HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable M.l; •r and M- - .ers of the City Commission
FROM: Jorge L. Fernandttorney
DATE: January 24, 20
RE: Proposed Settlemen -City Commission Agenda -February 10, 2005
Kimberly Duff, etc., et. al, v. City of Miami, etc., et. al.
Case No. 02-23643 Civ-Cooke Claim No. 007/PT/2001-106
(File No. 05-00035)
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 Four Hundred Thousand
Dollars ($400,000).
This is a federal civil rights lawsuit brought by Gregory Samms, Esquire, on behalf of
Kimberly Duff, as the Personal Representative of the Estate of Richard Beatty, against the City of
Miami for damages. Mr. Beatty, a United States Army veteran with known mental illness, was
shot multiple times by a City police officer during an attempt to apprehend him for having caused
a disturbance. He died on the scene. The presiding judge denied defense motions for summary
judgment.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $400,000 are available from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
W1159:CCM
Attachrnent(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator