HomeMy WebLinkAboutR-92-0786M
J-92--506
11/20/92
RESOLUTION NO.
92- 786
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO RENE VELASQUEZ AND MARK L.
BRUMER, ESQUIRE, HIS ATTORNEY, THE SUM OF
$9.792.65, IN FULL AND COMPLETE SATISFACTION
OF JUDGMENT AGAINST THE CITY OF MIAMI, IN
CIRCUIT COURT CASE NO. 91-04106 CA 19, UPON
THE EXECUTION OF A SATISFACTION OF' JUDGMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FUNDS TO BE PROVIDED FROM THE INSURANCE AND
SELF-INSURANCE TRUST FUND.
WHEREAS, Rene Velasquez, through his attorney, filed a claim
and lawsuit against the City of Miami, in the Circuit Court of
Dade County, Florida, Case No.: 91-041.36 CA 19, for a false
arrest arising out of an incident involving City of Miami police
officers that occurred on May 14, 1990, at 2381 Northwest 30th
Street, in Miami, Dade County, Florida; aDd
WHEREAS, the above claim was triad before a jury .resulting
in a verdict against the City of Miami, and the entry of a Final
Judgment in the amount in the amount of $9,792.65, including
costs;
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 Rene Velasquez and Marc L. Brumer, Esq., his attorney,
nv COMMSSJOrj
14ELTING OF
DEC 1 0 1992
R000lutionNo. �°
92- 86
torthwi.th, I-lw� sum of $9,79�' .G5, i1) f1111_ r)110 compiet(,
sati_sf:actiori (A, the Final- Judgment-- against the City of Miami, in
Circuit Court Case No.: 91-041.06 CA 1.9, upon the execution of a
Satisfaction of Judgment in a form acceptable to the City
Attorney, said money to be provided from the Insurance and Self -
Insurance Trust Fund.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this loth day of_ December� 1992
ATTEST,,'
MATT HIRAI
CITY CLERK
SELF-INSURANQ-1� TRUST FUND REVIEW:
��..�S J S . t/CHHABRA, DIRECTOR
DEPARTMENT -01! RISK,MANAGEMENT
'DGETARY REVIEW AND APPROVAL:
WS. SURANA
T CITY MANAGER
-2-
XAVIER L. �$UAREZ; MAYOR
92- 786
PREPARED AND APPROVED BY:
CHARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
As/ QU JONt III
CITY ATTORNE
M3270/CCM/bjr
—3-
92- 786
C i (' ( j i.'Ir,J-'Ir�,5� r7
IIJI-car ICE MEMORANDUM
TO Honorable Mayor and Member. Dr,r- November 19 , 1992 ail'
of the City ConITId.SS iOTI
Ror:, CixiiTln J nes
City At t -ney
i
SAJR'EC•T Judgment in Rene Velasquez
V. City of Miami
Case No. 91-04106 CA 19
RErr_Rr_NCEsClaim No.: 015/PT-90-078
D/I: 5/14/90
ENCLOSURES
Please be advised of the judgment for damages and costs
against the City in Rene Velasquez v. City of Miami, Case No.:
91-04106 CA 19 for $9,792.65. Notwithstanding the monies that
the City must pay, the result obtained in this case is extremely
favorable to the City. The facts of this case are as follows:
Mr. Velasquez, a 61 year old Dade County businessman with no
y prior arrest record, sued the City for damages for having falsely
arrested and imprisoned him on May 14, 1990. The arrest came
about as a result of a telephonic complaint to the police
department, made by Mr. Velasquez' estranged girlfriend. She
reported an argument between herself and Mr. Velasquez and that
he had a gun. When City officers responded to the scene, Mr.
Velasquez was not there, however, he did arrive within a few
seconds thereafter.
Upon Mr. Velasquez' arrival, the officers ordered him to
exit the car. He was then searched at gun point. The search
disclosed a pistol in his pants pocket and that he was wearing a
bullet proof vest. Mr. Velasquez presented the officers with a
valid permit to carry a concealed firearm.
He was arrested and transported to jail for wearing a bullet
proof vest while committing an aggravated assault upon his
girlfriend in violation of section 775.0846, Florida Statute. He
was released on his own recognizance the next evening. However,
prior to his release he was attacked and beaten by a fellow
inmate because he refused to give his assailant a pack of chewing
gum.
Mr. Velasquez, who has a history of cardiac and hypertension
problems, sought medical attention after he was released from
jail. His anxiety and depression over the incident lead him to
the services of a psychiatrist.
As a practical matter, the officers did not have a legal
basis for arresting Mr. Velasquez. The statute does not
criminalize the wearing of a bullet proof vest, instead the
statute criminalizes wearing a bullet proof vest when the
arrestee is committing specifically enumerated felonies. The
y 1- 18 6 014141--/
H0norah1e Mayor '-11. "bellbex's
of the C' i.i:y C_"ox1�m t ss.i_on
Nnveml)er I)
P ge- _2
underlying felony was for aggravated assault upon the girlfriend,
but she never told the officers that Mr.. Velasquez had actually
threatened her with the pistol., or that lie had even displayed the
same during their argument. Nor was there any other evidence to
suggest that he did so. Therefore the arrest was not supported
by probable cause, and was therefore invalid. Technically, Mr.
Velasquez was entitled to a directed verdict on the .issue of
liability (which means that the jury would only consider the
issue of damages). The City was able to defeat Mr. Velasquez'
motion for directed verdict.
Mr. Velasquez demanded $100,000 for damages. The jury,
consistent with the nominal sum recommended by the City,
concluded that Mr. Velasquez was falsely arrested and awarded
damages in the amount of $8,000. (The City had reserved the case
for $50,000.) In addition to the $8,000 in compensatory damages
under the law lie is also entitled to $1,792.65 for costs, for a
total of $9,792.65.
M092/AQJ/CCM/bjr
Enclosure
21-