HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: May 10, 2018 (�
RE: Proposed Settlement for City Commission Meeting — May 10, 2018 regarding the
matter of Emmanuel Reyes vs. City of Miami, Nestor Amores, and Zulema
Dominguez
Case No.: 17 -22152 -CIV -Ungaro
File No 3966
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City"), Nestor Amores, and Zulema Dominguez, in the
amount of seventy-five thousand dollars ($75,000.00).
This is action was brought by the law firm Richard J. Diaz, P.A. and Obront
Corey PLLC, on behalf of Emmanuel Reyes relating to an alleged wrongful police
shooting.
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 the Account No. 50001.301001.545010.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Anna Medina, Agenda Coordinator
VM/BLM/HJH
File Number: 3966
City of Miami
Legislation
Resolution
Enactment Number: R-18-0181
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:5/10/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY EMMANUEL REYES, WITHOUT ADMISSION OF LIABILITY,
THE AGGREGATE TOTAL SUM OF SEVENTY-FIVE THOUSAND DOLLARS
($75,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST
ZULEMA DOMINGUEZ, NESTOR AMORES, THE CITY OF MIAMI, AND ITS
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED EMMANUEL
REYES VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT
COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 17 -22152 -CIV -UNGARO,
UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS
AND A DISMISSAL OF THE CITY OF MIAMI, ZULEMA DOMINGUEZ, AND NESTOR
AMORES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, Emmanuel Reyes and the City of Miami ("City") are engaged in litigation in
the United States District Court Southern District of Florida, Case No.: 17 -22152 -CIV -Ungaro,
concerning an alleged wrongful police shooting claim; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit,
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and lawsuit be settled for the lump sum of seventy-
five thousand dollars ($75,000.00), including the claim for attorney's fees;
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. The Director of Finance is authorized' to pay Emmanuel Reyes, without
admission of liability, the aggregate total sum of seventy-five thousand dollars ($75,000.00) for
full and complete settlement of any and all claims and demands, including his claim for
attorney's fees, against Nestor Amores, Zulema Dominguez, the City, its agents, officers, and
employees in the case styled as Emmanuel Reyes vs. City of Miami, et al., pending in the
United States District Court Southern District of Florida, Case No. 17 -22152 -CIV -UNGARO,
upon the execution of general releases of all claims and demands, and a dismissal of the City,
Nestor Amores, and Zulema Dominguez, with prejudice, with funds allocated from Account No.
50001.301001.545010.0000.00000.
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.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.z
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor iey 4/2512018
Z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.