HomeMy WebLinkAboutR-85-06014-8s-'M
VIVO
RNSOLNTION No. 85- 601
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO FRANK MUELLER, WITHOUT
ADMIS81ON OF LIABILITY, THE SUM OF FORTY
THOUSAND DOLLARS ($40,000.00) IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, UPON THE
EXECUTION OF A RELEASE RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS.
WHEREAS, Frank Mueller, through his attorney, filed a claim
against the City of Miami for false imprisonment and negligence
resulting from an incident occurring in Bayfront Park, Miami,
Florida on January 1, 1984, and;
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office pursuant to Ordinance No.
8417, which creates the City of Miami's Self -Insurance Program
and said office recommends that this claim be settled for the sum
of Forty Thousand Dollars ($40,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1: That the Director of Finance is hereby
authorized to pay Frank Mueller, without the admission of
liability, the sum of Forty Thousand Dollars ($40,000.00) in full
and complete settlement of any and all claims and demands against
the City of Miami, upon the execution of a release, releasing the
City of Miami from all claims and demands.
PASSED AND ADOPTED this 13 day of June , 1985.
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
ATTEST:
M, C-
LPH G. ONGIE
CITY CLERK
X COMMISSION
MEETING OF
JUN 13 1985
ION I40.55--
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RLD #p / 179
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city or NIIAmi, FLORIDA
INTER -OFFICE
MEM00ANDUM
TO Hanarab;lo M
r and Me Vies
DATE" June
3# FILE
lof the
ias on
Prank
Mueller vs.
city
of Miami
r
ease
Ito. 85=00931 CA 15
f Rf>N. Lucia A. boUga
ert,y
pEFF'RENCES
City Attorney
b/It
January 1, 1984
F.'VC:LC'URE L/I t
8ayfrontyq Park
Plaintiff, prank Mueller, through his attorney, has sued
the City of Miami for false imprisonment and negligence.
On January 1, 1984, one of our police officers arrested
Plaintiff for possession of suspected cocaine after observing
Plaintiff, a tourist from West Germany, snorting a white sub-
stance from a bottle labeled with a foreign language. The
Plaintiff attempted to explain to the arresting officer that the
substance was snuff. After the arrest, the substance was analyzed
by the Dade County Crime Lab which confirmed, on January 6, 1984,
that the substance was not cocaine. On January 6, 1984, the City
of Miami Police Department received information that the test result
was negative and nothing was done to secure the release of the
Plaintiff, and he ultimately was released after spending 17 days,
(408 hours) in jail.
Despite the fact that on January 6, 1984, the City of Miami
Police Department had possession of the Dade County Lab report showing
a negative test result, the arresting officer never received the
test result. Our officer has testified on deposition that had he
received the negative test result, he would have secured the Plaintiff's
release. This creates the appearance of negligence in the procedure
of mail distribution especially when such a document would have
secured the immediate release of this Plaintiff. The question
obviously arises as to the State Attorney's responsibility in this
matter; that office is immune from liability in civil cases such as
this.
It is likely that the City of Miami would be found liable for
false arrest, false imprisonment, and negligence in prolonging the
Plaintiff's time in jail.
Plaintiff's attorney has steadfastly demanded our statutory
limit of $100,000 and through negotiations he has advised that
Plaintiff is willing to accept $40,000.
85-601
t
ftan cable Mayor and Members June 21 loss
of tho City Comission -age 2
This claim was investigaged by the City Attorney's Office
ift accordance with ordinance No. 84-17 which created the City of
Miati Self-insurance Program. The City Attorney's Office recomends
that the City pay the sutra of $40#000 to settle this claim and Risk
Management agrees and also recommends this settlement.
LA%/'ti/bj r
Resolution
85-60 JL