HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: George K. Wysong III, City Attorney k Jr -
DATE: June 25, 2026
RE: City Comission Meeting — June 11, 2026
Proposed Authorization to pay Buschel Gibbons, P.A. attorneys fees for
representing Miami Police Officer Constant Rosemond in the matter of Talisha
Cooper, individually, and as personal representative for the Estate of Antwon
Leonard Cooper v. City of Miami, et al. filed in the United States District Court for
the Southern District of Florida.
Honorable Mayor and Members of the City Commission
Case Nos. 23-CV-20971-LENARD
File No. 19326
The attached proposed Resolution seeks authorization to pay Ninety Thousand
Dollars ($90,000.00) to Buschel Gibbons, P.A. for legal representation of City of Miami
("City") Police Officer Constant Rosemond, in the matter of Talisha Cooper, individually
and as personal representative of Estate of Antwon Leonard Cooper v. City of Miami,
Constant Rosemond, Case No. 23-CV-20971-JL in the United States District Court for
the Southern District of Florida.
This action was brought by the Estate of Antwon Cooper against the City, and
City Police Officer Constant Rosemond, alleging civil rights violations and state law tort
violations, including Wrongful Death. The City and Rosemond prevailed on the merits
before the trial court and the case settled on appeal at the Eleventh Circuit. Officer
Rosemond 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: Art Noriega, City Manager
Christopher Rose, Director, Office of Management and Budget
Miriam M. Santana, Agenda Coordinator
GKW/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-26-0279
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19326 Final Action Date:6/25/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT
OF ATTORNEYS' FEES AND COSTS IN AN AMOUNT NOT TO EXCEED NINETY
THOUSAND DOLLARS ($90,000.00) TO BUSCHEL GIBBONS, P.A., AS
REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF TALISHA COOPER,
INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF
ANTWON LEONARD COOPER V. CITY OF MIAMI, ET AL., CASE NO.: 23-CV-20971-
JL 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 Constant Rosemond ("Officer"), in the matter of Talisha Cooper,
individually and as personal representative of Estate of Antwon Leonard Cooper v. City of
Miami, Constant Rosemond, Case No. 23-CV-20971-JL in the United States District Court for
the Southern District of Florida ("Case"); and
WHEREAS, Counsel has 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 Ninety
Thousand Dollars ($90,000.00) 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.
50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wyy ng III, C y ttor' y 6/15/2026