HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney
DATE: December 12, 2024
RE: City Commission Meeting — December 12, 2024
Proposed Settlement — Melba Morales, as Administratrix of the Estate of Angel
Morales (Deceased) vs. City of Miami, Officer Luis Queseda, Christian Ramirez,
pending in the United States District Court for the Southern District of Florida
Case No.: 1:24-CV-22798-KM W
File No.: 16927
The proposed resolution seeks authorization for the settlement of the pending lawsuit of
Melba Morales, as Administratrix of the Estate of Angel Morales against the City of Miami,
Officer Luis Queseda and Officer Christian Ramirez in the amount of $290,000.00, in the matter
of Melba Morales, as Administratrix of the Estate of Angel Morales against the City of Miami, et
al., 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
GKW/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-24-0489
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16927 Final Action Date:12/12/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY MELBA MORALES, AS ADMINISTRATRIX OF THE ESTATE
OF ANGEL MORALES, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF
$290,000.00 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 MELBA MORALES, AS ADMINISTRATRIX OF THE ESTATE OF
ANGEL MORALES VS. CITY OF MIAMI, ETAL., PENDING IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 1:24-
CV-22798-KMW, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL
CLAIMS AND DEMANDS BROUGHT UNDER 42 U.S.C. § 1983 AND STATE LAW
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 March 31, 2023, Melba Morales ("Morales"), as Administratrix of the
Estate of Angel Morales, claims Angel Morales was involved in a motor vehicle accident
involving a City of Miami Police vehicle that resulted in the death of Angel Morales; and
WHEREAS, Morales and the City of Miami ("City"), Officer Luis Queseda and Officer
Christian Ramirez, are engaged in litigation in United States District Court in the Southern
District of Florida, Case No.: 1:24-CV-22798-KMW concerning claims for alleged violations of
Civil Rights, state law tort/negligence claims, and a claim under the Wrongful Death Act 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 $290,000.00, 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 Melba Morales, as
Administratrix of the Estate of Angel Morales, without admission of liability, the total sum of
$290,000.00 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
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.
styled Melba Morales, as Administratrix of the Estate of Angel Morales vs. City of Miami, Officer
Luis Queseda and Officer Christian Ramirez, pending in the United States District Court in the
Southern District of Florida, Case No.: 1:24-CV-22798-KMW, upon the execution of a general
release of all claims and demands brought for alleged violations of civil rights, state law
tort/negligence claims, and a claim under the Wrongful Death Act 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: