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RESOLUTION 91-20341 RESOLUTION NO. 91-20341 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO SETTLE SIEGEL V. CITY OF MIAMI BEACH, ET AL. , UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 91-1145, FOR AN AMOUNT NO GREATER THAN $295,000 INCLUSIVE OF ALL ATTORNEYS FEES AND COSTS. BE IT RESOLVED BY THE CITY COMMISSION OP THE CITY OF MIAMI BEACH: WHEREAS, in 1991, Siegel v. City of Miami Beach, et al. was filed in Federal District Court, wherein Plaintiff alleged a violation of various civil rights based upon alleged illegally obtained confession, false arrest, detention and invasion of privacy. In his Complaint, Plaintiff sought damages against Defendant pursuant to 42 US Section 1983, for these alleged civil rights violations; and WHEREAS, Plaintiff' s attorney, Isaac J. Mitrani, has made an offer to settle whereby Plaintiff will accept $295, 000 from the City representing compensation for all outstanding claims due Siegel from all Defendants; and WHEREAS, the City Attorney representing the City of Miami Beach, has advised that settlement in the subject litigation is in the best interest of the City of Miami Beach, and has thus recommended that the City settle this case without admission of any liability for this negotiated amount; and WHEREAS, the City Attorney recommends that he be authorized to settle the claim for an amount no greater than $295, 000 inclusive of attorneys fees and costs. 1 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 he be authorized to settle this matter for an amount no greater than $295, 000 is hereby accepted and the City Attorney is thus hereby authorized to settle this case consistent with those figures as outlined hereinabove. PASSED and ADOPTED this 11th day of September 1991. kA CSL- MAYO ATTEST: FORM APPROVED CITY CLERK LEGAL DEPT. By Y Date ----------- 2 •! -..-... .1 - +_i+ r.:.S' •. = _'.;vaz• it. -.{.c _ +h Y... .`.A `"I- Jr•x - - , - .-.+...v-- _ ♦. .+.' c!S` 1.'.•J .x "s+.- "r, .r -Y.. 6• _ 'u i y ar .r.'.: •.,•.s 'r+ t. ,l_ M ... .; - - r i: ^,. mow' .{. � •• .!y, :✓ .J'ti`'>''y. .,yfw '.1. ;+ -• %r 'ss•,� .7:''`, f_w.i i �-t 1 .- lµ __ --•-.N:aL4�!'s+a'a_.l:l OFFICE OF THE CITY ATTORNEY 64 lice•Avnie weeirea F O R I D A LAURENCE FEIN LD • s*tiNcoRr ��D*. P.O. BOX O CITY ATTORNEY H 26__ MIAMI BEACH, FLORIDA 33119-2032 •.,, TELEPHONE(305)673-7470 TELECOPY 305)673-7002 3 • COMMISSION MEMORANDUM NO. 32:2- 4 DATE: September 11, 1991 TO: Mayor and Members of the City Commission FROM: Laurence Feingold , City Attorney SUBJECT: Ben Siegel v. City of Miami Beach Case No. 91-1145-CIV-RYSKAMP Request for Settlement Authority r REQUEST FOR SETTLEMENT AUTHORITY This claim arises from an arrest made after investigation of a murder which occurred in Miami Beach in December of 1989 . Ben Siegel,el was arrested and charged with murder in the Plaintiff, g � g first degree in March 1989. He was held without bond for eight months. He was eventually released when the State Attorney dropped the charges. Subsequent to his release another individual confessed to the murder for which Ben Siegel was charged. The Plaintiff sues for various civil rights violations based upon the unlawful obtaining of Siegel ' s psychiatric records, and an interrogation which was coercive. The allegations include false arrest, invasion of privacy, illegal search and trespass each against the City of Miami Beach. Further, individual police officers are sued for civil rights violations as well as malicious prosecution, false arrest, invasion of privacy and conducting an illegal search. The medical records for the Plaintiff have been reviewed. He has an extensive history of psychiatric problems before the arrest took place and extreme psychological problems based upon the • traumatic conditions experienced during his eight months in jail. We have also obtained the criminal investigation file and all other relevant files leading up to the unlawful interrogation. The lawsuit was filed and served on the City but, by agreement with the attorneys for the Plaintiff, the extensive discovery has been stayed since investigation of many of our policies and procedures is necessary to support this case when it is ready for trial. LIABILITY While the Plaintiff has a history of psychological problems, his problems where greatly exacerbated by the incarceration of • eight months for first degree murder which provides for the death penalty or life imprisonment. The officers conducting the investigations were- aware of his psychiatric problems and when the .,t Plaintiff first spoke with the officers, some two months before the arrest, he was knowledgeable about the personal life of the murder victim because he had dated her. 1 s AGENDA "f 7 1 TEM /Z__/0- 1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - DATE 9:7/7_7 .moi _ �._..._....................._ ....