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: September 11, 2025
RE: Proposed Authorization to pay Buschel Gibbons, P.A. attorneys fees for
representing Miami Police Officers Carolina Galvez, Daniel Kerr, Kassandra
Mercado, Marquis Williams in the matter of Monica Bustillo, Eric Denis v. City of
Miami, et al. pending in the United States District Court for the Southern District
of Florida.
Case Nos. 24-CV-22462-JB
File No.: 17844
The attached proposed Resolution seeks authorization to pay thirty-four thousand four
hundred dollars ($34,400.00) to Buschel Gibbons, P.A. for legal representation of City of Miami
("City") Police Officer Carolina Galvez, Officer Daniel Kerr, Officer Kassandra Mercado, Officer
Marquis Williams, in the matter of Monica Bustillo, Eric Denis v. City of Miami, Carolina Galvez,
Daniel Kerr, Kassandra Mercado and Marquis Williams, Case No. 24-CV-22462-JB in the
United States District Court for the Southern District of Florida.
This action was brought by Eric Denis and Monica Bustillo against the City, Officer
Carolina Galvez, Officer Daniel Kerr, Officer Kassandra Mercado, and Officer Marquis Williams,
alleging civil rights violations and state law tort violations. The Case was resolved by settlement
and the Officers were not found to have violated Monica Bustillo or Eric Denis's civil rights. The
Officers were represented by Bushel Gibbons P.A. Florida law recognizes that a public official
may be entitled to legal representation at public expense to defend himself/herself against
litigation arising out of the performance of his/her official duties. See Thornber v. City of Fort
Walton Beach, 568 So. 2d 914 (Fla. 1990); see also Maloy v. Board of County Commissioners
of Leon County, 946 So. 2d 1260 (Fla. 1st DCA 2007).
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
Account No. 50001.301001.545010.0000.00000.
Attachment(s)
cc: Art Noriega, City Manager
Christopher Rose, Director, Office of Management and Budget
Miriam M. Santana, Agenda Coordinator
GKW/KRJ/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-25-0333
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17844 Final Action Date:9/11/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT
OF ATTORNEYS' FEES AND COSTS IN AN AMOUNT NOT TO EXCEED THIRTY-
FOUR THOUSAND FOUR HUNDRED DOLLARS ($34,400.00) TO BUSCHEL
GIBBONS, P.A. AS REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF MONICA
BUSTILLO, ERIC DENIS V. CITY OF MIAMI, ET AL., CASE NO.: 24-CV-22462 IN THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, Buschel Gibbons, P.A. provided legal representation for City of Miami
Police Officer Carolina Galvez, Officer Daniel Kerr, Officer Kassandra Mercado, and Officer
Marquis Williams ("Officers"), in the matter of Monica Bustillo, Eric Denis v. City of Miami, et al.,
Case No. 24-CV-22462-JB in the United States District Court for the Southern District of Florida.
WHEREAS, Buschel Gibbons, P.A. has asserted a claim for fees incurred in the
representation of the Officers; and
WHEREAS, Florida law recognizes that a public official may be entitled to legal
representation at public expense in order to defend himself/herself against litigation arising out
of the performance of his/her official duties. See Thornber v. City of Fort Walton Beach, 568 So.
2d 914 (Fla. 1990); see also Maloy v. Board of County Commissioners of Leon County, 946 So.
2d 1260 (Fla. 1st DCA 2007);
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 if fully set forth in this Section.
Section 2. Payment of attorneys' fees and costs in the amount not to exceed thirty-
four thousand four hundred dollars ($34,400.00) to Buschel Gibbons, P.A. inclusive of all
fees and costs, as reimbursement for legal fees in the Case, is authorized.'
Section 3. Funds are to be allocated from Account No.
50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
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.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C yattor ey / 7/28/2025