HomeMy WebLinkAboutR-78-0692f sOLUTIoN• NO: A.9 .
_kESOLUTION AUTHORIZING THE DIRECTOR OF
1INA10E TO PAY TO VICTOR BROWN, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF
NINE THOUSAND DOLLARS ($9,000.00), IN FULL
AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST
THE CITY OF MIAMI AND POLICE OFFICERS GENTRY
AND KAMINESH, FOR ALLEGED PERSONAL INJURIES
SUSTAINED BY HIM, UPON THE EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI AND
"SUPPORTIVE 'TIVE KrAMINESHFROM RALL GENTRY DPOLICE OFFICER
CLAIMSA NDDE DEMANDS.
DOCUMENTS
FOLLOW"
WHEREAS, the Plaintiff, VICTOR BROWN, filed an action
against the City of Miami, Police Officers Gentry and Kaminesh,
in the Circuit Court of Dade County, Florida, bearing Number
78-4711, alleging that he incurred personal injuries due to
being subjected to false arrest, assault and battery, use of
excessive force in effecting an arrest and wrongfully jailed,
on July 2, 1977, at or near 3146 Main Highway, Coconut Grove,
Miami, Florida; and
WHEREAS, this claim has been investigated by the Office of
the City Attorney, and after considerable negotiations with the
attorney for the Plaintiff, a settlement in the amount of Nine
Thousand Dollars ($9,000.00) would be acceptable to the Plaintiff;
and
WHEREAS, the Office of the City Attorney recommends that this
law suit be settled for the sum of Nine Thousand Dollars ($9,000.00)
in full and complete settlement of all claims against the City of
Miami and the two police officers, including the Plaintiff's out of
pocket expenses of more than $3300.00, and all attorney's fees
and costs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
"DOCI1M 7!'1* IMDEX
EM ICU.
Section 1. That the Director of Finance is hereby auth rized
and directed to pay to VICTOR BROWN, without the admission of
liability, the sum of Nine Thousand Dollars ($9,000_nn) in full
CITY COMMISSION
MEETING OF
NOV) 1978
uram h0 7 8 - 6 9
CITY OF MIAMI, FLORIDA:
r
INNIS
11110 11111111111111101 II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II IY III
and complete settletnent of his claith against the City of Miami,
Police Officer Gentry and Police Officer Kaminesh, including his
out of pocket expenses of more than $3,000.00, and including all
other costs and attorney's fees, for alleged personal injuries
sustained by him, upon the execution of a release releasing the
City of Miami and Police Officers Gentry and Kaminesh from all
claims and demands.
PASSED AND ADOPTED this 9 day of NOVEMBER ,
1973,
MAURICE A. FERRE
MAYOR
ATTEST:
,z -'
CITY CLERK
PREPARED AND APPROVED BY:
Nestor Cruz, Assistan City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
DOC;UE`ENTS
FOLLOW"
78-692
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MEM
I4
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To The honorable Members of
the City Commission
FROM
George Knox,
City ��� orney
DATE
OCT
October 23, 1978
.Li
F I:F L-78-044
SUBJECT Victor Brown vs. City of Miami,
Police Officer Gentry and
Police Officer Kaminesh
REFERENC61rCu1t Court No. 78-4711 .-...
ENCLOSURES
(Resolution)
The Plaintiff, Victor Brown, filed an action against the City of
Miami, Police Officer Gentry and Police Officer Kaminesh, on
March 24, 1978, claiming personal injuries as a result of false
arrest, assault and battery, use of excessive force in effecting
an arrest and wrongful jailing on July 2, 1977, at or near 3146
Main Highway, Coconut Grove, Miami, Florida.
The law suit alleged that Police Officer Gentry and Police Officer
Kaminesh questioned the Plaintiff about a motorcycle that was
wrongfully parked. While questioning him, they falsely arrested
the Plaintiff, beat him, knocked him unconscious to the ground and
handcuffed him, took him to jail, booked him, arrested him and
mugged and fingerprinted him. Subsequently, all charges against
the Plaintiff were dismissed by the State Attorney.
The Plaintiff sustained $3,350.00 out of pocket expenses, including
lost wages of $900.00, due to this false arrest. Investigation of
the matter indicates that excessive force was used against the
Plaintiff and that a jury verdict could be very much higher than
the settlement agreed on inasmuch as juries nowadays are unduly
liberal about such unprovable items as pain and suffering and the
like.
Plaintiff's original demand for settlement was in the amount of
$13,000.00. After considerable negotiation, counsel for the Plaintiff
has agreed to accept the sum of $9,000.00 in full and complete settle-
ment of the case, including the Plaintiff's out of pocket expenses of
$3,350.00.
To avoid further expenses in this case together with the exposure
of the City of Miami at trial and the possibility of an adverse
verdict against the City of Miami and the two police officers, the
City Attorney's Office recommends that this claim be settled for the
sum of $9,000.00 in full and complete settlement of this case, including
all out of pocket expenses, medical expenses and attorney's fees.
GFK/NC/fl
(Resolution attached)
"SUPPORTIVE
DOCUMENTS
FOLLOW"
692
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO VICTOR BROWN, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF
NINE THOUSAND DOLLARS ($9,000.00), IN FULL
AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST
THE CITY OF MIAMI AND POLICE OFFICERS GENTRY
AND KAMINESH, FOR ALLEGED PERSONAL INJURIES
SUSTAINED BY HIM, UPON THE EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI AND
POLICE OFFICER GENTRY AND POLICE OFFICER
KAMINESH FROM ALL CLAIMS AND DEMANDS.
WHEREAS, the Plaintiff, VICTOR BROWN, filed an action
against the City of Miami, Police Officers Gentry and Kaminesh,
in the Circuit Court of Dade County, Florida, bearing Number
78-4711, alleging that he incurred personal injuries due to
being subjected to false arrest, assault and battery, use of
excessive force in effecting an arrest and wrongfully jailed,
on July 2, 1977, at or near 3146 Main Highway, Coconut Grove,
Miami, Florida; and
WHEREAS, this claim has been investigated by the Office of
the City Attorney, and after considerable negotiations with the
attorney for the Plaintiff, a settlement in the amount of Nine
Thousand Dollars ($9,000.00) would be acceptable to the Plaintiff;
and
WHEREAS, the Office of the City Attorney recommends that this
law suit be settled for the sum of Nine Thousand Dollars ($9,000.00)
in full and complete settlement of all claims against the City of
Miami and the two police officers, including the Plaintiff's out of
pocket expenses of more than $3300.00, and all attorney's fees
and costs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby authorized
and directed to pay to VICTOR BROWN, without the admission of
liability. the sum of Nine Thousand Dollars ($9,000.00) in full
iisupPorcrivE
D OC M
6 2
F LOWIS 4 ki
•
•E-
M=W
REF
MI&
Md coitpiete settlement of his claim against the City of Miami,
Police Officer Gentry and Police Officer Kaminesh, including his
out of pocket expenses of more than $3,000.00, and including all
other costs and attorney's fees, for alleged personal injuries
sustained by him, upon the execution of a release releasing the
City of Miami and Police Officers Gentry and Kaminesh from all
claims and demands.
PASSED AND ADOPTED this
day of , 1978.
ATTEST:
PREPARED AND APPROVED BY:
estor ruz, ssista Ity ttorney
APP AS TO FORM AND CORRECTNESS:
eorge
ttorney