HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable May
FROM: Jorge L. Ferna
DATE: April 1, 200
RE:
nd M
of the City Commission
y Attornee
Proposed Settlement for City Commission Meeting — April 14, 2005
Misty Kingsland v. City of Miami, Ramon De Armas, E. Valenzuela and J. Balikes
United District Court, Case No, 99-3393-CIV-Jordan
Claims No. 000757-000528-PP-01 (LT99-413) (File No. 05-00272)
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 Fifty Thousand Dollars
(S50,000).
This is an action brought by Jeffery Norkin, Esquire on behalf of Misty Kingsland
against the City of Miami, Officers Ramon De Armas, Joseph Balikes, and Emilio Valenzuela
for claims under Federal and State law relating to an alleged False Arrest. This case was
previously tried before Judge Jordan to a mistrial. Thereafter Summary Judgment was granted to
the City of Miami and the officers on all Federal claims and the Court refused jurisdiction on
State claims.
The Eleventh Circuit reversed the Summary Judgment against the officers and this office
petitioned the United States Supreme Court for certiorari. While that petition was pending, the
Eleventh Circuit panel issued a revised opinion, which eliminated a primary basis for the petition
to the Supreme Court.
Ultimately, the case was remanded for retrial March 7, 2005, before Judge Jose
Gonzalez, in Fort Lauderdale. The parties have agreed to resolve the case for Fifty Thousand
Dollars ($50,000) subject to all required approvals.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of Fifty Thousand Dollars
($50,000) are available from the Self -Insurance and Insurance Trust Fund, Index Code No.
515001.624401.6.652.
Attachment(s)
W1190:ir:HJH
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator