Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 11/4/2020 
Agenda Category:CONSENT REGULAR

Subject: 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT IN THE CASE OF DEBORAH MAKI, ET AL. V. THE CITY OF RIVIERA BEACH, ET AL., CASE NO.: 9:20-CV-80326-DMM; AUTHORIZING GALLAGHER BASSETT TO MAKE PAYMENT IN THE AMOUNT OF ONE HUNDRED AND TWENTY THOUSAND DOLLARS ($120,000.00) AS FULL AND FINAL SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

DAWN S. WYNN, CITY ATTORNEY, 561-845-4069


Recommendation/Motion: The Office of the City Attorney recommends approval of this Resolution. 

Originating Dept City Attorney  Costs $120,000.00 
User Dept. Funding Source
AdvertisedNo Budget Account Number
Date   
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Affected PartiesNot Required   

Background/Summary: 

Deborah Maki; Janne M. Maki; Janne D. Maki; Matthew Maki, a minor; Susan Cruise; Amanda Swanson; and Hunter Swanson, collectively the “Plaintiffs”, filed suit against the City of Riviera Beach for personal injuries they sustained on March 23, 2017 during the search and execution of an arrest warrant by the City of Riviera Beach Police Department, Riviera Beach, Palm Beach County, Florida.

 

On or about February 3, 2020, the Plaintiffs filed suit against the City, Case No.: 502019CA013194XXXXMB, in the Fifteenth Judicial Circuit, Palm Beach County, alleging the City’s police officers violated the Constitutional Rights of the Plaintiffs as provided in the Fourth and Fourteenth Amendments by unlawfully entering the Plaintiffs’ residence, detaining the Plaintiffs, and searching and seizing the Plaintiffs while using excessive force.

 

On or about February 27, 2020, the City removed the above-styled case from the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, to the United States District Court Southern District of Florida in order to adequately address the Plaintiffs Constitutional claims.

 

Both counsel for the Plaintiffs and the City mediated this matter on October 9, 2020, before a Certified Mediator, and counsel for the City, Risk Management and representatives of Gallagher Bassett concur settlement in the amount of One Hundred and Twenty Thousand Dollars ($120,000.00) is in the City’s best interest, subject to City Council approval.

 
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III. Review Comments

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B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
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ATTACHMENTS:
File NameDescriptionUpload DateType
CA-Memo_to_Mayor_and_CC_Maki_Settlement.docxMemo to Mayor and CC Authorize Settlement Maki10/28/2020Cover Memo
CA-Resolution_No_100-20_to_Settle_Deborah_Maki.docResolution No 100-20 Authorizing Settlement Maki10/28/2020Resolution
Acknowledgement_of_Conditional_Settlement.pdfConditional Settlement Agreement10/23/2020Agreement
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved10/23/2020 - 4:56 PM
PurchasingPemsel, AltheaApproved10/25/2020 - 6:58 PM
Financesherman, randyApproved10/27/2020 - 7:13 PM
AttorneyWynn, DawnApproved10/28/2020 - 10:41 AM
City ClerkRobinson, ClaudeneApproved10/28/2020 - 10:53 AM
City ManagerJacobs, DeirdreApproved10/28/2020 - 7:35 PM