HomeMy WebLinkAboutR-26-0125City of Miami
Resolution R-26-0125
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18100 Final Action Date: 3/12/2026
A RESOLUTION OF MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER AND THE CITY ATTORNEY TO INSTITUTE A CIVIL ACTION
PURSUANT TO FLORIDA STATUTE SECTION 111.07 TO RECOVER THE
ATTORNEY'S FEES PAID FROM PUBLIC FUNDS FOR THE DEFENSE OF
JOE CAROLLO IN TRIAL CASE NO. 18-24190-CIV-SMITH, APPELLATE CASE
NO. 23-12167, AND UNITED STATES SUPREME COURT CASE NO. 25-771,
WHETHER LABELED AS ATTORNEY'S FEES OR AS "COSTS" WHEN PAID
TO A SUBCONTRACTED ATTORNEY.
SPONSOR(S): Commissioner Miguel Angel Gabela
WHEREAS, Commissioner Joe Carollo was sued in the United States District Court for
the Southern District of Florida by Plaintiffs William O. Fuller ("Fuller") and Martin A. Pinilla, II
("Pinilla") in Case No. 18-24190-CIV-SMITH for violating their First Amendment rights by
retaliating against them for supporting one of Defendant Joe Carollo's opponents in the 2017
election; and
WHEREAS, after a 24-day trial, the jury found for Plaintiffs Fuller and Pinilla and
awarded them $63.5 million in damages and, pursuant to that verdict, the District Court entered
a judgment in the amount of $63.5 million dollars in favor of the Plaintiffs and against Defendant
Joe Carollo on June 1, 2023; and
WHEREAS, on February 4, 2022, the United States Court of Appeals for the Eleventh
Circuit affirmed the trial court's denial of Carollo's motion to dismiss based on qualified
immunity; and
WHEREAS, on February 6, 2024, the District Court entered an order denying the
Plaintiffs' Motion to Clarify Judgment and ruled that the June 1, 2023 judgment is against Joe
Carollo in his individual capacity only and not in his official capacity; and
WHEREAS, on July 17, 2025, after Joe Carollo's appeal of the entry of the final
judgment by the District Court, the United States Court of Appeals for the Eleventh Circuit, in
Case No. 23-12167, after careful review and with the benefit of oral argument, affirmed the
District Court's denial of Carollo's motion for a mistrial and dismissed the remainder of his
appeal for lack of appellate; and
WHEREAS, to date, the City of Miami has paid an approximate amount of
$5,273,000.00 in attorney fees and costs for the defense of this lawsuit through trial and appeal;
and
WHEREAS, Florida Statute Section 111.07 provides that "any attorney's fees paid from
public funds for any officer, employee, or agent who is found to be personally liable by virtue of
acting outside the scope of his or her employment, or was acting in bad faith, with malicious
purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or
City of Miami Page 1 of 2 File ID: 18100 (Revision: A) Printed On: 3/17/2026
File ID: 18100 Enactment Number: R-26-0125
property, may be recovered by the state, county, municipality, or political subdivision in a civil
action against such officer, employee, or agent.";
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. Upon approval of this Resolution, the City Manager and the City Attorney are
directed to institute a civil action pursuant to Florida Statute Section 111.07 to recover the
attorney's fees paid from public funds for the defense of Joe Carollo in trial Case No. 18-24190-
CIV-SMITH, appellate Case No. 23-12167, and United States Supreme Court Case No. 25-771,
whether labeled as attorney's fees or as "costs" when paid to a subcontracted attorney.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y -ttor -y 3/16/2026
City of Miami Page 2 of 2 File ID: 18100 (Revision: A) Printed on: 3/17/2026