HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: June 23, 2022
RE: City Commission Meeting — June 23, 2002
Proposed Settlement regarding the matter of Lorod L. Mills vs. City of
Miami, Kevin Harrison, Raphael Muina, and Jonathan Vazquez
Case No.: 21- 21716-CV- KMW
File No.: 11992
The attached proposed Resolution seeks authorization for settlement of all
claims asserted against the City of Miami ("City"), Kevin Harrison, Raphael Muina and
Jonathan Vazquez in the amount of one hundred and thirty-five thousand dollars
($135,000.00) plus an additional one thousand one hundred and fifty-four dollars and
thirty-five cents ($1,154.35) for deposition costs in the case of Lorod L. Mills vs. City of
Miami, Kevin Harrison, Raphael Muina, and Jonathan Vazquez, Case No. 21- 21716-
CV- KMW, pending in the United States District Court for the Southern District of
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. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/JAG/SKP
City of Miami
Legislation
Resolution
Enactment Number: R-22-0226
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11992 Final Action Date:6/23/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY LOROD L. MILLS, WITHOUT ADMISSION OF LIABILITY, ONE
HUNDRED AND THIRTY FIVE THOUSAND DOLLARS ($135,000.00) PLUS AN
ADDITIONAL ONE THOUSAND ONE HUNDRED AND THIRTY-FOUR DOLLARS AND
THIRTY-FIVE CENTS ($1,154.35) IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS'
FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES
("COLLECTIVELY, "CITY"), AND KEVIN HARRISON, RAPHAEL MUINA AND
JONATHAN VAZQUEZ IN THE CASE OF LOROD L. MILLS VS. CITY OF MIAMI,
KEVIN HARRISON, RAPHAEL MUINA AND JONATHAN VASQUEZ, CASE NO. 21-
21716-CV- KMW, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF A GENERAL
RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF ALL CLAIMS
AGAINST THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL
LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000.
WHEREAS, Lorod L. Mills ("Plaintiff"), the City of Miami ("City"), Kevin Harrison
("Harrison"), Raphael Muina ("Muina") and Jonathan Vazquez ("Vazquez") are engaged in
litigation in the United States District Court for the Southern District of Florida, Case No. 21-
21716-CV- KMW ("Lawsuit") regarding the officers' alleged use of force during their arrest of the
Plaintiff; and
WHEREAS, the City Attorney's Office has investigated the 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 the claims of the Plaintiff be settled for the lump sum of one
hundred and thirty-five thousand dollars ($135,000.00) plus an additional one thousand one
hundred and fifty-four dollars and thirty-five cents ($1,154.35) for deposition costs, including all
claims for attorneys' fees and costs;
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 authorized1 to pay the Plaintiff, without admission
of liability, one hundred and thirty-five thousand dollars ($135,000.00) plus an additional one
thousand one hundred and fifty-four dollars and thirty-five cents ($1,154.35) for deposition costs
in full and complete settlement of any and all claims and demands, including all claims for
attorneys' fees, against the City, its officers, agents, and employees, and Harrison, Muina and
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.
Vazquez in the Lawsuit upon the execution of a general release of all claims and demands and
a dismissal of all claims against the City, Harrison, Muina, and Vazquez with prejudice.
Section 3. Funds are allocated from General Liability Account No.
50001.301001.545013.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: