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 klifrs,t2z-
DATE: July 10, 2025
RE: City Commission Meeting — July 10, 2025
Proposed Settlement — Tarvan Hanks Jr. v. City of Miami, Martina Asberry,
Giscard Arauz, Kung Lee, Jerry Paret, Juan Rojas, Barnard Tellez pending in the
Eleventh Judicial Circuit Court of Florida
Case No.: 2025-001049-CA
File No.: 17819
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Tarvan Hanks Jr. v. City of Miami, Martina Asberry, Giscard Arauz, Kung Lee,
Jerry Paret, Juan Rojas, Barnard Tellez, in the amount of $90,000.00, in the matter of
Tarvan Hanks Jr. v. City of Miami, Martina Asberry, Giscard Arauz, Kung Lee, Jerry
Paret, Juan Rojas, Barnard Tellez, pending in the Eleventh Judicial Circuit Court of
Florida, case no. 2025-01049-CA.
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/KRJ/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-25-0250
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17819 Final Action Date:7/10/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TARVAN HANKS JR., WITHOUT ADMISSION OF LIABILITY,
THE TOTAL SUM OF $90,000.00 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 TARVAN HANKS JR. VS. CITY OF MIAMI, ET
AL., PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, CASE NO. 2025-CA-001049, UPON THE EXECUTION OF A GENERAL
RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT UNDER STATE LAW
PENDING IN STATE 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 January 27, 2021, Tarvan Hanks Jr., was arrested by Martina Asberry,
Giscard Arauz, Kung Lee, Jerry Paret, Juan Rojas, and Barnard Tellez that resulted in alleged
damages to Tarvan Hanks, Jr.; and
WHEREAS, Tarvan Hanks Jr. and the City of Miami ("City"), Martina Asberry, Giscard
Arauz, Kung Lee, Jerry Paret, Juan Rojas, and Barnard Tellez, are engaged in litigation in
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2025-CA-01049
concerning claims for alleged false arrest; 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 $90,000.00, 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 Tarvan Hanks Jr., without
admission of liability, the total sum of $90,000.00 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 Tarvan Hanks Jr. vs. City of Miami, Martina Asberry,
Giscard Arauz, Kung Lee, Jerry Paret, Juan Rojas, and Barnard Tellez, are engaged in litigation
in Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2025-CA-01049,
upon the execution of a general release of all claims and demands brought for alleged false
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.
arrest under state law pending in state 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 . Wyk, ng III, C y ' ttor -y 6/25/2025