HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: Victoria Mendez, City Attorney3
DATE: February 8, 2024
RE: City Commission Meeting — February 8, 2024
Proposed Settlement — Latoyla Yasheen Cooper -Levy, Phillip Sylverin,
Sherman Rivers, Joseph Simmons vs. City of Miami, pending in the
United States District Court for the Southern District of Florida
Case No.: 1:22-CV-21939-BB
File No.: 15497
Honorable Mayor and Members of the City Commission
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Latoyla Yasheen Cooper -Levy, Phillip Sylverin, Sherman Rivers, Joseph
Simmons against the City of Miami in the total amount of $300,000.00 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. 50001.301001.545010.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/JAG/BC
City of Miami
Legislation
Resolution
Enactment Number: R-24-0054
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15497 Final Action Date:2/8/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY PLAINTIFFS LATOYLA YASHEEN COOPER -LEVY, PHILLIP
SYLVERIN, SHERMAN RIVERS, JOSEPH SIMMONS, AND THEIR ATTORNEYS,
WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $300,000.00 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
LATOYLA YASHEEN COOPER -LEVY, PHILLIP SYLVERIN, SHERMAN RIVERS, AND
JOSEPH SIMMONS VS. CITY OF MIAMI, PENDING IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 1:22-
CV-21939-BB, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS
AND DEMANDS BROUGHT UNDER 42 U.S.C. § 1983 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, in 2021, Latoyla Yasheen Cooper -Levy, Phillip Sylverin, Sherman Rivers,
Joseph Simmons (collectively, "Plaintiffs") claimed that the City of Miami ("City") engaged in a
practice or pattern that deprived them of their personal property; and
WHEREAS, Plaintiffs and the City are engaged in litigation in United States District
Court in the Southern District of Florida, Case No.: 1:22-CV-21939-BB concerning claims of for
alleged violations of Civil Rights; 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 $300,000.00, including the claims for attorneys' fees, and that the total sum of $300,000.00
be paid into the Trust Account for the Greater Legal Services of Miami so that the total sum may
be divided amongst the four Plaintiffs and their attorneys consistent with their own agreements;
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 authorized' to pay Plaintiffs Latoyla Yasheen
Cooper -Levy, Phillip Sylverin, Sherman Rivers, Joseph Simmons, and their attorneys, without
admission of liability, the total sum of $300,000.00 so that they may divide the total sum
amongst themselves consistent with their own agreements 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 Latoyla Yasheen Cooper -Levy, Phillip
Sylverin, Sherman Rivers, Joseph Simmons vs. City of Miami, pending in the United States
District Court in the Southern District of Florida, Case No.: 1:22-CV-21939-BB, upon the
execution of a general release of all claims and demands brought for alleged violations of civil
rights 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, City Attor
1/30/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.