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 `,„1,-
DATE: March 12, 2026 I
RE: Proposed Authorization to pay Buschel Gibbons, P.A. attorneys fees for
representing Miami Police Officer Eric Marti in the matter of Samuel Lee
Smith v. City of Miami, et al. filed in the United States District Court for the
Southern District of Florida.
Case Nos. 23-CV-24150-MD
File No. 18916
The attached proposed Resolution seeks authorization to pay thirty-five thousand
eight hundred sixty-seven dollars and fifty cents ($35,867.50) to Buschel Gibbons, P.A.
for legal representation of City of Miami ("City") Police Officer Eric Marti, in the matter of
Samuel Lee Smith Jr. v. City of Miami, Eric Marti, Case No. 23-CV-24150-MD in the
United States District Court for the Southern District of Florida.
This action was brought by Samuel Lee Smith Jr. against the City, and City
Police Officer Eric Marti, alleging civil rights violations and state law tort violations. The
City and Marti prevailed on the merits before the trial court and on appeal and Officer
Marti was not found to have violated Samuel Lee Smith Jr.'s civil rights. Officer Marti
was 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. 50001.301001.545010.0.0.
Attachment(s)
cc. James Reyes, City Manager
Miriam M. Santana, Agenda Coordinator
GKW/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-26-0113
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18916 Final Action Date:3/12/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT
OF ATTORNEYS' FEES AND COSTS IN AN AMOUNT NOT TO EXCEED THIRTY-
FIVE THOUSAND EIGHT HUNDRED SIXTY-SEVEN DOLLARS AND FIFTY CENTS
($35,867.50) TO BUSCHEL GIBBONS, P.A. AS REIMBURSEMENT FOR LEGAL
FEES IN THE CASE OF SAMUEL LEE SMITH JR. V. CITY OF MIAMI, ET AL., CASE
NO.: 23-CV-24150-MD 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. ("Counsel") provided legal representation for City of
Miami ("City") Police Officer Eric Marti ("Officer"), in the matter of Samuel Lee Smith Jr. v. City of
Miami, et al., Case No. 23-CV-24150-MD in the United States District Court for the Southern
District of Florida.
WHEREAS, Counsel have asserted a claim for fees incurred in the representation of the
Officer; 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 -
Five Thousand Eight Hundred Sixty -Seven Dollars and Fifty Cents ($35,867.50) 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. 50001.301001.545010.0.0.
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 yE[ttorey J 3/2/2026