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HomeMy WebLinkAboutR-25-0250City of Miami Resolution R-25-0250 Legislation 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 authorized' 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 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. City of Miami Page 1 of 2 File ID: 17819 (Revision:) Printed On: 7/24/2025 File ID: 17819 Enactment Number: R-25-0250 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 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: City of Miami Page 2 of 2 File ID: 17819 (Revision:) Printed on: 7/24/2025