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HomeMy WebLinkAboutcover memoCITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Me ti-rs of the City Commission FROM: Jorge L. Fernand ity • orney DATE: September 13, RE: Proposed Settle en City Commission Agenda -September 23, 200.4 Rene Santiago Morales v. Francisco Casanovas, et al. Case No. 04-20949 CIV-MORENO Claim No. 000757-000784-PP-01 (File ID# 04-01062) The attached proposed Resolution seeks authorization for settlement of all claims against the City of Miami in the above -referenced case, in the amount of Eighty Thousand Dollars ($80,000). This is an action brought by Hugh L. Koerner, Esquire, on behalf of Rene Morales claiming false arrest and excessive force against the City of Miami as well as civil rights violations and malicious prosecution against Officer Francisco Casanovas. Oscar Marrero, Esquire has been retained by the City of Miami to represent Officer Casanovas. The events leading to the claim occurred on April 22, 2000, and occurred in the context of massive demonstrations that day relating to the seizure of Elian Gonzalez by the federal government. After negotiations, Plaintiff agreed to accept $80,000 to settle this case. I have spoken to Chief Timoney regarding this settlement, and he approved a resolution without admission of liability for Eighty Thousand Dollars ($80,000). The City Attorney's Office has investigated and evaluated this case and has approved the recommendation of this settlement. Funds in the amount of $80,000 are available from the Self - Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652. WI 108:ir:AS Attachment(s) c: Joe Arniola, City Manager Elvi G. Alonso, Agenda Coordinator