HomeMy WebLinkAboutR-83-0989RFS OLUTT'�^l NO. 83-989)
THF' PI1,V'CTOK OF
HN/%.N(J:' TO F'A.'i TO POSA ',10 ?E:Y ANE,
TFh 111n'JS.At.,1) ( S 1 O p G1)C• . 00 ) !)r)1,l,r,PS , ''IT11(7)HT
T,E, APMTSSION OF IN I.U1,i, bNP
CO""PLFTF OF ALL t,Of'ILY It"Jum,
YF;Y.SONAL 1,% Ural' Fr.OTEICTIUNS, LIFNS,
COM1)11.VS.ATIC)X, L,IE.N (7C,ATv! il 7 iN1) DEylAN1)s
A(jAINS'i THE CITY OF KILANT"I'H Hjhp.'S, AND
1-,C' G!<U,'.p•; A'NU UPON E.XF:C,I'TI0N (:F' A RFI,EA.Si'
Ri'L AEING- M, C1'f.Y (jF' �IAyI, lr'r.rdP'Epi HARkjr-
Ar'r, koy t 4o',,N, FPON AL-1, CLnl:"S AN'l) DE,tiANDS.
6'HFRFA;,, Rosa Norev anc S aniiel Nlorev, throuoh i'lartin Foth,
Esu., of ttaher F, Roth, P.A., her attot: tie vs, filed a claim, a(iains t
the City of Miami, Police Chief "Kenneth Harms, and Police, Offictir
Rov Brown for in-it}ry, uersonal iniury protection
liens, worker's comrensation 1i.pn:- and violatior of 42 U.S.C.
Sr-ction 1963 clue to %n incicler.t wherein Rosa Morev was a110aecd1y
struck h%, Police Of_ f icer R ov ?rown on ',1-iv 18 - 19, 198n at or
near Northwest 7th I�venlio an.1 36-to Ftreet in Davie Countv,
Ftorieia; and
'.-HERFAS, t.l;f at,ove Clai«1 has teen irnvestiaated 1;v the Tort
Division of the City A ttornPv' s Ot f i co ann in accordance 1,; ith
Ori2inance tio. f;417, wit:icil created the City of 1,1.iami's Self-
Ins-arance Procram, the City Attornev's Office recommends that
these cla iii-, be settled without the a+-iiission of liability, for
the sure of Ten Thousand ($10,000.00) Dollars;
?40W, THER!',FORE, PH, I`C RESOLVED BY THE COMMISSION OF, THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereb,,► authorized
to Fay to Rosa Morey and Samuel Morey the sum of Ten Thousand
($10,000.00) Dollars without the admission of liahili.ty, in full
and complete settlement of all hodily iniurv, nersonal iniury
,protection liens, worker's cor-pensation liens, claims and demands
anainst the City of Miami, Police Chief. Kenneth Harms and Police
Officer Roy Brown, upon the execution of a release releasing the
CITY CCMMISS10
MM Ii';; G r r'
OCT 25 1983
NO 83""8.
It(tMARKS _
t_ity of °�iarni, Police Chief Wenn(nt'i iar,,is, ,.m! Rov Fkrown from all
Uo-3iIv inI-iry f)?rirt'I,lry orotection 1Lens, %vc)rk0-r'c
compensation lteris anA Clli'T5 and cis?"ictn(ts.
PASSED AND A\DOPTEC) this 25th (jay of ncto!-,er_ , 19� j .
_ Maurice A. Ferre
MAURICE A. FE,RPF,
b'AYOR
ATTEST:
c T�
PREPARFP ANn Al PPOVED BY:
-�4
t-TJLIA J . ROBERTS
Assistant City Attorney
APPROVED AS TO FORA: AND CORRZEL'1.N&SS:
P1.CISF GARCIA-PEDROSA
City orney
JJR/wpc;/at-)/381
2 83-98E,,
TO
FROM:
79
CITY OF MIAMI. FLORIOA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Jose R. Garcia -Pedrosa;
Citv Attor_nev
GATE FILE:
epte_mher 15, 1933 PT-80-08
& L-81-55
SUBJECT Rosa lorev vs. The City of
Miami and Rov Brown
Circuit Court Case ;31-7780(02)
REFERENCES.
D/T: %lav 13, 1980
ENCLOSURES:J/ I: Northwest 7th Ave. & 35th
Street, i•liani, Florida
Plaintiffs, Rosa Morey and Samuel Norey, her husband, filed a
claim against the City of ;,iiani, Police Chief Kenneth Harms, and
Police Officer Roy Brown for alleged police misconduct, use of
excessive force, assault and battery, negligence, and under 42
O.S.C. Section 1983 (violation of civil rights) for personal
injuries as a result thereof. This incident occurred late on 'play
18, 1980 or early on May 19, 1930 at or near Northwest 36th
Street and 7th Avenue. Plaintiff, a 30 year old Black woman, and
her husband, a Black City of Miami fire?nan, had attended a rally
supporting the Black community at the Criminal Justice Build-
ina/Civic Center at approximately 5 P.M. on Yav 18th. Prior to
the rally, Plaintiffs had dropped their children at a friend's
house near 37th Street and Northwest loth Avenue. When the crowd
at the rally began hauini confrontations with the police at
approximately 8 P.,,I. the Plaintiffs left the rally to meet
Plaintiff Rosa Morey's brother. Around midnight or so, the
Plaintiffs decided to proceed back to nick up their children and
ao home. however, Plaintiff Samuel lorev, wanted to ao past the
fire station at Northwest 7th Avenue and 36th Street, where he
worked, to see if he could !�e of any assistance; ne was not
scheduled to report to work until 7:30 on Mav 19, 1983.
As the Plaintiffs approached the fire station, ths-: saw a croup
of police surroundinq six Black youths. Plaintiff Samuel "orey,
aot out of the car while Rosa Morey went on down the street to
park the car. Plaintiff Rosa ;+orey allegedl�r saw Plaintiff Sanuel
Morey standing a short distance iron the police whan one police
officer started to drive toward hi:n in a oolice car. plaintiff
Samuel Morev then rar, to the fire station, climbed ua the chain
link fence surroundinq it, and went out of si7ht. Additional
oolice officers started to clias` Samuel Xorey on foot. Rosa
F: •
Honorable Mavor and Men'.ers Seotember 13, 1983
of the City Commission Pace 2
Morey at that time aroroachec! a Black police officer, whoa she
later inentified as Roy Brown. She allecedly tried to tell him
that her husband was a fireman and .gas not causing anv trouble.
Both Officer Brown and Rosa *Morey started to climb the fence. At
that time, Officer Brown allegedly asked Rosa Morey what she was
doing and told her to get off of the fence. She had apparently
straddled the fence when another unknown police officer on the
inside of the fence grabbed her leg and started pulling. She
tried to shake him, loose, kicking at him. Rov Brown then
allegedly grabbed her and pulled her off of the fence. Accordinq
to Plaintift Rosa t,'orev when they hit the ground, she tried to
exn'Lain but he started hitting her with a kellite or nightstick
and swearing at her. He allegedly struck her on the left side of
her head and face, the back of her heard, in her stomach and on
her back. He then alllegedly stopped hitting her and told her to
get out of the area.
Plaintiff Rosa Morey ran around to the front of the fire station
and started rinainc the bell for admission. A white police
officer, Officer Pierce, approached her and asked what the
problem was. She told him about her husband, he talked on a hand
radio and then thev went rack around the fire station. Samuel
Mkorev was on the roof of the fire station at that time, being
held at bay by the police officers. Plaintiff Samuel Morey then
came off the roof and satisfied the police officers as to his
identity. At that time, everyone started to leave. Plaintiffs
Rosa and Samuel Morey pot into a brief heated confrontation. with
Roy Brown at that time but it was allegedly just a quick exchange
of insults before everyone left with no _.)hvsical contact at that
time.
Police Officer. Roy Brown basically agreed with Plaintiff Morey's
version of the circuristances procee(9ino the incilent, except that
he states that after he pulled her off of the fence, he told her
to leave. Officer Roy Brown denies striking her, swearing at her
or encountering her again. There are no witnesses besides
rlaintiff Rosa Morey and Roy_ Brown as to the first confrontation
where tiie alleced assault occurred. Olfficer Joseph Pierce does
confirm the last cart of Rosa �Iorey's story about a 'Last en-
counter with Roy 3rown after her husband had returned to the
hound from the rira station roof. Officer ?rows denies that
second confrontation.
:Iedical records from Coral Reef Hospital, dated ',fay 21, 1980,
confirn a blunt head trauna with rinor swellinn and tenderness on
the head. The ereraenckr room doctor referred zer to or.
Moskowitz, a doctor of osteopathic medicine, who examined her on
�.
83-9891
Honorable ,Iayor and Me-nbers
of the City Commission
September 15, 1983
Page 3
23, 1980. or. moskowitz found areas of tenderness on the
scalp and sub -occipital areas, which he identified as hematomas.
The doctor also found :muscle spasm in the upper neck and bruises
or contusions to the abdomen walls. He treated her with medica-
tion and physical t1herapy for these problems and for pain from
her neck coinv into her left arm. She apparently saw him last in
January of 1981. Dr. Moskowitz noted that Rosa Morey was
extremely anxious and depressed so he recommended psychiatric
treatment. She started seeing a psychologist, Dr. Barry M.
Crown, in February of 1981 and continued with weekly sessions
through August of 1981. His records indicate that she was in
so.-ae emotional distress at that time and was full of anger and
suspicious. The psychologist related that to the incident of
may, 1980. Plaintiff Rosa Morey also saw two psychiatrists, Dr.
Joel Savits and Dr. Vilasuso. She apparently saw Dr. Savits only
once, as she was unable to afford treatment with him. She saw
Dr. Vilasuso for three or four visits in March of 1981 while she
was also seeinc, Dr. Crown. No opinions were given.
There is some indication that Plaintiff Rosa Morey began having
gynecological problems in March of 1981. There is no evidence
relatinq these problems directly to the blows she allegedly
received to her abdomen durino the May, 1980 incident. At that
time, Plaintiff Rosa Morey demanded a tubal ligation for, what
she told the doctor, were social and economic reasons. Plaintiff
Rosa Morey claims on deposition that she would not have had the
tubal ligation if she had been in a more secure emotional state.
In deposition Rosa Morey alleged that although she suffered
physical problems for approximately six months to a year after
the May 1980 (she relates the gynecological problems in March of
1981 to the "ay, 1980 incident) , she does state that she has now
recovereu to a significant degree nhvsically. Plaintiff Rosa
Morev has described her psychological problems as ha%ring arisen
out of a arowing fear of police officers and physical violence.
She claims that this has affected her marriage and that she and
her husband, Samuel Morey, have at times come close to separation
due to this oroblen.
Plaintiff's me6icals, including the bills for Dr. Moskowitz, Dr.
Barry Crown, Cr. Vilasuso, Or. Savits, and the Coral Reef
Emer;envy Room totalled approximately $2,730.00. Plaintiff was
working at the time of this incident as a nursing assistant at
83--9881
Honorable Mavor and Members September 15, 1983
of the City Commission page 4
Jackson Memorial Hospital part time. She was earning aooroxi-
mately S62.90 a week at that job. She did not return to that
work after the incident, first due to her physical disabilities
and then due to emotional problems but she returned to school in
the fall of 1982.
The allegations of the complaint raise a cause of action aqainst
City of Miami and Police Chief Kenneth harms for negligent
hiring, training, retention, and supervision of Police Officer
Brown under 42 G.S.C. Section 1983. A review of Police Officer
Brown's background has revealed that his record was exemplary in
1977 when he was named Officer of, the Year by the Rotary Club of
miami. He continued to receive commendations and letters of
appreciation throughout his employment up to and until the date
-� of this incident of May, 1980. But during the same period,
Officer Roy Brown also had ten internal security complaints
lodged against him. Most were not sustained except for two
incidents, one in April of 1976 and one in :March of 1978. In
both of those cases, Officer Rov Brown's interaction with
girlfriends off duty led to complaints of excessive force. As
these incidents were off duty, findings of conduct unbecoming a
police officer, instead of more serious charges, were sustained.
