HomeMy WebLinkAboutR-84-0555J-84-143
4/24/84
RESOLUTION NO. 84 -555
A RESOLUTION AUTHORT7,TNG THE DIRECTOR OF
FINANCE TO PAY TO JAMES L. BUTLER, JR., THE
SUM OF TWENTY FIVE THOUSAND DOLLARS
($25,000.00), WITHOUT Till-1 AIMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY, PROPERTY DAMAGE,
PERSONAL INJURY PROTECTION LIENS, WORKER'S
COMPENSATION LIENS, CT,AIMS AND DEMANDS
AGAINST THE CITY OF MIAivil AND THE CITY OF
MIAMI POLICE DEPARTMENT AND UPON EXECUTION
OF A RELEASE RELEASING THE CITY FROM ALL
CLAIMS AND DEMANDS.
WHEREAS, JAMES L. BUTLER, JR., through Lionel Barnet, his
attorney, filed a claim against the City of Miami and the City of
Miami Police Department for alleged bodily injury, property
damage, personal injury protection liens, Worker's compensation
liens, civil. riglits violations, costs, and attorney's fees for
the injuries and damages suffered by JAMES L. BUTLER, JR., from
that certain incident involving certain unknown City of Miami
police officers from the City of Miami Police Department S.W.A.T.
unit on December 29, 1982 at or near the southeast corner of a
parking lot located at 2101 Northwest 3rd Avenue, Miami, Dade
County, Florida; and
WHEREAS, the above claims have been investigated by the
Torts Division of the City Attorney's Office and in accordance
with Ordinance No. 8417, which created the City of Miami Self -
Insurance Program, the City Attorney's Office recommends that
these claims be settled without the admission of liability, for
the sum of Twenty Five Thousand Dollars ($25,000.00);
NOW, THEREFORE, BE IT RESOLVED 13Y THE C01414ISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of. Finance is hereby authorized
to pay to JAMES L. BUTLER, JR. the sum of Twenty Five Thousand
Dollars ($25,000.00) without the admission of liability in full
CITY COMMISSION
MEETING OF
MAY 10 10
1RES0LU11U,%
REhk -IJ,
and complete settlement of all bodily injury claims, property
damage, personal injury protection liens, worker's compensation
liens, Civil rights violation cl.aims, costs and attlorney's
claims and demands against: the City C)f- Miami, upon the execution
of a release releasing t-he city or Miami and I 1 a . empj.(.)Yees or the
City of Miami Police Department, from said claims and demands.
PASSED AND ADOPTED this __Utb_ day of May 1984.
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
ATTEST:
cf �,�/ 40
ZI — 035�16
RALPE G. ONGIE
fCITY CLERK
PREPARED AND APPROVED BY:
MLIA J ROmRIPS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Alt
Jyr,%E GARCIA-PEDROSA
WTY ATTORNEY
JJR/wpc/ab
2
LAN
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE April 25, 1984 FILE A-84-008
of the City Commission & PT-83--078
SU9JECT: Claim of James L. Butler, Jr..
against the City of Miami.. and
the City of Miami_ Police
Department
FROM REFERENCES
Jose Garcia -Pedrosa D/I: December 29, 1982
City Attorney ENCLOSURES L/I: 2101 Northwest 3rd Avenue
I
I
I
i Claimant James L. Butler, Jr. filed a claim against the City of
Miami and the City of Miami Police Department through his
attorney Lionel Barnet for alleged personal injury, property
damage, and alleged civil rights violations, which resulted from
a certain incident involving unknown members of the City of Miami
Police Department S.W.A.T. unit.
This incident occurred on December 29, 1982 in the evening hours
at or near the southeast corner of a parking lot located at 2101
Northwest 3r.d Avenue, Miami., Dade County, Florida. Mr. James
Butler, Jr. was kitting in the driver's seat of his automobile in
the described parking l..ot:. With him were two friends in the
passenger and of the automobile. Observing City of
Miami. Police 1)cpart_lilcnt_ unit`; and force ficl.ct tleams
advancll"1 F ;_:c' t on I16 t.Y c'C`t., hli . 1 lit l.c'1_' 11u his
friend: ri.?l.lc'i? up t.hcii h,?Ilcow!- ill t I I cc.T, 1)6 1 o c 1 1)(' 6C)C?rti.
Shortly t.hc�icl-i1, t=v,,k? (,I fS.c (I the
driver ` \'; 1 CT6(,)l' iint.l 1i1(,)t )C>Il�:'C? f.OI IZITtl-E:)' t.C.) 1 C?.] l talc 1''.11lcjc?i'; down.
Aftet' l,ii:. )tiLt ld F: tc:') i+;,!: t () , ci lilt0
the i-ea I: t. of t.IIc C`iil ;1116 t.�l(' C."isF 1,'c;1'� f J1 ]6 \:ii_11
Overcoming 1,,T, I;ut:.IF3r lltt 111,`: S 1:"JC'lll'.i5, f I. n1:11(:ill t._U flee.
Neither i1r, huticr nor his frit.:o i('1cl-ltify any of
the City or Miamii police officer2 involved. Immedi. tc].y after
the incident, Mr. Butler contacted a commander of one of the
field force units who inspected the automobile and confirmed that
a fire had erupted in the back seat and that tear gas fumes were
still in the car.
