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Home My WebLink AboutR-84-1371J-84-1104 kt RESOLUTION NO.- j34-"jLj37i A RESOLUTION`AUTHORIZING THE CITY ATTORNEY TO EMPLOY THE LAW FIRM OF FINE, JACOBSON, BLOCK, ENGLAND, KLEIN, COLAN & SIMON, P.A., TO SERVE AS CONSULTANT -,IN CONNECTION WITH THE CASE OF MICHAEL JOHNSON V. CITY OF MIAMI, ET AL.,--- 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 Fine, Jacobson, Block, England, Klein, Colan & Simon, P.A., to serve as consultant in connection with the case of Michael Johnson v. City of Miami, et al., using monies therefor from the Self -Insurance Trust Fund. PASSED AND ADOPTED THIS 13th day of DECEMBER , 1984. T : ?� LPH G. ONGIE, CITY CLER PREPA ED AND APPROVED BY: I ROBERT F. CLARK DEPUTY CITY ATTORNEY APPRIWED ,S----W FORM AND CORRECTNESS: F. V V i (l (1 • V V V Y CITY ATTORNEY MAURICE A. FERRE MAURICE A. FERRE MAYOR CITY COMMISs,ION MEETING OF DEC 1$ 10 .',ro: Howard V. Gary City Manager w 1 FROM: L C CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: November 20, 1984 FIL1: sue.tECT: City Commission Meeting December 13, 1984 REFERENCES -Consent Agenda ENCLOSURES: (1 ) The attached memorandum to the Mayor and City Commissioners dated November 6, 1984 should be placed on the December 13, 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 CITY of MIAM1. FLORIDA INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members he i C _ FROM: � tucil--k:--Dougherty City Attorney Commission DATE:November 6, 1984 FILE: SUBJECT: Authorization to Hire Outside Counsel (1) Michael Johnson v. C.ijty, REFERENCES: at al., tease #84-208 / — Civ-Aronovitx; and ENCLOSURES: ( 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. 84-13'71 Honorable Mayor and November 6, 1984 Members of the City Commission 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) 84-1.3'71, HENRY LATIMER BIOGRAPHICAL SUMMARY Early Childhood: Jacksonville, Florida Educational Background: ° 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, us, Pompano ano Beach, p p 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. 84--tVi T3. 11 P HENRY LATIMER D10CRAPHICAL SUMMARY Pfi ge 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. Black Historical Society, Eroward County, Florida. ° County, State and National Bar Associations: ° The National Bar Association The Florida Chapter of the National Bar Association American Bar Association ° The Florida Bar Broward County Trial Lawyers ° Academy of Florida Trial Lawyers G The Association of Trial Lawyers of America ° The Broward County Bar Association The Dade County Bar Association G Florida Bar, Rules of Civil Procedure Committee O Former Offices, Boards and Committees: Past President of the Florida Chapter of the National Bar Association. O Former Chairman, Judicial Counsel, Florida Chapter of the National Bar Association 84--1.3'71 HENRY LATIMER B100APHICAL SUMMARY Psge_ 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 Board Member, Florida Prepaid Legal Services ° Former Board Member, Urban League of Broward County ° Former Executive Committee Member of the Trial Lawyers Section of the Broward County Bar Association ° 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. 84-1371 400� HENRY LATIMFR 910CPAPHICAL SUMMARY Page._ 9 ° Law School Book Awards - highest average, Agency and Contracts. ° Summer 1978 - Outstanding 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. ° 1962 Judicial Poll - Rated Number One by Froward County Criminal Defense Lawyers. ° Numerous others from civic and fraternal groups. 