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: June 17, 2025
RE: City Commission Meeting — May 22, 2025
Proposed Settlement — Monica Bustillo, Eric Denis v. City of Miami,
Carolina Galvez, Daniel Kerr, Kassandra Mercado, Marquis Williams,
pending in the United States District Court for the Southern District of
Florida
Case No.: 1:24-CV-22462-J B
File No.: 17532
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Monica Bustillo, Eric Denis v. City of Miami, Carolina Galvez, Daniel Kerr,
Kassandra Mercado and Marquis Williams, in the amount of $175,000.00, in the matter
of Monica Bustillo, Eric Denis v. City of Miami, Carolina Galvez, Daniel Kerr, Kassandra
Mercado, Marquis Williams, 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. 50001.301001.545010.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
GKW/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-25-0216
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17532 Final Action Date:6/17/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY MONICA BUSTILLO AND ERIC DENIS, WITHOUT ADMISSION
OF LIABILITY, THE TOTAL SUM OF $175,000.00 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 MONICA BUSTILLO
AND ERIC DENIS VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 1:24-
CV-22462-JB, 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 June 30, 2021, Monica Bustillo and Eric Denis were arrested by Officers
Carolina Galvez, Daniel Kerr, Kassandra Mercado, Marquis Williams that resulted in alleged
injuries to Bustillo and Denis; and
WHEREAS, Monica Bustillo, Eric Denis and the City of Miami ("City"), Officers Carolina
Galvez, Daniel Kerr, Kassandra Mercado, Marquis Williams, are engaged in litigation in United
States District Court in the Southern District of Florida, Case No.: 1:24-CV-22462-JB concerning
claims for alleged violations of Civil Rights, state law tort claims 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 $175,000.00, 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 authorized to pay Monica Bustillo and Eric Denis,
without admission of liability, the total sum of $175,000.00 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 Monica Bustillo and Eric Denis vs. City of
Miami, Officers Carolina Galvez, Daniel Kerr, Kassandra Mercado, and Marquis Williams,
pending in the United States District Court in the Southern District of Florida, Case No.: 1:24-
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.
CV-22462-JB, upon the execution of a general release of all claims and demands brought for
alleged violations of civil rights, state law tort claims 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:
ge Wy j ng III, C1ty ' ttor -y 5/9/2025