HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: January 13, 2022
RE: City Commission Meeting — January 13, 2022
Settlement regarding the matter of Andre Bernard Lewis vs. City of Miami,
Leslier Diaz and Leonel Sanchez
Case No.: 19-031547 CA 02
File No. 11227
The attached proposed Resolution seeks authorization for settlement of all
claims asserted against the City of Miami ("City") and Officer Leslier Diaz and Leonel
Sanchez arising out of Andre Bernard Lewis' arrest, which occurred August 20, 2018 at
the Brickell Metrorail station, Miami, Florida, in the amount of sixty thousand dollars
($60,000.00), in the case of Andre Bernard Lewis v. City and Leslier Diaz and Leonel
Sanchez, Case No. 19-031547 CA 02, pending in the Circuit Court of the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida.
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 General Liability Account No. 50001.301001.545010.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/BLM/CAG
City of Miami
Legislation
Resolution
Enactment Number: R-22-0013
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11227 Final Action Date:1/13/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ANDRE BERNARD LEWIS, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF SIXTY THOUSAND DOLLARS ($60,000.00) IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, LESLIER DIAZ, AND LEONEL SANCHEZ IN THE
CASE OF ANDRE BERNARD LEWIS VS. CITY OF MIAMI, LESLIER DIAZ, AND
LEONEL SANCHEZ PENDING IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 19-
031547 CA 02, 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, Andre Bernard Lewis has asserted tort claims against the City of Miami,
Leslier Diaz, and Leonel Sanchez (collectively, "City") arising out of his arrest which occurred
August 20, 2018 at the Brickell Metrorail Station, Miami, Florida; and
WHEREAS, the City Attorney's Office has investigated the claims and pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
recommends that said claims be settled for the lump sum of sixty thousand dollars ($60,000.00),
including any 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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Andre Bernard Lewis, without
admission of liability, the total sum of sixty thousand dollars ($60,000.00) in full and complete
settlement of any and all claims and demands, including all claims for attorneys' fees, against
the City pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No. 19-031547 CA 02, upon the execution of general release of all claims
and demands against the City.
Section 3. Funds are allocated from Account No. 50001.301001.545010.0000.00000.
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: