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RESOLUTION 90-19966 RESOLUTION NO. 90-19966 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING ATTORNEY GREG GAEBE, ESQ. TO SETTLE BRISK V. CITY OF MIAMI BEACH ET AL, UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 88-2402, FOR AN AMOUNT NO GREATER THAN THE $520,000 JUDGMENT, AND AUTHORIZING GAEBE TO SETTLE THE ISSUE OF PLAINTIFF' S ATTORNEYS FEES FOR AN AMOUNT NO GREATER THAN $250,000. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH: WHEREAS, in 1988 Brisk v. City of Miami Beach et al was filed in Federal District Court, wherein Plaintiff alleged a violation of his civil rights based upon alleged police brutality. In his Complaint, Plaintiff sought damages against Defendant pursuant to 42 USC Section 1983 , Assault and Battery, Malicious Prosecution, and False Arrest and Imprisonment; and WHEREAS, this case proceeded to trial, resulting in a $520, 000 verdict assessed against Defendants, with attorneys fees to be determined at a later date; and WHEREAS, Plaintiff ' s attorney, Isaac J. Mitrani, has made an offer of settlement (Exhibit "A" hereto) whereby Plaintiff will accept $505, 000 from the City representing its compensatory claim due Brisk, and will further accept $375, 000 in settlement of its claim for attorneys fees and costs; and WHEREAS, Greg Gaebe, Esq. of Gaebe, Murphy, Mullen & Antonelli, representing the City of Miami Beach, has advised that consideration of Plaintiff's settlement in the subject litigation is in the best interest of the City of Miami Beach, and has thus recommended that the City attempt to settle this case for a negotiated amount; and WHEREAS, the City Attorney concurs in the recommendation of Attorney Gaebe and would further recommend that Attorney Gaebe be authorized to settle this cause for an amount no greater than the $520, 000 judgment, and further recommends that Attorney Gaebe be 1 authorized to settle the issue of attorneys fees for an amount no greater than $250, 000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the recommendation of the City Attorney that Attorney Greg Gaebe, Esq. , outside counsel representing the City of Miami Beach in Brisk v. City of Miami Beach et al, be authorized to settle this matter for an amount no greater than the $520, 000 judgment and to settle the issue of Plaintiff' s attorneys fees for an amount no greater than $250, 000 is hereby accepted and Attorney Gaebe is thus hereby authorized to settle this case consistent with those figures as outlined hereinabove. PASSED and ADOPTED this / day of / 1990. //;37^}riir //t NAOR /` ATTEST: /e-g&-Ze 614/4/ CITY CLERK FORM APPROVED LEG ►jL DEPT1 By ` - , r , /tr Date 2 • ORIGINAL RESOLUTION NO. 90-19966 Authorizing Attorney Greg gaebe, Esq. to settle Brisk V. City of Miami Beach ET AT, United States District Court, Southern District of Florida, Case No. 88-2402, for an amount no greater than the $520,000 judgment, and authorizing Gaebe to settle the issue of plaintiff's attorneys fees for an amount no greater than $250,000.