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 kitfroe:
DATE: April 9, 2026
RE: City Commission Meeting — April 9, 2026
Proposed Settlement — Estate of Antwon Cooper v. City of Miami and
Constant Rosemond, pending in the U.S. Court of Appeals for the
Eleventh Circuit
Case No.: 24-12190 (Lower Tribunal No. 1:23-CV-20971-JAL)
File No.: 18968
The proposed resolution seeks authorization for the settlement of the pending lawsuit of
Talisha Cooper, individually and as personal representative of the Estate of Antwon Leonard
Cooper v. City of Miami and Constant Rosemond, in the amount of sixty five thousand dollars
($65,000.00), which is currently pending in the United States Court of Appeals for the Eleventh
Circuit, Case No. 24-12190.
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. James Reyes, City Manager
Miriam M. Santana, Agenda Coordinator
GKW/BEC
City of Miami
Legislation
Resolution
Enactment Number: R-26-0147
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18968 Final Action Date:4/9/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY THE ALLEN FIRM, P.A. TRUST ACCOUNT ON BEHALF OF
TALISHA COOPER, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF ANTWON LEONARD COOPER, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF SIXTY-FIVE THOUSAND AND 00/100 DOLLARS
($65,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS,
AGAINST THE CITY OF MIAMI, CONSTANT ROSEMOND, AND ALL OF THE CITY
OF MIAMI'S EMPLOYEES IN THE CASE STYLED TALISHA COOPER,
INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF
ANTWON LEONARD COOPER V. CONSTANT ROSEMOND, AND THE CITY OF
MIAMI, PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE
ELEVENTH CIRCUIT, CASE NO. 24-12190, UPON THE EXECUTION OF A GENERAL
RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT UNDER 42 U.S.C. § 1983
AND UNDER STATE LAW AND A DISMISSAL OF THE CITY OF MIAMI AND
CONSTANT ROSEMOND WITH PREJUDICE; ALLOCATING FUNDS FROM
ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, on March 8, 2022, Sergeant Constant Rosemond of the City of Miami's
("City") Police Department ("MPD") used his firearm on Antwon Leonard Cooper (the
"Decedent"), who was applying force on another officer before and during the moment he was
shot, resulting in the Decedent's death and alleged claim of damages; and
WHEREAS, Talisha Cooper, individually and as the personal representative on behalf of
the Estate of Antwon Leonard Cooper, the City, and Constant Rosemond were engaged in
litigation in the United States District Court for the Southern District of Florida, Case No.: 1:23-
CV-20971-JAL, concerning claims of alleged excessive force in violation of the Fourth
Amendment and alleged wrongful death under Florida law; and
WHEREAS, the Estate of Antwon Cooper appealed an order granting the City and
Constant Rosemond summary judgment as to all claims against them such that the action is
now currently pending in the United States Court of Appeals for the Eleventh Circuit, Case No.
24-12190; 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, despite the City and Constant Rosemond prevailing in the
United States District Court, said claims and lawsuit should be settled for the total aggregate
sum of Sixty -Five Thousand and 00/100 Dollars ($65,000.00), including as to claims for
attorneys' fees and costs while on appeal;
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 City Manager is authorized' to pay the Allen Firm, P.A. Trust Account on
behalf of Talisha Cooper, individually and as personal representative of the Estate of Antwon
Leonard Cooper, without admission of liability, the total sum of Sixty -Five Thousand and 00/100
Dollars ($65,000.00) in full and complete settlement of any and all claims and demands,
including all claims for attorneys' fees or costs, against the City, Constant Rosemond, and any
employee of the City in the case styled Talisha Cooper, individually and as Personal
Representative for the Estate of Antwon Leonard Cooper v. Constant Rosemond and the City of
Miami, brought initially in the United States District Court in the Southern District of Florida,
Case No.: 1:23-CV-20971-JAL and now pending in the United States Court of Appeals for the
Eleventh Circuit, Case No. 24-12190, upon the execution of a general release of all claims and
demands brought for alleged violations of federal or state law with a dismissal of the City of
Miami, Constant Rosemond, and all City 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:
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.