HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF 1NIIAA11
OFFICE OF THE CITY ATTORNEY
AIEAIORANDUAI
TO: Honorable Mayor and Member of Zkity in riission
FROM: Victoria Mendez, City Attorne
DATE: February 8, 2016. �-
RE: Proposed Settlement City Commission Agenda - February 25, 2016
Melvin Colindres and Alma Colindres, as Personal Representatives
of the Estate of Kevin Colindres, deceased, and individually vs. City
of Miami and Police Chief John Timoney
Case No.: 07-13294 CA 03
File ID No. 16-00172
The attached proposed Resolution seeks authorization for the settlement of a claims
bill against the City of Miami asserted in the above -referenced lawsuit for a final payment
in the total amount of $226,512.10.
This is a claim by Plaintiffs, as personal representatives of the Estate of Kevin
Colindres, deceased, and individually against the City of Miami, et al. alleging negligence
during a seizure by the Miami Police Department of their severely autistic soil. Plaintiffs
claim Kevin Colindres died as a result of the alleged negligence.
The City Conunission previously approved Resolution No. 10-0229 authorizing
paynient of $200,000.00 and directed the Office of the City Attorney to contest any amount
over the $200,000.00 statutory cap.
The Office of the City Attorney has investigated and evaluated this claim and
approves the reconunendation of settlement. Funds, in the amount of $226,512.10 are
available fiom Account No. 50001.301001.545010.0000.00000. Because there is a
statutory cap of $200,000.00 applicable to this claim, these amounts will be paid to
Plaintiffs after Plaintiffs obtain a claims bill from the Florida Legislature.
Attacbment(s)
CC. Daniel J. Alfonso, City Manager
Christopher Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/VL , /1/vj a/ag