HomeMy WebLinkAboutCover MemoCITYOF MIAMI
OFFICE OF TEE CITY ATTORNEY
MEMORANDUM
NDUM
TO: The Honorable M
FROM: Jorge L. Fenian
DATE: August 28.
or and Me
ers of the City Commission
ttorney;
RE: Proposed Settlement -City CoMmission Agenda -September l 2, 2006
Carl and Martha .Kesser V. City of Miami and City of Miami Police Department
Case No. 04-2260-CIV-JORDAN/TOMS
(Fil.e No. 06-03496)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami, and the City of Miami Police Department in the above -referenced case for a
total sum of One Hundred Eighty Thousand Dollars '($150; 0).
This lawsuit involves a claim against the City of Miami brought by Carl and Martha
Kesser, for damages sustained by Mr. Kesser at the Free Trade of the Americas Conference
(FTAA), •heid in Miami. November 2003. Plaintiff is suing the City of Miami, and l0 unnamed
officers, for injuries that he sustained when he was struck in the head by "bean bag" projectiles
fired by police. Plaintiff claimed that the Police Department's "policy or practice" of using
"bean bag" rifles, "bean bag" projectiles, and rubber bullets to disperse crowds of peacefully
assembled demonstrators and innocent bystanders violates.the First Amendment, the Fourth
Amendment, and the Fourteenth Amendment to the United States Constitution. The court
granted judgment in favor of the City on the constitutional claims, but allowed Plaintiff's state
tort negligence claim -to proceed to trial.
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 are
available from the Self -Insurance and Insurance Trust Fund, Index Code No.
515001.624401.6.652.
W 1314 :JOB
Atiachtnent(s)
c: Pedro Hernandez, City Manager
E]vi G. Alonso, Agenda Coordinator