HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: April 8, 2021
RE: Proposed Settlement for City Commission Meeting — April 8, 2021
Bruce Powers v. City of Miami, et al., pending in the United States District
Court, Southern District of Florida
Case No.: 19-CV-24498-MGC
File No.: 8772
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami, a subdivision of the State of Florida, and Alejandro
Macias, an employee of the City Miami Police Department ("MPD"), in his capacity as
an individual, in the amount of Ninety -Nine Thousand Nine Hundred Ninety -Nine Dollars
($99,999.00).
This is action was brought by the Swartz Law Firm, Kenneth M. Swartz, Esq., on
behalf of Bruce Powers 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/DAH
Attachment(s)
8772 Substitution Memo from City Attorney
8772 Legislation -SUB
City of Miami
Legislation
Resolution
Enactment Number: R-21-0139
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8772 Final Action Date:4/8/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND THE DIRECTOR OF
FINANCE TO PAY BRUCE POWERS, THE PLAINTIFF, WITHOUT ADMISSION OF
LIABILITY, THE AGGREGATE TOTAL SUM OF $99,999.00 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
BRUCE POWERS VS. CITY OF MIAMI, ETAL., PENDING IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 19-CV-24498-
MGC, 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, Bruce Powers and the City of Miami are engaged in litigation in the United
States District Court Southern District of Florida, Case No.: 19-CV-24498-MGC, concerning
claims 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
$99,999.00, including the claim 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 Bruce
Powers, without admission of liability, the aggregate total sum of $99,999.00 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 Bruce Powers vs. City of Miami, et al., Case No. 19-CV-24498-MGC, 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 legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor
ey ) 3/25/2021