HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00423a Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY GILBERTO MATAMOROS, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $100,000, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING
ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS,
AGENTS AND EMPLOYEES, IN THE CASE STYLED GILBERTO MATAMOROS VS.
CITY OF MIAMI, ETAL., PENDING IN THE UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 12-21016-CIV-HOEVELER,
UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND
DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL
DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
05002.301001.545000.0000.00000.
WHEREAS, Gilberto Matamoros, and the City of Miami, et al., are engaged in litigation in the
United States District Court, Southern District of Florida, Case Nos.: 12-21016-Civ-Hoeveler,
concerning the claimants' treatment by the Miami Police Department directly following the close of a
street party in Coconut Grove on Halloween night on October 31, and the early morning of November
1,2010;and
WHEREAS, the City Attorney's Office has investigated these claims and lawsuit, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claims and lawsuit be settled for the sum of $100,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Gilberto Matamoros, without admission
of liability, the sum of $100,000 in full and complete settlement of any and all claims and demands,
including attorney's fees and costs, against the City of Miami, its agents, officers and employees, in
the case of Gilberto Matamoros v. City of Miami, et al., pending in the United States District Court,
Southern District of Florida, Case No.: 12-21016-Civ-Hoeveler, upon the execution of general releases
of all claims and demands, and a dismissal of the City of Miami, and all individual City employee
defendants, with prejudice, with funds allocated from Account No. 05002.301001.545000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami Page 1 of 2 File Id: 13-00423a (Version: 1) Printed On: 4/11/2013
' File Number: 13-00423a
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 13-00423a (Version: 1) Printed On: 4/11/2013