HomeMy WebLinkAboutR-84-1370AND CORRECTNESS:
MAURICE A. FERRE
MAUR ICE A. FERRE
MAYOR
CITY COMMISSION
MEETING OF
DEC 19 1O
JN No. 94-ol
3-84-1103
kt
RESOLUTION NO. 84-":1370
A RESOLUTION ~AUTHORIZING THE CITY ATTORNEY TO
EMPLOY THE LAW FIRM OF FOWLER, WHITE,
BURNETT, HURLEY, BANICK & STRICKROOT9 P.A.,
TO SERVE AS CONSULTANT IN CONNECTION WITH THE
CASE OF SORELLY SALAZAR AS PERSONAL
REPRESENTATIVE OF, THE ESTATE OF FABIO DE
JESUS GUZMAN, DECEASED, PLAINTIFF VS.. PEDRO
GONZALEZ, INDIVIDUALLY AND AS A FORMER POLICE
OFFICER OF THE CITY OF MIAMI; -EDUARDO ROGUE,
INDIVIDUALLY AND AS A POLICE OFFICER OF THE
CITY OF MIAMI; KENNETH I. HARMS, INDIVIDUALLY
AND AS THE CHIEF OF POLICE OF THE CITY OF
MIAMI; AND THE CITY OF MIAMI, A MUNICIPALITY
OF THE STATE OF FLORIDA, USING MONIES
THEREFOR FROM THE SELF-INSURANCE TRUST FUND. _
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLOR IDA:
Section 1. The City Attorney is hereby authorized
to employ the law firm of Fowler, White, Burnett, Hurley, Banick
& Strickroot, P.A., to serve as consultant in connection with
the case of Sorelly Salazar, as Personal Representative of the
Estate of Fabic De Jesus Guzman, deceased, Plaintiff vs. Pedro
Gonzalez, individually and as a former police officer of the City
of Miami; Eduardo Roque, individually and as a police officer of
the City of Miami; Kenneth I. Harms, individually and as the
Chief of Police of the City of Miami; and the City of Miami, a
municipality of the State of Florida, using monies therefor from
the Self -Insurance Trust Fund.
PASSED AND ADOPTED THIS 13th day of DECEMBER , 1984.
T:
LPH G. ONGIE, CITY CLER
PREP RED AND APPROVED BY:
A &OSE<`
ROBERT F. CLARK, DEPUTY CITY ATTORNEY
APPR D A
{..V...in n. vuuu
CITY ATTORNEY
CITY OF MIAMI. FLORIDA
6 INTER -OFFICE MEMORANDUM
To, Howard V. Gary DATE: November 20, 1984 Fme:
City Manager
SUBJECT:
City Commission Meeting
December 13, 1984
FROM: L is A. Doug er REFERENCES:Consent Agenda
City Attorney i1)
ENCLOSURES:
The attached memorandum to the Mayor and City Commissioners
dated November 6, 1984 should be placed on the December 139
1984 meeting Agenda and due to the noncontroversial nature of
the subject matter each resolution may be properly included
as a separate item in the Consent Agenda for that meeting.
LAD/RFC/rr
cc: City Clerk
. 3,
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and
Members he i Commission
1
DATE: November 69 1984 R'LE°
SUBJECT: Authorization to Hire
Outside Counsel
... •. .. � .. j.c •.�erisY7/1.tm.•.: .
<'— _ (1) Michael Johnson v. City,
ROM, j LUcia A i -Dougherty REFEAENccf: et al., Case #84-2087-
City Attorney Civ-Aronovitz; and
ENGLofuRE:: {2) Salazar v. City, at al.,
It is recommended that the City
Commission adopt separate resolutions
authorizing and approving employment
of outside counsel to serve as
consultant to the City Attorney in
two cases involving police related
Title 42 §1983 (civil rights)
litigation, with funding therefor
available from the Self -Insurance
Trust Fund. (Separate resolutions
are attached).
Each of the two following cases may be termed high profile and
since both involve a claim for denial of civil rights, each may
be considered to be a high exposure case in that the limitation
on damages provided by Florida Statute 768.28 does not apply and
attorneys' fees may be assessed if the Plaintiff is successful
upon the civil rights claim. It is anticipated that in regard to
each case, the consultant will assist the Assistant City Attorney
in the preparation of the case for trial and that the consultant
will also participate in the trial; however, the Assistant from
my office will handle most of the discovery and other day to day
matters concerning the case in consultation with the consultant
retained. Funding to meet the cost of the consultants is
available from the self-insurance trust fund:
(1) The Michael Johnson case, filed in the United States
District Court, Southern District of Florida has been
assigned Case No. 83-2087-Civ-Aronovitz. The Defendants in
this case are the City of Miami, former police officers,
John Dees and Kenneth Kemp, present police officers George
Roschel, Lt. G. Lane Bradford, Sgt. Norris Lowe and Col.
