HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE: April 18, 2if05
RE:
Honorable Mayo
Jorge L. Fernaj4
Member - fthe City Commission
Attorne/'u
David Allen v. City of Miami, et al.
Case No. 03-21063- CIV- ALTONAGA (April 28, 2005, Agenda Meeting)
Claim No. 000757-001537-PP-01 (File ID# 05-00340)
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
Franklin E. Christmas, Pablo Camacho, Carlos Avila, Jack Calvar, Nelson Andreu, Israel
Gonzalez, and Leonel Tapanes, in the above -referenced case in the amount of $399,999.99.
This is an action brought by John Hoffman, Esq. and Joseph Shook, Esq. on behalf of
plaintiff David Allen, for damages arising out of a police shooting against the City of Miami,
Officer Leonel Tapanes, Lt. Israel Gonzalez, Detective Jack Calvar, and Officer Pablo Camacho,
Jr., Major Franklin Christmas, Carlos Avila, and Nelson Andreu Plaintiff's claims against the
City are brought pursuant to 42 USC § 1983 for alleged Civil Rights Violations for False Arrest
and Excessive Force as well as claims for negligence relating to the shooting and the
investigation thereof. Plaintiff has sued the individual officers for Civil Rights Violations,
Battery, Negligence, and False Arrest,
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 Ninety -Nine Thousand Nine Hundred Ninety -Nine Dollars and
Ninety -Nine Cents ($399,999.99) 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
W69 Reso-CoverMemo