HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18101 Final Action Date: 4/23/2026
A RESOLUTION OF MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO IMMEDIATELY STOP AND CEASE PAYING ATTORNEY FEES
AND COSTS, AND DIRECTING THE CITY ATTORNEY TO CEASE
AUTHORIZING THE PAYMENT OF THE SAME, IN ANY FURTHER
PROCEEDINGS BY JOE CAROLLO IN THE HEREIN REFERENCED CASE
EITHER IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA, THE UNITED STATES COURT OF APPEALS FOR
THE ELEVENTH CIRCUIT AND THE UNITED STATES SUPREME COURT;
FURTHER DIRECTING THE CITY ATTORNEY TO PROVIDE A COPY OF THIS
RESOLUTION TO ANY PERSON OR ENTITY TO WHOM ITS PROVISIONS
MAY APPLY OR THAT MAY BE AFFECTED BY THEM.
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, the City of Miami has paid to date $ million in attorney fees and
costs for the defense of this lawsuit through trial and appeal; and
WHEREAS, the City of Miami and its taxpayers should not pay any further attorney fees
and costs for Joe Carollo's defense in this case because Joe Carollo's final judgment is against
City of Miami Page 1 of 2 File ID: 18101 (Revision:) Printed On: 5/7/2026
File ID: 18101 Enactment Number:
him in his individual capacity only and not against the City of Miami, and, because the appellate
court affirmed the denial of his motion for mistrial and dismissed the rest of his 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 if fully set forth in this Section.
Section 2. Upon approval of this resolution, the City Manager is directed to immediately
stop and cease paying attorney fees and costs, and the City Attorney is directed to stop and
cease authorizing the payment of the same, in any further proceedings by Joe Carollo in the
herein referenced case either in the United States District Court for the Southern District of
Florida, the United States Court of Appeals for the Eleventh Circuit and the United States
Supreme Court.
Section 3. The City Attorney is further directed to provide a copy of this resolution to any
person or entity to whom its provisions may apply or that may be affected by them.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 2 of 2 File ID: 18101 (Revision:) Printed on: 5/7/2026