HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: July 12, 2018
RE: Proposed Settlement for City Commission Meeting — July 12, 2018
Ryan Gellineau v. City of Miami, et al.,
United States District Court — Southern District of Florida
Case No.: 17-CV-22044-MGC
File No.: 4300
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City"), in the amount of $50,000.00.
This is action was brought by the law firm Law Office of Herbert Kim, P.A,
Herbert Kim, Esq. on behalf of Ryan Gellineau for alleged civil rights violations arising
from his arrest on June 2, 2013.
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 Account No. 50001.301001.545010.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez , City Manager
Anna Medina, Agenda Coordinator
VM/BLM/DAH/mg
City of Miami
Legislation
Resolution
Enactment Number: R-18-0285
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4300 Final Action Date:7/12/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY RYAN GELLINEAU THE TOTAL SUM OF FIFTY THOUSAND
DOLLARS ($50,000.00), WITHOUT ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF
MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF
RYAN GELLINEAU VS. THE CITY OF MIAMI, ET AL., PENDING IN THE UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE
NO. 17-CV-22044-MGC, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL
CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANTS WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, Ryan Gellineau filed claims and a lawsuit against the City of Miami ("City")
and Stanley Mike in the United States District Court for the Southern District of Florida, Case
No. 17-CV22044-MGC, arising from his arrest on June 2, 2013; and
WHEREAS, the City Attorney's Office has investigated the claims and lawsuit pursuant
to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended ("City
Code"), and recommends that said claims and lawsuit be settled for the sum of $50,000.00;
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 City is authorized' to pay Ryan Gellineau the total sum of $50,000.00 in
full and complete settlement of any and all claims and demands against the City, its agents,
officers, and employees in the case of Ryan Gellineau vs. City of Miami, et al., pending in the
United States District Court for the Southern District of Florida, Case No. 17-CV-22044-MGC,
upon executing a general release of the City, its officers, agents, and employees from any and
all claims and demands with funds allocated from Account No.
05002.301001.545010.0000.00000.
'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.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS: