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HomeMy WebLinkAboutR-83-0304J-83-'l43 kESOLUTION NO. S 3-3011 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EUGENIO L. ARENCIBIA AND MARIA ELENA ARENCIBIA, HIS WIFE, THE SUM OF SIXTEEN 'THOUSAND DOLLARS ($16,000.00) WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, WORKER'S COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND RAYMOND CASTILLO AND UPON EXECUTION OF A RELEASE RELEASING Ttit, CITY AND RAYMOND CASTILLO FROM ALL CLAIMS AND DEMANDS. ►vHEREAS, Eugenio Arencibia and Maria Elena Arencibia, his wife, through Manuel R. Morales, Jr., Esquire of Brumer, Cohen, Logan and Kandell, P.A., their attorneys, filed a claim against the City of Miami for alleged bodily injury, personal injury protections liens, worker's compensation liens, civil rights violations, and property damage resulting from an alleged detention by City of Miami Police Officer Raymond Castillo of Eugenio L. Arencibia on February 4, 1982 in the area of Southwest Sixteenth Avenue and Fifteenth Street in Miami, Made County, Florida; and WHEREAS, the above clain has been investigated by the Torts Division of the City Attorney's Office and in accordance with Ordinance No. b417, which created the City of Miami's Self.- ' Insurance Program, the said office recommends that these claims be settled without the admission of liability for the sum of Sixteen Thousand Dollars ($16,000.00); NOW, THEREFORE, BE IT RESOLVED BY THE CDMISSION OF THE CITY OF MIAMI, FLORIDA: section 1. The Director of Finance is hereby authorized to pay to Eugenio L. Arencibia and Maria Elena Arencibia, his wife, the sum of Sixteen Thousand Dollars ($16,000.00), without the admission of liability, in full and complete settlement of all bodily injury, personal injury protection liens, worker's compensation liens, property damage claims, claims and demands against the City of. Miami and Raymond Castillo upon execution of CITY COMMISSION MEETING OF A P R 6 1983 r] a release releasinq the City of Miami and Raymond Castillo from all bodily injury, personal injury protections liens, worker's compensation liens, property damage claims, claims and demands. PASSED AND ADOPTED this 6th day of April , 1983. Maurice A Ferre MAURICE A. FERRE, Mayor ATTEST: -� J Q RAL G. ONGIE CITY CLERK PREPARED AND APPROVED BY: JVLIA J. ROBERTS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-P'DROSA ITY ATTORNEY wpc/mf/104 -2- .,, -t.. ' ..zl.. �.:'r�•. :. w'S.•�,1'• .'R'S':- `� _':),.+ .' is - .... ;A:.. :?:.. 7 .i..'it. :«;'4+i :fii'�it rtty:!'t-L.��t�� .:1 t:ir�t:i�',' ••:i9f�'�nil�:!'M.id'1'i_!i' .- ". •J-. �L•1: �. . . �. 62_ Honorable Mayor and Members of the City Commission Jose R. Garcia -Pedrosa City Attorney March 24, 1983 PT-82-015 & L-82-131 Arencibia, et al., vs. City of Miami and Castillo, Circuit Court No. 82-18607(01) D/I: L/I: 2/04/82 S. W. l6th Avenue and 15th Street, Miami, Florida. Plaintiffs, Eugenio L. Arencibia and Maria Elena Arencibia, his wife, filed a claim against the City of Miami and City of Miami Police Officer Raymond Castillo, through their attorney, Manuel R. Morales, Jr., Esq., of Brumer, Cohen, Logan & Kandell, P.A., to recover for personal injuries received by Eugenio L. Arencibia and damages sustained by Eugenio L. Arencibia for the violation of his civil rights under the laws of the United States of America and Florida arising out of the alleged detention of Mr. Arencibia by Police Officer Castillo. This incident occurred in the early morning hours of February 4, 1982 in the area of northwest 16th Avenue and 15th Street in Miami, Florida. Police Officer Raymond Castillo had received a report of a stolen cab pursuant to an armed robbery which had just occurred in the area of Northwest 14th Avenue and 14th Street in Miami, Florida. The stolen cab was identified as Yellow Cab #60. Officer Castillo, on the belief that he had apprehended the stolen cab, stopped and detained the driver of Yellow Cab #178, Mr. Arencibia. Police Officer Castillo used force in stopping, detaining, and handcuffing Mr. Arencibia, which included forcibly placing Mr. Arencibia on the ground and striking him in the chest with a flashlight. Mr. Arencibia and the two female passengers in his cab allege that the police officer also kicked Mr. Arencibia while he was on the ground and struck him for no reason. It is also alleged that the police officer did not permit Mr. Arencibia to explain that he was the legitimate driver of Yellow Cab #178 and that the police officer had apprehended the wrong suspect vehicle. Mr. Arencibia was forty-eight at the time of this incident. He suffered scrapes and bruises to his knees, elbows,and chest, bleeding from his right ear and a cut at the corner of his right eye. He was treated at Jackson Memorial Hospital Emergency Room for contusions with no fractures and complaints of head pain approximately two days after the incident at a cost of $82.00. 83-3©4 -1. 6r .i•Y. `tittl • .�-D:�Y.ts � `.-!.•, ti:�t= •! • .{ : �!t•;r ,- _r;iy';f'i`.,+-� .'.NFr.794•,.,�•�Y;%Y%`;_...a:, •e�=;.>,'�'•'h-+wJSiwl`;'k'ut.S..��-•%�,{ir�+.:.rma.�vti�rn _ . Honorable Mavor and Members -2- March 25, 1983 of the City C anmission Subsequently, Mr. Arencibia went to see General Practitioner, Manuel A. Porto, complaining of headaches, nervousness, and neck and back pain radiating to the arms and chest. Dr. Porto found, upon examination, abrasions to the right side of the face, right ear, left elbow and right knee. Mr. Arencibia's lips were swollen. He complained of pain on motion in the neck and back and on pressure to the sternum (center chest), abdomen and kidneys. Ur. Porto prescribed painkillers, muscle relaxants and physical therapy. During the month of February, Mr. Arencibia continued to complain of nervousness and made complaints of insomnia and poor appetite. These conditions were evidenced by a weight loss documented by Dr. Porto. Physical therapy for the neck and back injuries was continued until the end of April. A final examination on May 4, 1982 still elicited complaints of pain in the neck and back, poor appetite, nervousness, and insomnia. Dr. Porto discharged Mr. Arencibia with an estimated permanent partial disability of 8 to 10% to the body as a whole and a medical bill of $79U.00. Mr. Arencibia was also seen at Pasteur Medical Clinic at 3233 Palm Avenue, Hialeah, in early February for x-rays and a consul- tation which resulted in the bill of $175.00. Mr. Arencibia's total medical bills related to this incident were $1,047.00. Mr. Arencibia was out of work by doctor's orders for approxi- mately eleven weeks. His tax statements indicate an average income of $130.00 per week, bringing his loss in wages to $1,430.00. Mr. Arencibia, in his complaint against the City of Miami, alleged negligence, false arrest, and assault and battery by the police officer, along with intentional infliction of severe emotional distress. The Plaintiff also alleged violation of 42 U.S.C. §1983 under Federal law. This statute allows recovery by an individual against a municipality for deprivation of civil rights. Mr. Arencibia alleged negligent hiring and training on the part of the City as to Police Officer Castillo. The Internal Security review file on this matter substantiated the allegations that Officer Raymond Castillo used excessive force in controlling f 3-3©4. ` .;�i•.')t ,; ;Ti.!:..r: "�'t`r:y:�ei ::f�'r7.+;J •:"vris,`{ '7as ? , "(t. Honorable Mayor and Members -3- March 25, 1983 of the City Commission and subduing Mr. Arencibia. It also determined that both Officer Castillo and his Sergeant, Ginger Broussard, failed to complete or insure the completion of the necessary reports concerning the injury to Mr. Arencibia and the force used. As, under Florida Statutes §768.28, the City of Miami is respon- sible for any torts by its employees subject to the limitations o-f that statute, responsibility rests with the City of Miami for this incident. It is also possible that the City of Miami may be found to have deprived Mr. Arencibia of protected civil rights under 42 U.S.C. §1983, entitling him to the recovery of at- torney's fees. All of the medical expenses and other damages have been verified as to correctness. The original demand that the Plaintiff presented was for $65,000.00 against the City of Miaini. This was later reduced to $25,000.00. After extensive discussions and negotiations, the matter can now be settled for $16,000.00. This claim has been investigated by the City Attorney's Office and in accordance with Ordinance No. 8417, which created the City of [Miami's Self -Insurance Program. The City Attorney's Office recommends that the City of Miami pay $16,000.00 in settlement of this claim. JJIZ 105 Enclosures (Resolution) 83-304