Kelly England. I recommend that we retain the law firm of
Fine, Jacobson, Block, Klein, Colan and Simon, P.A.;
specifically, Henry Latimer, who has recently been involved
in the defense of the Alvarez (Nevell Johnson) case, on
behalf of the City. Attached hereto you will find a copy of
Mr. Latimer's resume.
+r
•
Honorable Mayor and
Members of the City Commission
November 6, 1984
Page 2
(2) The Guzman case is formally styled Sorelly Salazar, as
Personal Representative of the Estate of Fabio De Jesus
Guzman, deceased, Plaintiff vs. Pedro Gonzalez, individually
and as a former police officer of the City of Miami; Eduardo
Roque, individually and as a police officer of the City of
Miami; Kenneth I. Harms, individually and as the Chief of
Police of the City of Miami; and the City of Miami, a
municipality of the State of Florida. The case has been
assigned Case No. 83-2402-Civ-Kehoe in the United States
District Court of the Southern District of Florida. I
recommend that we retain the law firm of Fowler, White,
Burnett, Hurley, Banick 6 Strickroot, P.A., specifically
Fred R. Ober, who has had extensive experience in the
defense of police related Title 42, §1983 litigation (civil
rights). Attached you will find a letter regarding Mr.
Ober's prior experience in these matters.
We are attaching a separate resolution authorizing employment of
each consultant for your favorable consideration.
LAD:kt
Enclosures (4)
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HENRY LATIMER
BIOGRAPHICAL SUMMARY
Early Childhood:
Jacksonville, Florida
Educational Backqround:
° Honor graduate, New Stanton Senior High, 1956,
Jacksonville, Florida.
° Honor graduate, Florida A&M University, 1963; B.S.
degree, political science.
° Honor graduate, Florida Atlantic University, 1967;
Master's degree, supervision and administration.
° Cum Laude graduate, University of Miami School of Law,
1973; Juris Doctor.
Work Experience:
1962 - 1963 Park Ranger, U.S. Dept. of Interior, Rocky
Mountain National Park, Colorado.
1964 - 1967 Broward County School Board, ft. Lauderdale,
Florida, Teacher of economics and history;
Coach of basketball and tennis.
1967 - 1973 Wage -Hour Investigator, U.S. Dept. of Labor,
Miami and Ft. Lauderdale, Florida.
1974 - 1975 Business Law Professor, Broward Community
College, North Campus, Pompano Beach,
Florida.
1974 - 1979 Practicing Attorney, Ft. Lauderdale, Florida
(Partner: Ford, Marvides & Latimer); civil
trial practice.
1979 - 1983 Circuit Judge, 17th Judicial Circuit, Ft.
Lauderdale, Florida.
1983 - Present Practicing Attorney, Miami and Ft.
Lauderdale, (Partner: Fine, Jacobson,
Block, Klein, Colan & Simon, P.A.; Resident
Partner, Ft. Lauderdale, Florida); general
practice, emphasis in civil litigation.
I :OR
z -
HENRY LATIMER
BIOGRAPHICAL SUMMARY
Page 2
Military Status:
1957
- 1960 Sergeant, United States Marine Corp.
Organizational Affiliations:
°
General Counsel, Florida Chapter of the National
Bar Association.
°
Kappa Alpha Psi Fraternity.
°
Fort Lauderdale Elks.
°
Flack Historical Society, Eroward County, Florida.
°
County, State and National Bar Associations:
°
The National Par Association
°
The Florida Chapter of the National Bar
Association
°
American Bar Association
°
The Florida Par
°
Broward County Trial Lawyers
°
Academy of Florida Trial Lawyers
°
The Association of Trial Lawyers of America
°
The Broward County Bar Association
°
The Dade County Bar Association
°
Florida Par, Rules of Civil Procedure Committee
°
Former Offices, Boards and Committees:
°
Past President of the Florida Chapter of the
National Bar Association.
°
Former Chairman, Judicial Counsel, Florida
Chapter of the National Bar Association
•yf�!�Q
HENRY LATIMER
BIOGRAPHICAL
SUMMARY
Page 3
°
Personnel Advisory Board, Broward County
°
Community Service Council, Broward County
°
Former Director, Florida Endowment for the
Humanities
°
Former editor, newsletter, Florida Chapter of the
National Bar Association
°
Past President, Sickle Cell Disease Foundation of
Broward County
°
Former Vice -Chairman of the Committee on Advocacy
of the Section of Ceneral Practice, American Bar
Association
°
Former Eoard Member, Florida Prepaid Legal
Services
°
Former Board Member, Urban League of Broward
County
I
°
Former Executive Committee Member of the Trial
Lawyers Section of the Broward County Bar
Association
f
°
Former Vice -Chairman, Continuing Legal Education
Committee, Broward County Bar Association
°
The Florida Bar - (a) Former Member, Unauthorized
Practice of Law Committee and (b) Labor Relations
Law Committee
Awards:
° Athletic and academic scholarships throughout college
and law school.
° Superior Performance Award - United States Department
of Labor, 1972.
