HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: July 13, 2017
RE: Proposed Settlement for City Commission — July 13, 2017
Mario Javier Cordoba vs. City of Miami, et al.
Case No. 16-CIV-24691-Cooke, pending in the United States District
Court Southern District of Florida
File No.: 2581
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City"), Reynaldo Irias, and Yesid Ortiz, in the amount
of $79,000.00.
This is action was brought by The Swartz Law Firm (Ken Swartz, Esq.) on behalf
of Mario Javier Cordoba for an alleged 1) Fourth Amendment False Arrest; 2) First and
Fifth Amendment Retaliation; 3) Fourth Amendment Malicious Prosecution; 4) Fourth
Amendment Excessive Force; and 5) State Law Battery on July 22, 2015.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the Special Pay Account, Code No. 50001.301001.545010.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher M. Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/DAH/cnh
Attachment(s)
2581 Back -Up from Law Dept
City of Miami
Legislation
Resolution
Enactment Number: R-17-0334
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2581 Final Action Date:7/13/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY MARIO JAVIER CORDOBA, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF $79,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, IN THE CASE OF
MARIO JAVIER CORDOBA VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED
STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 16-
24691-CIV-COOKE/TORRES, UPON EXECUTING A GENERAL RELEASE OF THE
CITY AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES
FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM
ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, Mario Javier Cordoba and the City of Miami are engaged in litigation in the
United States District Court, Southern District of Florida, Case No. 16-24691-CIV-Cooke/Torres,
concerning a false arrest and excessive force claim; and
WHEREAS, the City Attorney's Office has investigated these claims and the 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 lump sum of $79,000.00, including
the claim for attorney's fees;
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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Mario Javier Cordoba, without
admission of liability, the aggregate total sum of $79,000.00 for full and complete settlement of any
and all claims and demands, including his claim for attorney's fees, against the City of Miami, its
agents, officers and employees, in the case styled as Mario Javier Cordoba vs. City of Miami,
pending in the United States District Court, Southern District of Florida, Case No. 16-24691-CIV-
Cooke/Torres, 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. 50001.301001.545010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.
APPROVED AS TO FORM AND CORRECTNESS: