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HomeMy WebLinkAboutR-92-001612/12/91 RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MICHAEL ZIEGLER, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $85,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND CERTAIN OF ITS POLICE OFFICERS ALSO NAMED AS DEFENDANTS, IN UNITED STATES DISTRICT COURT CASE NO. 90-1430-CIV- MARCUS, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS, FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND. WHEREAS, MICHAEL ZIEGLER, through his attorney, filed a claim against the City of Miami and certain of its police officers for false arrest, assault and battery, Section 1983 civil rights violations and other claims; and WHEREAS, the above claims have been investigated by the Tort Division of the City Attorney's Office and the Risk Management Department, pursuant to Ordinance No. 84517, which created the i City of Miami's Self -Insurance Program, and said Office 7 recommends that these claims be settled for the sum of $85,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: i CiTYMF,Mj� Os J AN 9 1992 92- 16: rMwIN A. Section 1. The Director of Finance is hereby authorized to pay to MICHAEL ZIEGLER, without the admission of liability, the sum of $85,000.00 in full and complete settlement of any and all claims and demands against the City of Miami and certain of its police officers also named as Defendants, in United States District Court Case No. 90-1430-Civ-MARCUS, upon the execution of a release, releasing the City of Miami and certain of its police officers also named as Defendants from all claims and demands, said Funds to be provided from the Insurance and Self -Insurance Trust Fund. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of January , 1992. BUDGETARY REVIEW: MANOHAR S. SURANA ASSISTANT CITY MA -2- XAVIER L. FUAREZ, MAYOR 9 2 - 16 SELF-INSURANCE TRUS UND REVIEW: Awwi/. "- /, MAN S. CH , I CTOR RISK N SELF-INSURANC AN IN URANCE TRUS LEW M. FIRTEr, ( ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY OF MIAMI, FLORIDACA. 16 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: December 16, 1991 FILE: J-92-36 of the City Commission SUBJECT : Michael Ziegler v. City Settlement Authorization /v Case No. 90-1430-Civ-MARCUS FROM: Q inn J nes, III REFERENCES City Commission Agenda (City Att ney ENCLOSURES: 2 Attached is a proposed Resolution authorizing the Director of Finance to pay to Michael Ziegler, without the admission of liability, the sum of $85,000.00, in full and complete settlement of any and all claims and demands against the City of Miami and certain of its Police Officers, upon the execution of a General Release of all Claims. The complete evaluation of this claim is contained in the enclosed Tort Committee Settlement Memorandum. In brief, the claimant sustained injuries in an incident with City of Miami Police Officers, in which the officers are alleged to have used excessive force. This claim has been investigated by the Tort Committee and the Risk Management Department, and it is hereby recommended by this Office that in the best interest of the City of Miami, settlement be made in the amount of $85,000.00. AQJ/LMF/cm/P705 92-- 1� CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM �O Members of the TOr"t Co attee Law Department FROM Leon M. F irtel Assistant City A orney DATE December 12, 1991 `LE SUELIECT Michael Ziegler v City Case No. 90-1430-Civ-M"CUS Claim No. O1S/PT-88-129 9E=ERENCES L-90-162 ENCLOSURES On April 13, 1988 at approximately 6:00 P.M., the Plaintiff claims that he was travelling in the Wynwood area looking for his automobile mechanic, a fellow by the name of Brooha. The Plaintiff claims that he was speaking to a group of individuals gathered on a street corner as to whether or not they had seen Brooha when all of a sudden two unsavory looking characters roared out of a parking spot and tried to cut off his vehicle. The Plaintiff claims he became scared and took off in what became a "chase" of a sort which concluded at approximately 40th Street and North Miami Avenue when the Plaintiff turned the corner and saw some marked police vehicles in front of him. He felt he was saved and stopped his car and the next thing he knew he was being dragged out of his vehicle at gun point and was then thrown to the ground, punched and kicked in and about his face and torso. The Plaintiff's basic story is corroborated by two witnesses. First the Plaintiff's passenger who was also allegedly punched and kicked at the conclusion of the "chase" and secondly, by a bystander who heard the "chase" and then approached the scene only to be arrested himself when he protested the treatment (alleged beating) he observed that was being meted out to the Plaintiff and his passenger. The Plaintiff and his passenger state that at no time during the "chase" did they know that their pursuers were police officers. The police officers who were initially involved in the incident claim that they overheard the initial request from the Plaintiff regarding Brooha's whereabouts and at the same time they heard the Plaintiff exclaim (words to the effect) that he was going to kill Brooha when he found him because he (Brooha) had ripped him off* in a drug deal. At that time, according to the officers, one of the individuals on the street corner then said something to the effect that you better watch your mouth since these fellows are police officers. At that point in time, the Plaintiff sped away and the police officers thinking that he was armed, and having overheard his threat against Brooha, followed after him in their unmarked- vehicle. Other police �2-. 