° Winner - Freshman Moot Court competition, University
of Miami, Law School.
q
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•24
HENPY
LATIMER
BIOGRAPHICAL
SUMMARY
Page 4
°
Law School Book Awards -
highest average, Agency and
Contracts.
°
Summer 1978 - Cutstanding
Achievement Award, Florida
Chapter, National Bar Association.
°
Summer 1978 - Presidential
Achievement Award, National
Bar Convention.
°
March 1979 - Outstanding
Leadership Award, National
Ear Association.
°
outstanding- Achievement -
Florida Endowment for the
Humanities..
°
February 1981 - Chairman's
Meritorious Service Award,
Judicial Council, National
Bar Association.
°
1982 Judicial Poll - rated
Number One by Broward
County Criminal Defense Lawyers.
°
Numerous others from civic
and fraternal groups.
0455B
'1,
..
_
LAW Orricee
• FOWLEU, +W WHIT, 1
3URNaTT, li1_UR1rXY, 13ANICK &
A PROPt ZONAL ASSOCIATION
MORRIS It. WHITE
MtNRY SURNtTT
JAMB L. HURLEY
RICMARD S. SAMICK
WILLIAM C, NORWOOD
JOMN C STRICKROOT
rRANK J. MAIlSTON
A. SIACKWELL STIEGLITZ
rREO M. OSER
MICMAEL J. CAPPUCIO
CHARLES L. MUMt
STUART M. ALTMAN
JOMN R. KtLSO
GREG M. GAESt
KARL CONNELL
THOMAS F. MARTIN
A. MODOER TRAYNOR, JR.
CURTIS CARLSON
MICMAEL J. MURPMY
STEVEN C. SMILtY
MICMAEL A. MULLEN
ALLAN R KELLEY
JAMES L. DENNIS
MOMENT NELSON ALLEN, JR,
MOMENT E. ALSURT, JR.
SMERRYLL MARTENS DUNAJ
KATMY M, KLOCK
MENRY M. KNOSLOCK
CHARLES G.D[LEO
DOUGLAS C. SROEKER
COMA NELL HAGGARD
PATRICIA EWING
MAMK R. ANTONELLI
JAMES N. rLOYD
DAVID S, MICMAEL
SRETT A. RIVKIND
MANUEL E. CASEZA
MAPIIVONNE SASTEN
STEPMtN E. COOK
JOMN W. KELLER
MARIA ISASEL GOMEZ
Lucia A. Dougherty, Esquire
City Attorney
City of Miami, Florida
169 E. Flagler Street
Miami, Florida 33131
Dear Mrs. Dougherty:
September 20, 1984
Hand Delivered
_'�
WALTER MUMKEY
(ISI= • 1574�
ALAN S. rOGG, JR.
Or COUNSEL
rIrTM rL00R
CITY NATIONAL SANK SUILDING
!S WEST rLAOLER STREET
MIAMI, rLOR10A 33130
TtLEPMONE (SOS?,SA•4DS0
CASLE AOOMtiiI "rOWMITE"
TELL%
"441.404 FOWMITE" (ITT)
51•t4S3 rOWMITE MIA" (WU)
I very much enjoyed meeting with you and Miss Cardonne concerning
potential representation of the City of Miami in connection
with the defense of Title 42 Section 1983 litigation.
As I advised, our
1970's, represented
in Florida:
law firm has since the late 1960's, early
the following municipalities and counties
1.
City of
Miami
2.
Dade County
3.
City of
Homestead
4.
City of
Florida City
5.
City of
Mi imi Shores
6.
City of
Sweetwater
7.
City of
Hialeah
8.
City of
Hollywood
r;
9.
City of
Fort Lauderdale
10.
Broward
County
11.
Collier
County
12.
Indian
River County
13.
Monroe
County
13.
City -of
Key West
14.
City of
North Miami Beach
15.
City of
North Miami
16.
City of
Miami Gardens
Most of the above representation was insurance related, 1'
we did for a time, represent Dade County through
engagement by the County itself following termination of it
coverage.
f
Lucia A. Dougherty, Esq.
September 19, 1984
Page Two.
We presently represent the City of Hialeah through its Risk
Management and are retained by Vanguard Insurance Company, to
represent the City of Miami Beach and the City of Homestead.
We are given to understand that they will be coming into this
area with insurance on most of the municipalities.
I have tried to conclusion several Title 42 1983 cases. The
Judges presiding were Judge Kehoe, Judge Aronovitz, Judge
Hoeveler, Judge Faye, Judge Fulton, and visiting Federal Judge
from Kansas, Judge Theiss.
In addition, several other ,members and associates of this firm
have tried civil rights cases in Federal Court. Among these
are Henry Burnett, Mike Mullen, Greg Gaebe and Sherryll Martens
Dunaj.
If you are in need of any further information please advise.
Very truly your311
FRO/m FRED R. OBER
FoW=X. WE=. Bvsxsrr. 302=T. B.Ucs & STWCZWAW
A PROMOSIONAL ASSOCIATION