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HomeMy WebLinkAboutR-26-0147City of Miami Resolution R-26-0147 Legislation 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; City of Miami Page 1 of 2 File ID: 18968 (Revision:) Printed On: 4/14/2026 File ID: 18968 Enactment Number: R-26-0147 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: rge = . Wyy ng IIG, C y ttor -y 3/30/2026 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 2 of 2 File ID: 18968 (Revision:) Printed on: 4/14/2026