HomeMy WebLinkAboutR-85-0180J-85-212
2/22/85
RESOLUTION NO. 85--180,
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO HUMBERTO MARCHENA, JR.,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$75,000.00 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, Humberto Marchena, Jr., through his Attorney, Mark
Alan Levine, Esquire, filed a claim against the City of Miami for
alleged police brutality, resulting from an incident involving a
City of Miami police officer on February 15, 1982, at 940
Southwest 8th Street, Miami, Dade County, Florida, 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 $75,000.00 (Seventy Five Thousand and 00/100 Dollars);
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 to Humberto Marchena, Jr., without the
admission of liability, the sum of $75,000.00 (Seventy Five
Thousand and 00/100 Dollars) 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 28 day of February , 1985.
MAURICE A. FERRE
URI E A. FERRE
MAYOR
EST: Cam, l.,/ v -�.,..A....
CmCOD�ISSION
MEETMG OF
RA PH N I FES 26 IM
CITY CLERK
PREPARED AND APPROVED BY:
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RICHARD L. DR
ASSISTANT CITY ATTORNEY
APPROVED AS
CITY ATTORNEY
RLD/wpc/ab/150
RM AND CORRECTNESS:
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TO
FROM:
W
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
DATE
February 22, 1985 FILE L-84-30
8Of'th
yor and Members pT-84-010
ommission E,UEI,ECT
Humberto Marchena, Jr.
Vs. City of Miami & E.E. Parra
and Herbert Breslow
D gherty REFERENCE Q4-1685 Civ-ATKINS
/I: 2/15/82
L/I: 940 S.W. 8th Street, Miami,
City Att �t ney ENCLOSURES Florida
plaintiff, Humberto Marchena,
Jr., by and through his attorney,
Mark Alan Levine, has sued the City and
Assaultdividuand al police
officers in Federal District court for Negligent Retention,
Negligent Hiring, Negligent Training,
and violation of Civil Rights under 42 U.S.C. §1983.
The circumstances of this incident are that on February 15,
1982,
the Plaintiff entered a restaurant on Southwest thStreet reand
subsequently got into an argument withthe proprietor money being stolen from his pocket by one of the employees.
ned the police, and when our Police
plaintiff claims he summo
Officer arrived, Plaintiff was taken into
claims
police
claims that while being transported t pcar, struck him in
police Officer pulled him out of his p
the face, and then kicked him in the sustained abdominal r3rd degree
tiff
was subsequently diagnosed as having s
lacerated liver. The special damages in this case amount to
over $20,000.
This claim has been investigated by
the City Attorneys office
in accordance with Ordinance No. 8417, which
createdethe City he City Attorn'soffice
of Miami's Self -Insurance Program. on behalf of itself and
recommends that the City of Miami pay
the sum of seventy Five Thousand and 00/100
Officer E.E. Parrs, ement office
$75,000.00 to settle ttY►isclaim,
settlementthe Risk Manag
agrees and recommends
LAD:RLD/bjr
Enclosure: Resolution