HomeMy WebLinkAboutR-91-0203J-91-221.
3 f 04/91
RESOLUTION NO. 91' .- 203
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO LEONARD FRANK THE SUM
OF $35,0001 WITHOUT THE ADMISSION OF
•LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND
CERTAIN OTHER DEFENDANT(S), UPON
EXECUTION OF A RELEASE, RELEASING THE
CITY FROM ALL CLAIMS AND DEMANDS.
WHEREAS, LEONARD FRANK, through counsel, filed a claim
against the City of Miami and other Defendants, resulting from an
incident which occurred on July 31, 1989 at or near Kennedy park,
Miami, Dade County, Florida; and
WHEREAS, it is advantageous for the City of Miami to effect
a settlement of said lawsuit; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office and in accordance with
Ordinance No. 84-17, which created the City of Miami's Self -
Insurance Program, the City Attorney's Office recommends that the
claim be settled without the admission of liability for the sum
of $35,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director
of Finance is hereby authorized
e
to pay to LEONARD FRANK, the
sum of $35,000, without the
s>
admission of liability, in full
and complete settlement of all
claims and demands against the
City of Miami in Circuit Court
{
Case No. 90-51804 and United States District Court Case No. 90-
1340-Civ-SPELLMAN, said payment to be made upon the execution of.
a Release releasing the City
of Miami and certain other
Defendant(s) from all claims and
demands.
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CITY
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LIARMot
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PASSSD AND ADOPTED this 14th dap of March , 1991.
J-91-221
3/04/91
RESOLUTION NO. 91- 203
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO LEONARD FRANK THE SUM
zy
OF $35,000, WITHOUT THE ADMISSION OF
LIABILITYt IN FULL AND COMPLETE
i74
SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND
CERTAIN OTHER DEFENDANT(S), UPON
EXECUTION OF A RELEASE, RELEASING THE
CITY FROM ALL CLAIMS AND DEMANDS.
ig 77;7
WHEREAS, LEONARD FRANK, through counsel, filed a claim
against the City of Miami and other Defendants, resulting from an
incident which occurred on July 31, 1989 at or near Kennedy park,
Miami,, Dade County, Florida; and
WHEREAS, it is advantageous for the City of Miami to effect
a settlement of said lawsuit; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's office and in accordance with
Ordinance No. 84-17, which created the City of Miami's Self-
insurance Program, the City Attorney's Office recommends that the
claim be settled without the admission of liability for the sum
a.
of $35F000;
NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMIF FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay to LEONARD FRANK, the sum of $35,000, without the
admission of liability, in full and complete settlement of all
claims and demands against the City of Miami in Circuit Court..
Case No. 90-51804 and United States District Court Case No. 90-
1340-Civ-SPELLMANF said payment to be made upon the execution of
a Release releasing the City of Miami and certain other
Defendant(s) from all claims and demands.
[IN
PASSED AND ADOPTED this 14th day of March , 1991.
tom-
<� CITY OF MIAMI. FLORIDA =
INTER -OFFICE MEMORANDUM CA25
�f Honorable Mayor and Members March 1, 1991
To : of the City Commission DATE FILE
F{{ ` Resolution Authorizing
I # SUEUECT : Settlement with FRANK
Case No. 90-1340-Civ-SFRLLMAN
.I' Circuit Case No. 90-51804
+ , JorW11
andez
+ 6M REFERENCES
;j Ci City Commission Agenda
ENCLOSURESMarch 14, 199
{I 1
,.s
Attached is a proposed Resolution authorizing the Director of
I Finance to pay.Leonard Frank, without admission of liability, the
j� sum of $'351060, in full and complete settlement of .-any and°all
claims and demands against the City of Miami, upon the execution
of a Release of All Claims, releasing the City of Miami from an
and all claims and demands. y
The complete evaluation of this claim is contained in the
IIr attached Tort Committee settlement memorandum. In brief, the
�l Plaintiff was arrested while he was jogging in Kennedy'Park after
dark where police officers were collecting the I.D.'s of persons
in the park after hours, a violation of a City Ordinance. An
altercation arose and Leonard Frank was arrested for being in the
park after hours, resisting arrest without violence and disorderly
conduct.
