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CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Mayor and Memb
FROM: Jorge L. Fcrna
DATE: November 29, 200
RE:
of the City Commission
At • -ney4"
Proposed Settlement -City Commission Agenda -December 9, 2004
Edwin Disla vs. Jenny E. Luna, et. al.
Case No, 03-23126 CIV-HIGHSMITH
Claim No. 000757-001610-PP-01 (File ID# 04-01262)
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 Thirty -Five Thousand Dollars
($35,000.)
Phis is a lawsuit brought by Douglas Bates, Esquire on behalf of Edwin Disla against the
City of Miami, Detective Yves Fortune and Jenny Luna for damages. The action asserts claims
for False Arrest, Malicious Prosecution and Violation of Civil Rights in Federal Court before
Judge Shelby Highsmith and set for trial during the two work period commencing April 4, 2005.
This case was mediated before William Lemos, Esquire of Florida Mediation Group on
October 5, 2004. At the conclusion of the mediation the parties agreed to resolve the case for
$35,000 for a complete dismissal of all claims against all parties.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $35,000 are available from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Attachment(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
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