HomeMy WebLinkAboutR-85-00184
10,
i J-84-1009
j 10/10/84
RESOLUTION NO. �-
i
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO THERSUIS SYLHOMME, WITHOUT
ADMISSIUN OF LIABILITY, THE SUM OF $6,000.00
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, Thersuis Sylhomme, through his Attorney, Harold
Braxton, Esquire, filed a claim against the City of Miami for
alleged false arrest, resulting from an alleged burglary on March
3, 1981 at 238 Northwest 59th 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.
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 $6,000.00 (Six 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 Thersuis Sylhomme, without the admission of
liability, the sum of $6,000.00 (Six Thousand and 00/100 Dollars)
in full and complete settlement of any and all false arrest
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 loth day of January , 1985.
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
EST:
j CITY COMMISSION
RAL H NGIE
CITY CLERK JAN 10 1985
RES0LU11U.% jj). 195-:16
PREPARED AND APPROVED BY:
x f -
oe—oe /0�— .
ICHARD L. DRUR
ASSISTANT CITY ATTORNEY
APPROVED A TO ORM ORRECTNESS:
"U %. i rs cam* -- W -
CITY ATTORNEY
RLD/wpc/ab/126
-2-
195-018
U
A
CITY OF MIAMI. FLORIDA
20 INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE October 10, 1984 FILE-
ofWtheC Commission
SUBJECT; Thersuis Sylhomme v. City
of Miami, et al.
FF; Lugher REFERENCES: D/I: October 28, 1981
City Attorney L/I: 238 N.W. 59th Street
ENCLOSURES: Miami, Florida
Plaintiff, Thersuis Sylhomme, was arrested by City of Miami
Police Officers on March 3, 1981, on charges of burglary and
assault. Two Miami police officers were dispatched to the area
of 238 Northwest 59th Street on a complaint of a burglary and
arrived very shortly thereafter. The police officers encountered
an elderly white male named Drozek, who claimed his house was
just broken into by two black juveniles, but because of his age
and confusion, could not describe them with greater accuracy.
Mr. Drozek has moved away from the area and is not available for
trial.
Our officers began asking questions around the neighborhood
when they were approached by a black youth named Walker (full
name and address are not noted), who claimed to have observed the
entire incident. He stated he saw two young Haitians fleeing the
Drozek home and entering Plaintiff's residence. The officers
have stated on deposition that the suspects were more accurately
described by Walker but they cannot recall any further details as
to the description. The officers knocked on Plaintiff's door and
were greeted by Plaintiff's sister, who has also disappeared.
She allowed the officers into the living room where Plaintiff
claims he was painting the room.
There was a witness present, Cepoudy Petitbeau, who states
under oath that he had been with Plaintiff for at least one hour
and that Plaintiff had not left the house and had been painting
the entire hour while he was there. The officers conducted a
search of the house and none of the described stolen property was
located. The officers were not able to communicate very
effectively with Plaintiff because of the language barrier. Based
on the identification by Walker, Plaintiff was arrested and taken
to jail were he remained for eight days. It should be noted that
0
r-A
r
Honorable Mayor and Members
of the City Commission
October 10, 1984
Page 2
Plaintiff claims he was neither advised of his Constitutional
Rights nor advised as to what charges were being placed against
him. Plaintiff eventually bonded out for $5,000.00, with a
$500.00 premium cost to Plaintiff plus $2,122.00 in legal fees
for his defense. The case was dismissed by the State Attorney's
Office.
It should be noted that the Plaintiff has a completely clean
background and appears to be of very good character. He has held
the same job for approximately five years and was assisted by his
employer in getting out of jail. He has a likeable personality
and I anticipate would be favorably received by a jury. Witness,
Petitbeau, is likewise a decent man with a good appearance and
very credible.
This claim has been investigated by the City Attorney's
Office in accordance with Ordinance No. 84-17, which created the
City of Miami's Self -Insurance Program. In view of the liability
which appears to rest mainly with the City of Miami, the City
Attorney's Office recommends that the City of Miami pay $6,000.00
in settlement of this claim.
LAD/RLD/wpc/ab/125
Enclosures (Resolution)
i
RELEASE CF ALL CLAIMS
` THIS INDENTURE WITNESSETH that, in consideration of the sum of Six
Thousand and 00/100_Dollars ($ 6 000.00 ), receipt Whereof is hereby ack
nowledged, for myself and for my heirs# personal representatives and assigns, I
do hereby release and forever discharge City of Miami, Jorge Morin and
Randall Cason and any and all other City of Miami emi2loyee-
and
any other person, .i.nn or corporation charged or arge-
able with respons ility or liability, their heirs, representatives and assigns,
from any and all claims, demands, damages, costs, expenses, loss of services,
actions and causes of action, arising fran any act or occurrence up to the
present time and particularly on account of all personal injury, disability,
property damage, loss or damages of any kind already sustained or that I may
hereafter sustain in consequence of an accident that occurred on or about the
28 day of October ► 1981, at or near 238 N.W. 59th Street,
Miami. Florida •
To procure payment of the said sum, I hereby declare that I am more than
2� 1 years of age; that no representations about the nature and extent of said
injuries, disabilities or damages made by any physician, attorney or agent of
any party hereby released, nor any representations about the nature and extent
of said injuries, disabilities or damages made by any physician, attorney or
agent of any party hereby released, nor any representations regarding the nature
and extent of legal liability or financial responsibility of any of the parties
hereby released, have induced me to rake this settlement; that in determining
said sun there has been taken into consideration not only the ascertained injur-
ies, disabilities and damages, but also the possibility that the injuries sus-
tained may be perranent and progressive and recovery therefrom uncertain and
indefinite, so that consequences not now anticipated may result from the said
accident.
I hereby agree that, as a further consideration and inducement for this
ccmprcmise settlement, this settlement shall apply to all unknown and unantici-
pated injuries and damages resulting fran said accident, casualty or event, as
well as to those now disclosed.
I understand that the parties hereby released admit no liability of any
sort by reason of said accident and that said payment and settlement in ccmpro-
mise is made to terminate further controversy respecting all claims for damages
that I have heretofore asserted or that I or my personal representative might
hereafter assert because of the said accident.
I further understand that such liability as I may or shall have incurred,
directly or indirectly, in connection with or for damages arising out of the
accident to each person or organization released and discharged of liability
herein, and to any other person or organization, is expressly reserved to each
of then, such liability not being waived, agreed upon, discharged nor settled by
this release.
In consideration of the aforesaid sum, it is agreed to indemnify and save
harmless the above -named parties and they are hereby released of and fran any
claims and all liens including those that are under the Florida Reparations Act
or subrogation claims arising out of the aforesaid incident.
SIGNED AND SEALED this5ch day of December , 19-& .
(CAUTION -READ BEFORE SIGNING)
Ir.
i
I
•• •
On this 5th day of December ,
ad THERSIUS SYLHOMME
me known to Fe the person who executed e
that he eamec uted the sane as „
M�M �W- M - I M
(SEAL)
1984 ' e ore mepersactal ly appear-
"'
�tes a:^•� ,a�tl deed.
My CQnmi.ssion Expires: NOTARY PUBLIC STATE OF„P V r
��MM�y C��C,..MMISSIOM EXPI;ES FES is IiQO �,�
MM18