HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: September 10, 2020
RE: Proposed Settlement for City Commission Meeting — September 10, 2020
Brian White v. City of Miami, et al., pending in the United States District
Court, Southern District of Florida
Case No.: 17-CV-23940-UU
File No.: 7758
The attached proposed Resolution seeks authorization for settlement of all
claims against the Andrew Mesa, an employee of the City Miami Police Department
("MPD"), in his capacity as an individual; Jose Pena, an employee of the MPD, in his
capacity as an individual, John Doe, an employee of the MPD, Tomas Regalado, in his
official capacity as Mayor of the City of Miami, Florida, a subdivision of the State of
Florida, in the amount of One Hundred and Thirty Seven Thousand Five Hundred
Dollars ($137,500.00").
This is action was brought by the law firm Fischer Redavid, PLLC, Jordan
Redavid, Esq. on behalf of Brian White alleging excessive use of force in the course of
an arrest.
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, Index Code No. 05002.301001.515000.0000.00000.
Attachment(s)
cc: Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/HJH/dd
City of Miami
Legislation
Resolution
Enactment Number: R-20-0249
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7758 Final Action Date:9/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND THE DIRECTOR OF
FINANCE TO PAY BRIAN WHITE, THE PLAINTIFF, WITHOUT ADMISSION OF
LIABILITY, THE AGGREGATE TOTAL SUM OF $137,500.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING
ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS
OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE
STYLED BRIAN WHITE VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED
STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 17-CV-
23940-UU, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS
AND DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING
FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Brian White and the City of Miami are engaged in litigation in the United
States District Court Southern District of Florida, Case No.: 17-CV-23940-UU, concerning a
claim of use of excessive force and violation of civil rights; 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
$137,500.00, including the claims for attorneys' 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 fully set forth in this Section.
Section 2. The City Manager is authorized' to execute a Settlement Agreement, in a
form acceptable to the City Attorney, and the Director of Finance is authorized' to pay Brian
White, without admission of liability, the aggregate total sum of $137,500.00 for full and
complete settlement of any and all claims and demands, including his claim for attorneys' fees,
against the City of Miami, its agents, officers, and employees (collectively, "City") in the case
styled Brian White vs. City of Miami, et al., Case No. 17-CV-23940-UU, pending in the United
States District Court Southern District of Florida, upon the execution of general releases of all
claims and demands and a dismissal of the City with prejudice.
Section 3. Funds are allocated from Account No. 00001.980000.531010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
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.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor
8/2772020