HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayo nd Members of the City Commission
FROM: Jorge L. Ferna, " ' y omey C
DATE: February 8, 2005
RE:
Proposed Resolution for City Commission — February 24, 2005
Boris and Lilliana Blanco vs. City of Miami and Arturo Beguiristain
Case No. ; 04-20218-CIV-Jordan
(File No. 05-00049)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami and Arturo Beguiristain in the above -referenced lawsuit, in the total amount of
$60,000.
This is a civil rights action arising from Boris Blanco's January 6, 2000 arrest during an
Elian Gonzalez disturbance. On the date in question, former police officer Arturo Beguiristain
arrested Mr. Blanco for participating in an unlawful assembly and resisting arrest with violence.
Mr. Blanco sustained a bloodied nose and multiple contusions to his face and upper body.
Ultimately, the State Attorney's Office dismissed all charges against Mr. Blanco. Lilliana Blanco
claims that the officer struck her with his police baton during the course of her husband's arrest.
She further claims that she suffered a miscarriage as a result of this incident. Because of a
potential conflict of interest with retired Officer Beguiristain, the City Attorney's Office retained
Attorney Oscar Marrero to represent the officer. Officer Beguiristain retired in connection with
his involvement with the highly -publicized incidents leading to his federal prosecution for
obstruction of justice, in which he was ultimately convicted. Opposing counsel has agreed to
accept $60,000 for settlement of this case, including attorney's fees. The purpose of this
memorandum is to request settlement authority in this amount.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $60,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Attachment(s)
W1168:CAG
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator