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HomeMy WebLinkAboutR-85-0314J-85-231 3/22/85 RESOLUTION NO. 55-314, A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EARLE BLACK, INDIVIDUALLY, AND DELORES BLACK, HIS WIFE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $30,000.00 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 AND JOHN K. SCANLON FROM ANY AND ALL CLAIMS AND DEMANDS. WHEREAS, Earle Black, through his Attorney, Arthur W. Tifford, filed a claim against the City of Miami and Police Officer John K. Scanlon, for alleged violation of civil rights, false arrest, malicious prosecution and excessive use of force, which resulted from an incident that took place on June 3, 1982. Mr. Black was arrested for loitering, prowling obstructing a police officer (by failing to give information) and resisting arrest without violence. Mr. Black was observed talking to four ( 4 ) "ladies of the night" at the corner of 86th Street and Biscayne Boulevard. The ladies were arrested for obstructing the sidewalk and when asked to produce identification, Mr. Black had none and became belligerent. Mr. Black denied that he was speaking to the ladies or soliciting them for purposes of prostitution. Mr. Black advised the officer that he was a INS agent (Immigration and Naturalization Service) and that he was staying at the Holiday Inn, but the officer did not check out his story and he was arrested and transported to the Dade County Jail where he spent approximately 8 hours in custody. WHEREAS, the above claim has been investigated by the Torts Committee of the City Attorney's Office pursuant to Ordinance No. 84-17, which creates the City of Miami's Self -Insurance Program, and said office recommends that this claim be settled for the sum of Thirty Thousand Dollars ($30,000.00); CITY COMMISSION MEETING OF MAR 21 1985 RESOIUDU„ Rr:- ©Sr3 REMARKS. ^_ � z 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 Earle Black, individually, and Delores Black, his wife, without the admission of liability, the sum of Thirty Thousand Dollars ($30,000.00) in fell and complete settlement of any and all negligence claims and demands against the City of Miami and John K. Scanlon upon the execution of a release, releasing the City of Miami from all claims and demands. PASSED AND ADOPTED this 2jst day of __March__ ► 1985. Maurice A. Ferre MAURICE A. FERRE, Mayor ATTEST: RA PH G. ONGIE Cale City Clerk PREMRED ANO APPROVED/BY: ,ZEON M.I(FIRTEL � l Assistant City ttorney APPROVE A TO FORM AND CORRECTNESS: LUCIA A. DOUG RTY City Attorneylll LMF/wpC/pb/161 2- Y i , 85-314: VI^%A! FLORIDA !(�'rF=F2-OFF ICF? Fy3F iIDUM Sylvia Lowman : 31 26. rah 26, 1985 Office of the City Clerk L-84-77 ,. 14.1t,t19&kded Resolution Leon M. Firtel Assistant City Attorney Earle Black v. City of Miami and Law Department John Scanlon Enclosed please find the original Amended Resolution relative to Earle Black v. City of Miami and Officer John Scanlon, which was passed on Thursday, March 21, 1985 at the City Commission meeting. Please call me if you have any questions; otherwise, please have this properly executed and send a copy of the fully executed Resolution to me for my file. Thank you. LMF:cm Enc. 2 85-314 �Px i 4 41, RCN. a� YxhYc� • _ ip �k` ��.{r ...... _..._� _.d�" ��..., __ .« ,.. �...,a_. �e._..1�...ia�..�,.� �.. � � � �.,�i. ,,�....a.mt..aa'�'•".m� ee� - � - Sylvia Lowman Office of the City Clerk CITY r)F- 0.41AM1 FLORIDA 1NTF P-(7)Fr- icy MFNfIP:YD(JM i- 1"7 a'.i,z 2 .:� ' drA 26, 1985 1AiV46ded Resolution L-84-77 Leon M. Firtel Assistant City Attorney Earle Black v. City of Miami and Law Department John Scanlon Enclosed please find the original Amended Resolution relative to Earle Black v. City of Miami and Officer John Scanlon, which was passed on Thursday, March 21, 1985 at the City Commission meeting. Please call me if you have any questions; otherwise, please have this properly executed and send a copy of the fully executed Resolution to me for my file. Thank you. LMF:cm Enc. ,I - i , F+_oR1FYA +t.i i F rr-; ;r- ar;F ir_..,!,r, nr�p+.1 .. Honorable a r a Members March 6, 1985 L-84-77 of the t C iss'on Earle Black v. City of Miami & Officer John K. Scanlon Circuit Court Case #84-16745(28) cia erty Settlement Authority City Attorne Plaintiff, Earle Black, a criminal investigator for the Immigration and Naturalization Service (INS) by and through his attorney, Arthur Tifford, filed the within claim against the City of Miami and Officer John Scanlon alleging therein violations of civil rights, false arrest, malicious prosecution, and excessive use of force. The circumstances of the incident are that in the early morning hours of June 3, 1982, Officer Scanlon arrested Mr. Black charging him with loitering and prowling, obstructing a police officer (by failing to give information) and resisting arrest without violence. The police officer alleged that Mr. Black was observed talking to four (4) "ladies of the night" at the corner of 86th Street and Biscayne Boulevard. In addition to the ladies, Mr. Black was in the company of another male. The ladies were arrested for obstructing the sidewalk and the men were asked to produce identification. The accompanying male produced identification; however, Mr. Black left his identification at at the hotel where he was staying and therefore could not produce it. Mr. Black denies speaking to the women or soliciting them for purposes of prostitution. The State Attorney nolle prossed the case. The police officer did not check on Mr. Black's story that he was an INS agent staying at the Holiday Inn 112th Street and Biscayne Boulevard, but instead arrested and detained him in the Dade County Jail. The Plaintiff incurred $10,000.00 in expenses and could be subjected to further economic damages because of the nature of his employment. This claim has been investigated by the City Attorney's Office in accordance with Ordinance No. 8417, which created the k City of Miami's Self -Insurance Program. The City Attorney's 85 -314 Honorable Mayor and Members March 6, 1985 of the City Commission Page 2 Office recommends that the City of Miami pay on behalf of itself and Officer John Scanlon the sum of $30,000.00 to settle this claim and the Risk Management Office agrees and recommends the settlement. Releases will be exchanged and the Court case will be dismissed. � /LMF/ pc/pb/162 Enc: Resolution cc: Randolph Rosencrantz, City Manager Ralph Ongie, City Clerk 9 e x c � m A 1� �F t � 4t _ h