This claim has been investigated by the Tort Committee (Tort
i; Committee authorization enclosed), approved'by the Risk Mana ement,.
<
Division of the 'Department of Personnel Management, and :is..,hereby .
1, recommended by this office.
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6 230 LAW 23mP r ,
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CITY OF MIA M, FLORIDA
INTEROFFICE MEMORANDUM "
n Tort Committee DATE February 26, 1901 nLr: -L-90-13 f
how Department
t Settlement Memorandum
RUBJECT t
Frank v. City, et e1
s9DC Casio' No. 90-1-140
Leon.",-. M: Firtel Civ-SVottk N
FROM A88iratant. G,it�t Attorhey AEFERENCtS :-Circuit toast `'Case' ko•` .
=�
tNCLOSUM96 90B 04
F�+r T BACKGR UND
.
X night of `July 31, 1989 at epproxiimately ` 9'i 00 ; P.M.
Off, cer" ALBERTO DIAZ; "while: in uniform, on` ;deity and oeterisila y
while `acting "as i�' consegl:Ance ' of tthe orders of hie ° sergeant end .
in;accordance with'City policy, drove to Kennedy Park where ha
began.`to collect the I.-D.•s (Driver's Licensee) of°'all per�bn
who +aQre in the -'park after hours; a violation of a City ordinance
(misdemeanor)'. Officer "EJANDRO MACIAS assisted DIA$ in this
Cask by sitting in his Patrol car and "running•' thQ I.D.'s 'of
citizens through the computex';4system inr an effort to determine t
whether the license was valid and whether any outstandl;ng }
war rants. were in effect.
DR. LEONARD FRANK, a reaident� =et = aaok40
�F ' -
( Memories .:Hospital," who hed reorantly s moved to therove,itNaB :
dogging in" the park, Asa :DR. FRANK: ap roeiched `ths►h`parkinq`=lothe
±Qncountere,d O:f f DIAZ, . and an.' exchange of.rt4 words took= pl Pico
eaciated into n arrest "af ' DR; `FRANK ...on charges ' o> he'ifiq
_
air► the .pIirk_lter, hours, resisting arrest without v018>ice
erly` ooncluct ss _ 3
• S
€ share irk,' of coarse, a disagreement `betweeh - DR. FRANK grid
wF.w
RA Ke but they �'de os'it`ioris an uage and wheth4r pR ,
DA7 rove who ` be an the vein of foul' lan
N{{�� • . < < P TL A 3 �
5.'";.r i�� Yi4 .1 dk ;�Mat�ll�nt��Oft3� 1fi'l3
ovYLizne who were `n the -area ;favor the. view' thst of f �.aex Off► r
ceirrgectad' in `hie initiel contact and in his
trQ>atmelrlt of , QR.
FiiANK who DI;AZ , admits wasp arrested and was forciblylaced f r CO {
QwR o th+e ` e�rmalc oaE; ' tfie parking lot where,}' heihandoDf e`d j
_4 )Qu d 'or a bo mofitiii od that `the' second, officer, ;'iUNCIX�¢i� d x
k�p9maQe irec`t.ly >lwolved in the altercation �os �Dx' FRA"I�K :ralk
VO: �d " 14� tie'. parking act, "that' ha (MAMA&) :nQd :'aaelad Y: ,
A ift - `"tokitio th`e prisoner. �dQwnN at>!d ia:, handc�a fins ;him. y _
FinaJ�iy, DR. )FRANK and witnesses aaauee the off�.�e�a of hitti�p
and kiokinq him during the process of 'arresting him, `y
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