The Internal Security Department for the City of Miami investi-
gated the incident. They were unable to identify any City of
Miami police officers, but did reach the conclusion that the
alleged act did in fact occur at the hands of unknown City of
Miami police officers.
84-SSS
Honorable Mayor and Members April 25, 1984
of the City Commission Page 2
James L. Butler, Jr. was age 24 at the time of this incident.
Approximately two years prior to this incident, he was involved
in a motorcycle accident wherein he was severely injured and the
motorcycle that he had built was destroyed. As a result of that
motorcycle accident, Mr. Butler's right leg was amputated above
the knee. Neuro-psychological testing indicated that there was
possible traumatic brain damage associated with the accident.
During his recovery from the motorcycle accident, Mr. Butler
suffered a pulmonary embolism with cardiac arrest. Due to a post
traumatic stress disorder and his physical condition after the
motorcycle accident, Mr. Butler was undergoing extensive voca-
tional counseling and rehabilitation with Counselor Michael
Morgenstern. Mr. Butler was starting vocational training in
order to do light assembly type work in a sheltered environment.
In summary, Mr. Butler was a substantially disabled, traumatized
individual who was doing as well as could be expected with a
positive outlook as to his future as of November of 1982.
Mr. Butler was trapped in his automobile during the tear gas
incident in December of. 1982 due to his physical disability.
Startled and panicked by the police officers' actions, he was at
first unable to leave his cat and suffered tear gas inhalation.
When he exitc ti his car, he sti:ucl� his lvr.er. bacr: on the car
handlC' as hC` 1'1i:Ci to 1:"0] j 011t: of. t:hG Cat t•12ti1C?l)t, t:.h(? O
his ctut;chc: . t)r, , cx�imi_nc(i 1)y ""Cott 1'il ( 1: , all
on t cbl-ur 1:�, , 1.98: oj, the no
acute inja1"y, but t:O n1inor
a g g r a %, a t- i on t. thc tint(: of the tfca' oa incicicnt of ,:111 rS,i. t.ing
back. i>rohlerrl. iat Pil>r. i.<::vcci t_ll. t i:,h(:,�;c pi-oI� )1(11��.; acre
substantially revolved by the t:.ilue Dr. Fiber felt. But..lcr.
Mr. Butler has received psychiatric t.rrr:,tin<..nt and treatment for
the tear gas inhalation from Dr. Michael Gilbert since the
December, 1982 incident.
Mr. Butler has been seen again by Mr. Morgenstern, the vocational
rehabilitation counselor. Mr. Morgenstern found that Mr. Butler
had suffered a significant setback in his rehabilitation after
the December, 1982 tear gas incident. Mr. Butler has withdrawn
again, is making no further effort to pursue any vocational
training, and is significantly hampered by coughing spasms and
shortness of breath.
84-555
Honorable Mayor and Members
of the City Commission
April 25, 1984
Page 3
Mr. Butler's psychological condition was evaluated by
psychologist Barry Crown after the December, 1982 incident. Dr.
Crown felt that the post traumatic stress that Mr.. Butler had and
was recovering from after the 1980 accident has now turned into a
chronic condition. According to Dr. Crown, the tear gas in-
halation may have exasperated the pulmonary condition existing
after the 1980 accident and may have affected the neuro-
psychological functioning. Dr. Crown does not find the outlook
very good but suggests long term support therapy. At best, Dr.
Crown would hope to make Mr. Butler self -sufficient enough to
allow Mr. Butler to at least leave his home without the presence
of a parent or perhaps to undertake some light work as generally
provided for severely disabled individuals by benevolent
employers.
Mr. Butler's medical bills related to this incident total at this
time in excess of $2,440.00. The estimated fee for long term
supported thereapy is $10,000.00 to $12,000.00. If counseling is
undertaken, additional neuro-psychological. testing will be needed
at a cost approximately $300.00 to $1,000.00.
All of the medical expcnscs, and other damages have been verified
as to corm:: tncs:.r .
Plaintiff f i :• bi-i ilg i_n9 cal ,ji m not. only for physical injury and
propertyd�=llli`ii7C' but: ZilSo 11ol v71,01 ation C`f Civil ri.Qhta Linder 42
U.S.C. 13(,
c c.t iron l tof;3 ar1d c I1 1iFli f o �at_t:arnc�y's; fees under 42
U.S.C. ;cc.,t. ioll 1,�:Itlti. ThC' f1C_i'i("L11:C: of (]'I1'iis ( "> 1n tt)ic care. goes to
the nature of the i.ncidcnt, th(., r;at u�.�c� of the vi o) at. i can of civil
rights and the damaacrs that Pl<int.if.f �--,uff:crcd therefrom,
emotionally as well as plhysically.
All claims of liability and damages have been investigated by the
City Attorney's Office in accordance with Ordinance No. 8417,
which created the City of Miami's Self -Insurance Program. After
extensive discussions and negotiations of all claims, including
claims for costs and attorney's fees, this matter can now be
settled without the admission of liability for the sum of
$25,000.00. The City Attorney's Office recommends that the City
of Miami pay $25,000.00 in full and complete settlement of this
claim against the City of Miami and its individual employees. The
Risk Management Division of the City of Miami and the City of
Miami Police Department are in agreement with this settlement.
Al�
JUP/JJR/wpc/ab/145
Enclosure (Resolution)
84-555