HomeMy WebLinkAboutR-23-0458City of Miami
Resolution R-23-0458
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14414 Final Action Date: 10/12/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY ALEXANDRIA CURCIE, WITHOUT
ADMISSION OF LIABILITY, THE TOTAL SUM OF $40,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF
MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE
CASE STYLED ALEXANDRIA CURCIE VS. CITY OF MIAMI, ET AL., PENDING
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT
OF FLORIDA, CASE NO. 1:22-CV-21962-DPG, UPON THE EXECUTION OF A
GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT UNDER 42
U.S.C. § 1983 AND STATE LAW PENDING IN FEDERAL COURT AND A
DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES
WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, on May 30, 2020, Alexandria Curcie ("Curcie") claims she was subjected to
excessive force and battery by Officer Marc Abraham and Officer Carlos Grave DePeralta that
resulted in alleged personal injuries to Curcie; and
WHEREAS, Curcie and the City of Miami ("City"), Officer Marc Abraham, and Officer
Carlos Grave De Peralta, are engaged in litigation in United States District Court in the Southern
District of Florida, Case No.: 1:22-CV-21962-DPG concerning claims of for alleged violations of
Civil Rights and State law battery and personal injuries sustained related to same; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and lawsuit be settled for the total aggregate sum
of $40,000.00, including the claims for attorneys' fees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The Director of Finance is authorized1 to pay Curcie, without admission of
liability, the total sum of $40,000.00 in full and complete settlement of any and all claims and
demands, including all claims for attorneys' fees, against the City and its officers, agents, and
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 1 of 2 File ID: 14414 (Revision:) Printed On: 10/18/2023
File ID: 14414 Enactment Number: R-23-0458
employees in the case styled Alexandria Curcie vs. City of Miami, Officer Marc Abraham and
Officer Carlos Grave De Peralta, pending in the United States District Court in the Southern
District of Florida, Case No.: 1:22-CV-21962-DPG, upon the execution of a general release of
all claims and demands brought for alleged violations of civil rights and battery pending in
federal court and a dismissal of the City and its officers, agents, and employees with prejudice.
Section 3. Funds to be allocated from Account No. 50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 10/2/2023
City of Miami Page 2 of 2 File ID: 14414 (Revision:) Printed on: 10/18/2023