0455B 84-*1371 1 LAW AFRICEsj _ Pbi'OIPL21k, VWt19113VUS91 , HWMISYI $AMCX St S UICIM t A PROFESSIONAL ASSOCIATION W 60101A E. WHITE ALLAN R KELLEY FOWLER HENAv WINE" JAMES L. 02NNIS DY (1802.1076) JAMISS L. HUWiLEY ROBERT NELSON ALLtN, JR. RICHARb S. *^NICK ROStOT E. ALSURY, JR. WALTER HUMKEY WILLIAM 't,'. NORWOOD SHERRYLL MARTENS DUNAJ (1912.1974) JOHN C. STRICKI1100T KATHY M. KLOCK PRANK J. MARSTON HENRY M. KNOSLOCK ALAN S. FOGG, JR. A SLACKWELL STIEGLITZ CHARLES G. DtLEO OF COUNSEL FREO R. OBER MICHAEL J. CAPPUCIO CHARLES L. HUME STUART H. ALTMAN JOHN R. KELSO GREG M. GAEBt KARLCONNELL THOMAS F. MARTIN A. RODGER TRAYNOR. JR. CURTIS CARLSON MICHAEL J. MURPHY STEVEN C. SMILEY MICHAEL A. MULLEN DOUGLAS C.BROEKER CORA HELL HAGGARD PATRICIA EWING MARK R. ANTONELLI JAMtS N. RLOYO DAVID B. MISHAEL SRETT A. RIVKIND MANUEL E. CASttA MARIVONNE SASTEN STEPHtN E.COOK JOHN W. KELLER MARIA ISABEL GOMti 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 FIFTH FLOOR CITY NATIONAL SANK BUILDING 23 WEST RLAGLER STREET MIAMI, RLORIDA 113130 TtLtPHONC (305) 3SO•6I550 CAUL[ AOORESS: "FOWNITE" TELEX "441.404 ROWHITE" (ITT) "5I.2483 FOWHITE 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 law firm has since the late 1960's, early 1970's, represented the following municipalities and counties in Florida: P'11 1. City of Miami 2. Dade County 3. City of Homestead 4. City of Florida City 5. City of Miami Shores - 6. City of Sweetwater 7. City of Hialeah _ 8. City of Hollywood 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, however, we did for a time, represent Dade County through special engagement by the County itself following termination of insurance coverage. 84--.3'71 • - LAW AFFICEi3i ON IO'WL9E9 W]UTE, BURNETT, $VBL13T, BAMCS & S� A PROFESSIONAL ASSOCIATION M0140016 t. WMItt Ht"Oft fbuokt" JAMES L. HURLEY RICHAND S. iANICK WILLIAM C. NORWOOD JOHN C. SIRICKROOT FRANK J. MARStON A. •LACKWELL STIEGLITt FRtD R. ONER MICHAEL J. CAPPUCIO CHARLES L. HUME STUART M. ALTMAN JOHN R. KELSO GREG M. GAESE KARL CONNELL THOMAS F. MARTIN A. RODGER TRAYNOR, JR. CURTIS CARLSON MICHAEL J. MURPHY STEVEN C. SMILEY MICHAEL A. MULLEN ALLAN R KELLEY JAMES L. OtNNIS ROBERT NELSON ALLEN. JR. ROBERT E. ALBURY, JR. SHERRYLL MARTEN$ DUNAJ KATHY M. KLOCK HENRY M. KNOBLOCK CHARLES G. OtLEO DOUGLAS C. SPOEKER CORA NELL HAGGARD PATRICIA EWING MARK R. ANTONELLI JAMES W FLOYD DAVID B. MICHAEL BRETT A. RIVKINO MANUEL E. CASE2A MARIVONNt MARTEN STEPHEN E. COOK JOHN W. KELLER MARIA ISABEL 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 --055Y FOWLER (18O2 • IS7S) WALTER HUMKEY (Iota • 1574) ALAN S. FOGG, JR. Of COUNSEL FIFTH FLOOR CITY NATIONAL SANK BUILDING 28 WEST FLAGLER STREET MIAMI, FLORIDA 33130 TELEPHONE (303) 338-8350 CAlLE AOORESS. "FOWHITE" TELEX "441.404 FOWHITE " (ITT) SI.2483 FOWHITE 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 law firm has since the late 1960's, early 1970's, represented the following municipalities and counties in Florida: 1. City of Miami 2. Dade County 3. City of Homestead 4. City of Florida City 5. City of Miami Shores 6. City of Sweetwater 7. City of Hialeah 8. City of Hollywood 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 11 Most of the above representation was insurance related, however, we did for a time, represent Dade County through special engagement by the County itself following termination of insurance coverage. 84-137i 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. FRO/m Very truly your FRED R. OBER Fowtsa, errs, BumaTT, HuR=Y, BAmcs & STIMMOOT 84-NI371 A PROrESSIONAL ASSOCIATION