HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney3A_
DATE: October 12, 2023
RE: City Commission Meeting — October 12, 2023
Proposed Settlement — Alexandria Curcie vs. City of Miami, Officer Carlos
Grave De Peralta, Officer Marc Abraham, pending in the United States
District Court for the Southern District of Florida
Case No.: 1:22-CV-21962-DPG
File No.: 14414
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Alexandria Curcie against the City of Miami, Officer Carlos Grave De Peralta
and Officer Marc Abraham in the amount of $40,000.00, in the matter of Alexandria
Curcie vs. City of Miami, Officer Carlos Grave De Peralta and Officer Marc Abraham,
pending in the United States District Court for the Southern District of Florida.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the General Liability Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-23-0458
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
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
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.
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 ttor
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.