Also within the remaining complaints unsustained were several
claims of discourtesy involving fe^iale subiects. At the time of
the ;May, 19bO incident, Police Officer Rov Brown was scheduled
for stress counseling, but the records available indicate that
this counseling did not actually occur until after the May, 198(
incident.
If the Citv of hiami and/or Police Chief Kenneth Harms, wer
found to have negligently hired, trained, retained or supervise
Supervisor. Roy Brown, thereby failing to protect Plaintiff fri
the use of excessive force, the City would be exposed
unlimited liability under 42 U.S.C. Section 1983, and as well
held liable for attorneys fees and costs under 42 U.S.C. Sect!
1583 and Section 1968, which are Federal law counts. If Offi
Rov Irown is found to have struts and insured Plaintiff R
.iorev as alleged by Plaintiff Morey and indicated by the medi
records of her doctors, the City of *,,iiami faces exposure ur
Florida Statutes, Section 768�.28 for monetary damages ul
$50,000.00 for Rosa Morey's claim and $50,000.00 for Sal
Morev's derivative claim as her husband for medical bill:
loss of consortium. Plaintiffs' initial demand to settle
case was $50,000.00. Subsequently, Plaintiff reduced
f
Honorable Mavor and Members
of the City Commission
September 15, 1983
Page 4
Jackson Memorial Hospital part time. She ,was earning aocroxi-
mately S62.90 a week at that job. She did not return to that
wort after the incident, first due to her physical disabilities
and then due to emotional oroblems but she returned to school in
the fall of 1982.
The allegations of the complaint raise a cause of action aqainst
City of Miami and Police Chief Kenneth Harms for negligent
hiring, training, retention, and supervision of Police Officer
Brown under 42 U.S.C. Section 1983. A review of Police Officer
Brown's background has revealed that his record was exemplary in
1977 when he was named Officer of the Year by the Rotary Club of
;Miami. He continued to receive commendations and letters of
aooreciation to roughout his employment up to and until the date
of this incident of May, 1980. But during the same period,
Officer Roy Brown also had ten internal security complaints
lodaed against him. Most were not sustained except for two
incidents, one in April of 1976 and one in ;March of 1978. In
both of those cases, Officer Roy B-rown's interaction with
airlfriends off duty led to complaints of excessive force. As
these incidents were off duty, findings of conduct unbecomina a
police officer, instead of more serious charges, were sustained.
Also within the remaining complaints unsustained were several
claims of discourtesy involving female subiects. At the time of
the May, 1980 incident, Police Officer Rov Brown was scheduled
for stress counseling, but the records available indicate that
this counseling did not actual1v occur until after the May, 1980
incident.
If the City of Miami and/or Police Chief Kenneth Harms, were
found to 'nave negligently hired, trained, retained or supervised
Supervisor_ P,oy Brown, thereby failing to protect Plaintiff from
tine use of excessive force, the City would be exposed to
unlimited liability under 42 U.S.C. Section 1983, and as well be
held liable for attorney's fees and costs under 42 U.S.C. Section
13a3 and Section 1968, which are Federal law counts. If Officer
Rov 3rown is found to have struck and injured Plaintiff Rosa
Xorey as alleged by Plaintiff %!orev and indicated by the medical
records of her doctors, the City of Miami faces exposure under
Florida Statutes, Section 763.28 for monetary damages up to
$50,000.00 for Rosa Morey's claiin and $30,000.00 for Samuel
Morev's derivative claim as her husband for medical bills and
loss of consortium. Plaintiffs' initial demand to settle this
case was $50,000.00. Subsequently, Plaintiff reduced that
83-9L
=ionorable Mayor and Members
of the Citv Commission
September 13, 1983
pace 5
demand to 525,000.00. After extensive discussions and negotia-
tions, this matter can now be settled for $10,000.00.
The claim has been investigated by the City Attorney's Office in
accordance with Ordinance No. 8417, which created the City of
ami's Self Insurance Program. The City Attorneys Office
recommends that the City of Miami pal $10,000.00 in full and
complete compromise settlement of this claim without an admission
of liability.
JJR/wpc/ab/380
Enclosures (Resolution)
CC: City Manager
City Clerk
53-96