HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City, Commission
FROM: Julie O. Bc<Attorney
DATE: August 28, 2013
RE: Proposed Settlement -City Commission Agenda- September 12, 2013
Miguel Hervis v. City of Miami
United States District Court Southern District of Florida,
Case No.: 12-22418-CIV-SCOLA/0' SULLIVAN
File ID No. 13-01033
The attached proposed Resolution seeks authorization for the settlement of all
claims against the City of Miami asserted in the above -referenced lawsuit, in the lump sum
amount of $43,000 plus $3,500 per year for the life of Plaintiff, but excluding claims for
attorney's fees, which are not being settled herein.
This is a claim by Plaintiff, Miguel Hervis, against the City of Miami alleging
violations of the Americans with Disabilities Act of 1991 ("ADA"), 42 U.S.C. 12182, as
amended by the Americans with Disabilities Act of 2008 and the Florida Civil Rights Act
("FCRA"). Plaintiff claims he was not appointed to the position of Police because of his
disability.
Funds in the amount of $43,000 plus $3,500 per year for the life of Plaintiff will be
allocated from Account Number 05002.301001.545000.0000.00000.
Attachment(s)
c. Christopher Rose, Director, Office of Management and Budget
Elvi Gallastegui, Agenda Coordinator
399698