HomeMy WebLinkAboutR-75-0270RESOLUTION NO. 75-270
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY THE AMOUNT OF $1,000 TO
SHARON WILLITS IN COMPLETE AND FULL SATIS-
FACTION OF THE JUDGMENT ENTERED BY THE U.S.
DISTRICT COURT, CASE NO. 73-920-CIV=CF, IN
FAVOR OF SHARON WILLITS AND AGAINST THE
POLICE OFFICERS M. AHEARN AND E. R. MOSHER.
WHEREAS, Sharon Willits filed suit against the Chief
Garmire and Police Officers M. Ahearn and E. R. Mosher in the
U. S. District Court on May 29, 1974, based upon an alleged
civil rights violation in a routine traffic arrest by under-
cover police officers on May 24, 1973; and
WHEREAS, the U. S. District Court, Case No. 73-920-CIV-CF,
in its Memorandum Opinion entered its judgment against the
two police officers and in favor of the Plaintiff, Sharon Willits,
in the amount of $1,000 on December 11, 1974; and
WHEREAS, since the City of Miami's exposure was substantial
and the police officers were acting in the line of duty, and
since the costs of appeal and for preparing the record on appeal
would far exceed the $1,000 judgment entered;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
and directed to pay the amount of $1,000 to Sharon Willits in
complete and full satisfaction of the judgment entered by the
U. S. District Court in its Memorandum Opinion dated December 11,
1974, and Final Judgment entered on December 18, 1974, Case No.
73-920-CIV-CF, and upon the execution of the Satisfaction of
Judgment by the parties the case will be satisfied and closed.
PASSED AND ADOPTED this 25 day of ARCH , 1975.
`DOCUMENT INDEX
ITEM NO. co'_ ,►
01111.1.111111.0
CITY COMMISSION
MEETING OF
IKOARAIL
mAURt CE A. EERRE
MAYO R
H. U, SoUrfERj
CITY CLERK
PREPARED AND APPROVED BY:
Montague Rosenberg, Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
John S. Lloyd , City Attorney
The Honorable Members
of the City Commission
John S. Lloyd
City AttOtneY. • '
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1C4.- NIF C)RAr`.D..DUM
February 27, 1975 r;Lr
Willits vs, Garmire et al,
U,_S, No, 73-92O-CIV-CF,
"HE'S(Resolution)
The suit which is the subject of this memorandum and the
accompanying Resolution is one of several resulting from the
arrest of the Plaintiff, Sharon Willits,on May 24, 1973 by
undercover officers Ahearn and Mosher.
Officer Mosher, a policewoman, and Ahearn were in civilian
clothes, dressed in mod fashion, driving an unmarked police
vehicle when they observed Willits apparently speeding and in
their opinion driving carelessly within the City of Miami.
There being no other police vehicles in the area, they pursued
Willits, proceeded to identify themselves, and question her in
connection with the traffic offense. Willits failed to identify
herself and was unable to provide proper evidence of ownership
of the vehicle which she was operating. Accordingly she was
placed under arrest and taken to the Police Station where a
search revealed a substantial amount of money, drugs (not hard
drugs), a small hand gun in her purse, and she was wearing
valuable jewelry.
The resulting circumstances caused the Treasury Department to
enter into the case, file a lien on the money and jewelry,
charges were preferred in Traffic Court and other criminal
charges were brought for carrying a weapon. Due to the magnitude
of the charges, the Willit cases were vigorously and successfully
defended in all Courts and culminated in suits against the
officers for violation of her Civil Rights.
In defending the officers, it was apparent to this office that
the testimony from other cases would be admitted in the Federal
Court. A substantial judgment against the officers was a very
distinct possibility.
In view of the above, it was determined by the Office of the City
Attorney that the best interests of the defendants would be
served by agreeing that the Federal Judge would determine the
case based on the records of the previously tried cases and in
stipulating with Counsel for Willits that damages, if awarded,
The Honorable Members
of the City Commission
February 27, 1975
Page 2.
would be not more than $1,000.00. The Federal Court decided
against the defendants and awarded damages in the amount of
$1,000.00.
In view of the facts of this case, the unfortunate result,
and particularly considering that Officers Ahearn and Mosher
were, at all times, acting within the scope of their duties,
and apparently properly, the City Attorney recommends the
City authorize satisfaction of the Judgment from City funds.
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Resolution Attached