HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor a
FROM: Jorge L. Fernan
DATE: April 1, 2005
RE:
Membe + the City Commission
ttorney
Proposed Settlement for City Commission Meeting — April 14, 2005
Phyllis Singleton, etc., et al. v. City of Miami, etc., et al.
United States District Court Case No. 03-21046- CIV-COOKS
Claim No. 000757-000967-PP-01 (File No. 05-00271)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami and its officers, agents and servants, including but not limited to City
Manager Carlos Gimenez, Chief Raul Martinez, Officer Javier Gonzalez, Officer Rafael Borroto
and Officer Brian Wilson, in the above -referenced case in the amount of $350,000.
This is an action brought by the Estate of Nicholas Singleton against the City of Miami,
Carlos Gimenez, Raul Martinez, Officer Paul Wilson, Officer Javier Gonzalez and Officer
Rafael Borroto for Wrongful Death and related Civil Rights Violations stemming from the police
shooting of Nicholas Singleton on April 30, 2001. Plaintiffs were represented by H.T. Smith,
Esquire and James McGuirk, Esquire. This action was mediated on February 25, 2005, before
Judge Gerald Wetherington. Upon conclusion of that mediation the parties agreed to settle all
claims against all parties for a total of Five Hundred Thousand Dollars ($500,000). The City of
Miami will pay Three Hundred Fifty Thousand Dollars ($350,000) to Plaintiff to resolve this
claim. The City of Miami's excess insurance carrier has agreed to pay the balance of the
settlement: One Hundred Fifty Thousand Dollars ($150,000).
The Office of the City Attorney and the Risk Management Division have investigated
and evaluated this case and have approved the recommendation of this settlement. Funds in the
amount of Three Hundred Fifty Thousand Dollars ($350,000) are available from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652
Attachment(s)
W1192:ir:HJH
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator