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.
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NAOR /`
ATTEST:
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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.