HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: July 28, 2022
RE: City Commission Meeting — July 28, 2022
Proposed Settlement —Alvin Canidate vs. City of Miami, Officer Shane
Tardieu, Officer Ryan Michael, pending in the United States District Court
for the Southern District of Florida
Case No.: 1:20-CV-25334-BB
File No.: 12172
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Alvin Canidate against the City of Miami, Officer Shane Tardieu and Officer
Ryan Michael in the amount of $120,000.00, in the matter of Alvin Canidate vs. City of
Miami, Officer Shane Tardieu, Officer Ryan Michael, 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/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-22-0275
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12172 Final Action Date:7/28/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ALVIN CANIDATE, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $120,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES,
AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED ALVIN CANIDATE VS. CITY OF MIAMI, ET AL.,
PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA, CASE NO. 1:20-CV-25334-BB, UPON THE EXECUTION OF
A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT UNDER 42
U.S.C. § 1983 AND BATTERY PENDING IN FEDERAL COURT AND A DISMISSAL
OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, on April 18, 2017, Alvin Canidate ("Canidate") was arrested by Officer
Shane Tardieu and Officer Ryan Michel that resulted in alleged personal injuries to Canidate;
and
WHEREAS, Canidate and the City of Miami ("City"), Officer Shane Tardieu and Officer
Ryan Michel, are engaged in litigation in United States District Court in the Southern District of
Florida, Case No.: 1:20-CV-25334-BB concerning claims of for alleged violations of Civil Rights
and State law battery and personal injuries sustained related to same; 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 total aggregate sum
of $120,000.00, 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 Director of Finance is authorized1 to pay Canidate, without admission of
liability, the total sum of $120,000.00 in full and complete settlement of any and all claims and
demands, including all claims for attorneys' fees, against the City and its officers, agents, and
employees in the case styled Alvin Canidate vs. City of Miami, Officer Shane Tardieu and
Officer Ryan Michel, pending in the United States District Court in the Southern District of
Florida, Case No.: 1:20-CV-25334-BB, upon the execution of a general release of all claims and
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.
demands brought for alleged violations of civil rights and battery pending in federal court and a
dismissal of the City and its officers, agents, and employees with prejudice.
Section 3. Funds to be allocated from Account No. 50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 711412022