suit for damages in
federal court on behalf of the estate and his survivors against
the city, the police officer, and the chief of police. The
lawsuit presented claims for violation of federal civil rights,
as well as Florida wrongful death claims. Punitive damages are
sought against the individual defendants in both the federal and
state claims.
As you recall from the previous correspondence, Mr. Rivero
was a mentally deranged adult who had barricaded himself in his
home following an attempt by uniformed officers to effect his
warrantless arrest for threatening his neighbor. In an attempt
to force him from his home, SWAT officers fired multiple ferret
rounds of tear gas into Mr. Rivero's house. Thereafter, a SWAT
entry team attempted to physically apprehend him inside the
house, which resulted in additional deployment of tear gas with
an Israeli gas gun. When Mr. Rivero exited his house, the fatal
confrontation occurred between Mr. Rivero and a SWAT officer.
The facts and the controlling law very favorably support the
conclusion that the incident was not violative of constitutional
rights or gives rise to tort liability. However, the possibility
cannot be ignored that a jury could find for the plaintiffs
against one or more of the defendants. In the event of the
latter disposition, the exposure of damages greatly exceeds the
settlement recommendation of $115,000. 94- 81339-
Honorable Mayor and Members November 1, 1994
of the City Commission Page 2
Accordingly, it is herewith recommended that this lawsuit be
settled in the amount of $115,000, without admission of
liability.
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