HomeMy WebLinkAboutR-21-0139City of Miami
Resolution R-21-0139
Legislation
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, ET AL., 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.
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.
City of Miami Page 1 of 2 File ID: 8772 (Revision: A) Printed On: 5/19/2025
File ID: 8772 Enactment Number: R-21-0139
Section 3. Funds are allocated from Account No. 00001.980000.531010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
end e ezCiity Attor ey 5/5/2021
City of Miami Page 2 of 2 File ID: 8772 (Revision: A) Printed on: 5/19/2025