16 i Page 2 Tort Committee December 12, 1991 Michael Ziegler vehicles, also unmarked, became involved in the "chase" and finally the Plaintiff stopped near 40th Street and North Miami Avenue, where he was arrested. All of the officers interviewed denied striking the Plaintiff or his passenger; however, it was admitted that when the Plaintiff was removed from his vehicle it was not done in a very tender fashion and the action was taken at gun point. The officers also admit that the Plaintiff "went to the ground" after being removed from his vehicle. Unfortunately, the arresting officer who prepared and signed the arrest affidavit is presently being criminally prosecuted on other charges and he has therefore refused to give a deposition in this matter. Similarly, another officer involved in this incident was William Lozano, who we believe was the transporting officer, but Lozano also refuses to give a statement because of the pending manslaughter charges against him in the Lloyd/Blanchard case. These procedural problems become important since the officers who have given statements, while denying the beating, also take issue with, or do not support, certain statements made in the arrest report. Also, they cannot explain certain of the charges filed against the Plaintiff which included aggravated assault on a police officer, reckless driving, fleeing the police, and resisting arrest without violence. Needless to say, all of the charges against the Plaintiff were dismissed. Plaintiff remained in jail overnight. He stated during his deposition that he refused medical treatment while in jail because the officers who had beaten him were present at the time he was offered aid and he feared being beaten again. Pictures taken of the Plaintiff at Metro -Dade Jail disclose the wounds and injuries in and about his face, which are problematic. There were no pictures taken during his processing at the Miami Police Department, apparently because of an oversight since he was charged not only with a felony, which is usually processed at the Miami Police Department, but also with misdemeanors which are not processed at the Miami Police Department. The Plaintiff next sought medical care at St. Francis Hospital on the afternoon of April 14, 1991, which was approximately ten hours after his rolease from the Dade County Jail. The doctors refused to treat him until the Miami Police Department was contacted. An investigator from Internal Affairs came to St. Francis Hospital and spoke with the Plaintiff who described the incident; however, the Plaintiff did not come to the station as requested in order to give a formal statement and 92-- 16 4-1 Page 3 Tort Committee December 12, 1991 Michael Ziegler the investigation was dropped. Most importantly, the diagnosis at St. Francis Hospital was a fractured zygomatic arch and contusions on his face and body. These matters are confirmed by pictures taken at the hospital by the officer who conducted the interview. As previously stated, the Plaintiff apparently suffered a fractured left zygomatic arch during the course of the incident. The zygomatic arch is the area surrounding the eye. In addition, the Plaintiff's medical providers state that as a result of the zygomatic arch injury, the Plaintiff suffered nerve damage to his face, a punctured eardrum (which has been surgically repaired), hearing loss, and had numerous caps knocked out of his mouth which required extensive dental treatment. Plaintiff, through his physicians, claims that he has daily pain as a result of the zygomatic arch fracture and the hearing problem. His doctors have stated that the Plaintiff needs surgery to correct the facial deformity but that he will continue to have pain and headaches despite the reconstructive process. Further, the doctors state that Ziegler, because of the nerve damage, could undergo an expensive nerve block procedure, but there is only a 50-50 chance of that procedure reducing or controlling his pain. Plaintiff's medical bills, resulting from the incident, total approximately $39,000.00 and there are liens outstanding totalling approximately $25,000.00. This case is set for trial in the early Spring of 1992 before Judge Stanley Marcus in the United States District Court. Although Plaintiff has sued the City and the officers involved in the incident, it is quite clear that the Section 1983 claim against the City cannot be proven, but the negligence and assault and battery claims against the officers and the City on a vicarious liability basis are, needless to say, quite problematic. Plaintiff is represented by Loren Cohen and Isaac Mitrani. These lawyers have had a great deal of experience and success in police brutality cases. Plaintiff's attorneys have demanded the sum of $130,000.00 to settle this case. y2_ 16 S i Page 4 Tort Committee December 12, 1991 Michael Ziegler While the Plaintiff does not make the best appearance, his story, as supported by the witnesses, the difficulty with the police officers' testimony, the medical bills and damages, cause me to evaluate the case, inclusive of all the foregoing factors, in the verdict range from a low of $65,000.00 to $75,000.00 to a high of $200,000 to $250.000.00. In discussions with Plaintiff's counsel I have presented the City's arguments in the best light and I believe that a settlement of this matter can be obtained for a sum less than $100,000.00. I am, therefore, requesting $90,000.00 in authority on this matter, since I believe that it will be in the best interest of the City to dispose of this case by way of settlement. Please indicate you apprP/disapproval below. A QUIN�JO 5, IIY C TY ATTOi4 CHARLES C. MAYS CHIEF ASSISTANT CITY ATTORNEY 01 CHRISTOPHER F. RURTZ ASSISTANT CITY ATTORNEY W REN R. BITTNER� SISTANT CITY ATTORNEY 9 2 --- 16 0 E c- 1 1- 9 1 WED 1 T: 2 2 LAW D E P T, Page 5 December 12, 1991 Tort Committee Iitchael Ziegler HUBERTO HERNANDU .00 4/r ASSISTANT CITY ATTORNEY — -•-..tea �-- � °� THERESA G RTFN ASSISTANT CITY ATTORNEY SUJAN CMiABRAMICHAEL MISLER Ri$K HA A EMEN I►MF/cm/P680 -. 5?-- 16 7