HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of Ze Lity Ell -fission
FROM: Victoria Mendez, City Attorne..
DATE: February 8, 2016.
RE: Proposed Settlement City Commission Agenda - February 25, 2016
Melvin Colindres and Alma Colindres, as Personal Representatives
of the Estate of Kevin Colindres, deceased, and individually vs. City
of Miami and Police Chief John Timoney
Case No.: 07-13294 CA 03
File ID No. 16-00172
The attached proposed Resolution seeks authorization for the settlement of a claims
bill against the City of Miami asserted in the above -referenced lawsuit for a final payment
in the total amount of $226,512.10.
This is a claim by Plaintiffs, as personal representatives of the Estate of Kevin
Colindres, deceased, and individually against the City of Miami, et al. alleging negligence
during a seizure by the Miami Police Department of their severely autistic son. Plaintiffs
claim Kevin Colindres died as a result of the alleged negligence.
The City Conunission previously approved Resolution No. 10-0229 authorizing
payment of $200,000.00 and directed the Office of the City Attorney to contest any amount
over the $200,000.00 statutory cap.
The Office of the City Attorney has investigated and evaluated this claim and
approves the recommendation of settlement. Funds, in the amount of S226,512.10 are
available from Account No. 50001.301001.545010.0000.00000. Because there is a
statutory cap of $200,000.00 applicable to this claim, these amounts will be paid to
Plaintiffs after Plaintiffs obtain a claims bill from the Florida Legislature.
Attachment(s)
cc. Daniel J. Alfonso, City Manager
Christopher Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/VL, / JH/vja/ag