HomeMy WebLinkAboutR-87-0961r ,
J-87-966
10/22/87
RESOLUTION NO. 8 7`961
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO
ENGAGE THE SERVICES OF PETER HURTGEN,
ESQUIRE, OF THE FIRM OF MORGAN, LEWIS &
BOCKIUS, AS SPECIAL COUNSEL, AT AN HOURLY
RATE OF $140, REGARDING A LAWSUIT FILED BY
JOHN DEES, FORMER POLICE OFFICER, AGAINST THE
CITY OF MIAMI, CLARENCE DICKSON, HERBERT
BRESLOW, ROBERT WARSHAW, WILLIAM FLEMING,
ERNEST VIVIAN, RONALD ILHARDT AND JOHN ROSS
IN THE UNITED STATES DISTRICT COURT, WITH
FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
$65,000 BEING ALLOCATED FROM SELF-INSURANCE
AND INSURANCE TRUST FUND; FURTHER AUTHORIZING
EXPENDITURES FOR NECESSARY COSTS AND EXPENSES
IN CONNECTION WITH THE DEFENSE OF SAID
LAWSUIT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Attorney is hereby instructed to employ
Peter J. Hurtgen, of the law firm of Morgan, Lewis & Bockius, as
Special Counsel, on a retainer basis at the hourly rate of $140
in connection with the lawsuit filed by John Dees, former Police
Officer, in the United States District Court against the City of
Miami, Clarence Dickson, Herbert Breslow, Robert Warshaw, William
Fleming, Ernest Vivian, Ronald Ilhardt and John Ross with funds
therefor in an amount not to exceed $65,000 being hereby
allocated from Self -Insurance and Insurance Trust Fund.
Section 2. Expenditures for necessary costs and expenses in
connection with the defense of said lawsuit are hereby authorized
with funds therefor also hereby allocated from Self -Insurance and
Insurance Trust Fund.
PASSED AND ADOPTED this 22nd day of
ATT
MA HIRAI, CITY CLERK
FORM & CORRECTNESS:
Oct
, 1987.
PREPARED AND APPROVED BY:
MARIA J. MIARO
ASSISTANT CITY ATTORNEY
CITY COMMISSION
MEETING OF
OCT 22 1987
KJC : bf : 487
TO
FROM
CITY OF MIAMI. FLC)F4I[3A
INTEROFFICE MEMORANDUM
Honorab ayor Xavier L. Suarez
and Me eVs of the City CommissioVII
Lucia) A. Dougi'ierty
City Attorney
E.N :.L.iJ.--,,pf S
October 21, 1987
V"ILE
Attorney Representation
of Individually Named
Defendants
John Dees. v. City of Miami,
Clarence Dickson, et al.
The City of Miami and Clarence Dickson, Herbert Breslow,
Robert Warshaw, William Fleming, Ernest Vivian, Ronald Ilhardt
and John Ross have been sued by John Dees in Federal Court. The
lawsuit was filed on September 30, 1987 and is assigned to Judge
Aronovitz. John Dees is a former police officer and is
represented by Dexter W. Lehtinen.
The fourteen count Complaint alleges damages arising from
Dees' arrest for perjury during the investigation of the Michael
Johnson incident in the McDuffie riots. The claims against the
City of Miami seem to be federal claims violations of Dees'
civil rights because of false arrest and "false prosecution" and
state claims of malicious` prosecution and vi-Iatio procedural
due process and o1' officers' Bill o i no ime
prior to filing the lawsuit di ees or is attorney notify the
City of his state claim against it as required by statute nor is
the said required notice plead in the Complaint. Further, it
appears that the statute of limitations has run on the state
claims against the City.
The claims against the individuals include Dickson,
Breslow, Warshaw and Ross in their supervisory roles with
Fleming, Vivian and Ilhardt being named in their roles as
arresting officers. The claims against all seven of the
individuals named include federal civil rights violations and
claims of "indifference to truth" and "intentional false
prosecution".
Even though Dees pleads that he resigned from the Police
Department to "pursue longstanding and well known plans to
undertake a private business outside of Dade County, Florida,"
Dees states that he has been exposed to public contempt and
ridicule and to severe emotional and mental distress and requests
two million dollars in compensatory damages and five million
dollars in punitive damages against all the defendants.
Florida Statutes S768.28 authorizes the payment of a
judgment for compensatory damages rendered against any employee
arising in a civil lawsuit but does not authorize the payment of
punitive damages and in fact expressly prohibits said payment.
87-961-L,
Florida Statutes §111.065 provides for payment of legal costs and
reasonable attorney's fees for any law enforcement officer in a
civil action commenced against such law enforcement officer
provided that the action arose out of the performance of official
duties and the law enforcement officer is found to be not .liable
or if the plaintiff requests a dismissal.
There seems to be no question that the allegations against
the individual officers arose from the performance of their
official duties. Therefore, a review of pertinent case law
reveals that a municipal corporation is obligated to furnish or
"a fees for counsel to defend these officers. Such ob gation
arises independent of statute, ordinance or charter and is not
subject to the discretion of the keepers of the City coffers.
Lomello v. City of Sunrise, 423 So.2d 974. This obligation may
be met by providing representation through the City Law
Department. Alternatively, if the individually named officers
reject the offer of counsel from the City Law Department, the
City may pay for outside counsel or require the individual
officers to pay for their own counsel.
Chief Clarence Dickson has requested, for all individually
named defendants, that Peter Hurtgen be retained to represent
their interests. Mr. Hurtgen of Morgan, Lewis and Bockius has
agreed to represent all such defendants at an hourly rate of
$140.00 per hour with the total amount not to exceed $65,000.
Since the City cannot pay punitive damages if the officers are
found liable it is the recommendation of this office that Mr.
Hurtgen be retained for this amount.
The City of Miami was served with a copy of the Complaint on
October 8, 1987. The initial responses are due imminently and a
determination of representation need be made forthwith.
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