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HomeMy WebLinkAboutR-85-0818I t ,1-95- 743 RESOLUTION NO.J-"1'+ A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE; TO PAY TO CAROLYN HOLLAND, AS PERSONAL REPRESENTATIVE of THE ESTATE OF CE;ARENCE BRUCE, rHE SUM OF FIVE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($525,000.00) WITHOUT THE ADMISSION OF LIABILITY IN FULL, COMPLETE SETTLEMENT OF ALL PROPERTY DAMAGE CLAIMS, CLAIIA3 AND DEMANDS .AGAINST THE CITY OF MIAMI AND ROBERT L. MILLER UPON EXECUTION OF A RELEASE RELEASING THE; CITY AND ROBERT L. MILLER FROM ALL CLAIMS AND DEMANDS. WHEREAS, Carolyn Holland, as personal representative of the Estate of Clarence Bruce, filed a claim against the City of Miami, and Robert L. Miller for damages allegedly due to the City's negligence and the violation of decedent's civil rights resulting from an incident in which Clarence Bruce suffered serious injuries resulting in death; and WHEREAS, the above claim has been investigated by the Torts Division of the City Attorney's Office and litigated and in accordance with Ordinance No. 8417 which created a City of Miami self-insurance program, the City Attorney's office together with the Risk Management Division of the Finance Department recommend that this claim be settled, without the admission of liability for the sum of Five Hundred Twenty Five Thousand Dollars ($525,000.00); and WHEREAS, a jury has returned a verdict in the sum of Five Hundred Thousand Dollars ($500,000.00) on October 20, 1983, and judgments of attorneys' fees in the sum of Fifty Six Thousand Dollars ($56,000.00) have been entered against the City of Miami and Robert Miller, plus interest at the rate of One Hundred Sixty Six Dollars ($166.00) per day (12% per annum) totaling One Hundred Twenty Seven Thousand Dollars ($127,000.00) as of July_ CITY COM14 pS! N 1 20, 1985; and MEE'rmc; OF JUL 25 19&5 scau►lo" E WHEREAS, the City Attorney recommends that these claims against the City and Robert L. Miller he settled ror the sum of Five Hundred Twenty Five Thousand Dollars ($525,000.00); NOW, THEREFORE, BE IT RESOLVED f3Y THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Director of Finance is hereby authorized to pay to Carolyn Holland, as personal representative of the Estate of Clarence Bruce, the sum of Five Hundred Twenty Five Thousand Dollars ($525,000.00) in full and complete settlement of all bodily injury, personal injury protection liens, property dainage claims, attorneys' fees, costs and any and all other claims and demands without the admission of liability and upon execution of a release releasing the City and Robert L. Miller from all claims and demands. PASSED AND ADOPTED this 25th day of July ATTEST: FlU-4H G. ONGIE Y CLERK PREPARED AND APPROVED BY: A • GIELA CARDONNE DEPUTY CITY ATTORNEY APPR D "AOJ TO FORM AND CORRECTNESS: LUCIA A. DOUGH5ATY CITY ATTORNEY Maurice A. Ferre MAURICE A. FERRE, MAYOR 1985. GC/wpc/jal/112 BS-81� The Honorable Mayor, Maurice Ferte, and Members of the City Commission Lucia A. Dougherty Citv Attornev July 10, 1985 Carolyn Holland vs. City of Miami Case No. 79-14357 (13) _ Settlement Attached for your information and perusal is a copy of the Request for Settlement Authoritv wherein all the facts and circumstances - involving the above lawsuit are set forth. LAD /GC/ia Attachments • i i Lucia A. Dougherty, City Attorney, and Torts Committee Gis�ela Cardonne Depute City Attorney fuly 10, 1985 Carolvn Holland vs. City_ of Miami, Case No. 79-14357 0 3) The jury returned a verdict against the Cite of Miami and Officer Robert Miller as follows: .Judgment S500,000.00 Interest to July 20, 1985 127,000.00 Attorney's Fees 56,000.00 Costs 5,927.00 Total: $688,927.00 Per diem interest at 12% $ 166.00 The case is presently on appeal at the Third District Court of Appeal, which had scheduled oral argument for Jul,,,.2, 1985. The oral argu- ment was rescheduled pending a joint motion for continuance pursuant to settlement negotiations. Negotiations between plaintiff's attorneys and the Law Department have resulted in an acceptance of an offer of settlement of $525,000 which would represent a savings to the City of $163,927.00. In this case the Police Officer responded to a call regarding a man sitting in a porch. Officer Miller arrived and after requesting identification from the decedent, Clarence Bruce, disarmed the su of a revolver. The suspect then began to run and Officer Miller fired two shots into his back, which resulted in the immediate de of Clarence Bruce. The personal representative of the Estate of Clarence Bruce, who two minor children at the time, sued the City on the theory of bo negligence and a violation of right to life of the decedent. One their experts testified that the Police Officer should have used canine unit instead of shooting the suspect while he was running from the scene. 85-81L Lucia A. Dougherty City Attorney and Members of the Torts Committee Page Two 1ul v 10, 1 9b5 Since at the time of this incident under State Law it was permissible to use deadly force against the fleeing felon, this Department represented both the Cite of Miami and the individual Police Officer at trial and on appeal. Subse- quent to the trial and appeal, the United States Supreme Court issued its decision in Tennessee vs. Gardner, wherein it decided that it is an unconstitutional policy to allow police officers to use deadly force to step a fleeing felon. This case will be determinative as to the argument that the plaintiff failed to prove a policy of unconstitutional behavior on the part of the City of Miami as a defendant. The case against the police officer will be very_ difficult to reverse, since the appellate courts never upset a jury finding of fact. Even if the policy argument is City, by agreement at trial and for payment of damages against The Court entered an attorney's reflected in the figures above, running at the rate of $166.00. successful as to the City, the on appeal., will be responsible the individual police officer. fees award of *56,000.00, as and the per diem interest is Due to the recent United States Supreme Court decision in Gardner, supra, it will be very prejudicial to the City of Miami to proceed with this case on appeal, since it will most likely be affirmed, which will create adverse precedent to the City of Miami in the area of civil rights law. We recommend that the case be settled in the sum of $525,000.00. CC:ia 85-81A Lucia A. Dougherty, City Attorney, and Torts Committee APPROVE/XISAPYROVE: LUC A A. CITY ATTORNEY LEON M. F)IRTEL ASSISTANT CITY ATTORNEY J GE IJ. FERN NDEZ J ASSISTANT CIT ATTORNEY RICK L. DRUKS ASSISTANT CITY ATTORNEY MARIA J . `-CHIA ASSISTANT CITY ATTORNEY PAUL D. WEBER CLAIMS SUPERVISOR Page Three .1uIv 1.0, 1985 DON DUNI.AP, ASSISTANT FINANCE DIRECTOR RISK MANAGEMENT DIVISION 85-818.