«..+... .__w......vf.\..,s•.\ ..a... rrfn..v....,..tum..s,.r••.,s•.•...•i..-..:.cep.url..\.;'.t=.r/- /_Seo:vviw+w••rt..Yz:.►Hff:1..+L.'\x'\:P':r-l7!?..IIa.!wrliti+7V:wr`..Y.t.+l 1..-....a:..;:,.,.-.-... Y2lIldt..ta-...'s.•.._..i..-::IC:a?.:-:.is • ;.•., `i.__1y..a►.v,yc:v:._•.,rrr..•s.i:u•+-.r—a.:.:..V-.a-�.+ ,_ .-..._....,.._.r..- ...__,_ . ._ _- -.,-__._- .._.__ ._____ __ _ — _ 4 f 7 e 1 In subsequent conversations which the investigating officers had with the Plaintiff, various details of the murder scene were discussed. It is unclear from the interviews with the police { officers how much of the details of the murder were presented to Siegel rather than elicited from him. The records relating to Siegel 's psychiatric care were obtained pursuant to a subpoena issued by the State Attorney's office but said subpoena was issued without Court Order. The State Attorney determined that the obtaining of the records was in violation of the law. The lawsuit is based upon an arrest made subsequent to an allegedly coercive interrogation. 5 The F.B.I. reviewed the psychiatric files and advised the police department as to the psychiatric profile of the Plaintiff and how to best elicit a confession from him. Based upon the F.B.I. 's suggestions, the Plaintiff was brought to a hotel by Miami Beach Police Officers not in uniforms and apparently advised that they were "health professionals" who were interested in his mental condition. Through a long interview interspersed with an exchange of sexual fantasies by the interrogating officer and the Plaintiff about the murder, a =A confession was obtained from him. The confession contained many facts which may have been previously presented to the Plaintiff either on that day and/or in prior conversations. 1 Although the Plaintiff asked to leave during the interrogation and requested lawyer, that request was not acted upon. During qu a wy � the interrogation many promises of aide in seeking psychiatric treatment for him were made to the Plaintiff. The Plaintiff finally confessed to the murder and was arrested that day. It should be noted that the interrogation was conducted by an officer who had not been involved in the investigation until some forty- r eight hours before the interrogation. On the basis of the confession obtained during the interrogation, the Plaintiff spent eight months in the Dade County jail charged with a capital offense of first degree murder. •a DAMAGES The Plaintiff was released after eight months based upon a determination by the State Attorney that the confession was involuntary coerced and had been secured illegally. He has had continuing psychiatric problems since his release. His psychiatrist reports that his bipolar schizophrenia (a condition which the investigating officers were well aware of) and symptoms therefrom were seriously worsened by the eight months incarceration. :Y The claimant is now thirty-six years old and suffers from extreme depression, paranoia, and listlessness. He exhibits lack of sexual function, death wishes, and delusions of guilt. EVALUATION The transcript of the interrogation is riddled with offensive sexual fantasies which, while not illegal and sometimes used as an interrogation tool are abhorrent to the average citizen and would very likely shock a jury. Based upon the inability of any of the officers to clearly state that which they told Siegel about the murder scene and based upon the determination by the State Attorney that the confession was illegal and coerced, it appears that some liability on the part of the City is likely to be determined. Jury awards in cases of false arrest and imprisonment even without psychiatric problems have been very high. In Jenny v. City of Hollywood, a police officer who spent one week in jail facing a rape charge received a $1. 1 million jury award. In a Dade County false arrest case where the Plaintiff spent one day in jail, 2 • 4- - ' 1 ' .s. .ir• -� :r•.A -C. `Ti ».-' - rt• ,.._(T.moi,i .iv ., _*\.-. •.y- a r.. .4":u>1`t'.Z:.- . .7 1 _ ;<u _.ri*.;.. .a!- >-,y.'. r •..: ',':•-:-..• �. a -s-:' :.- ,i Z 7-' ... S v +:•,y- .ti:i "t:-., •,3' t r` "- r 1.' v •3 .Jk r' :." ....-• 1. .T3_ .i_ �'-`S� T .,s•.. ti... :t ta�- +r, s.ls. `C,x;' �.i, r,,. a c •F" -t. 3..,•.r• :Y: :r,: t. - .:4. 4 2 .�.— t -- it'. �w;.'a.'ie4l�,'sa.s.a'.'�i4WI; ', A:iairf►wejcers.+':3+ki +aiasr '`3,rs�'i.:.�F::s�+.�i•�� s•:�r.2�3�!=Y'..r:s.�-fi:stL:c�.rrk+aur.�.-ar.�L.s�atar'sai�ai !7i1Y%C�4..'9t.b:�k�'y.ric�i3i��*wi-=:.,t. �i{.r.�w..,�u..arl�,ti9�?7�l'i.-rd:.t��`1.�.at.:.:;:�.-in��s -�aa.�`� -`-�•SYs.:ii... • Plaintiff was awarded $587, 000.00. Hall of Famer Joe Morgan was recently awarded $540, 000. 00 against the Los Angeles Police Department for false arrest and detainment. In Hall v. Ochs, where a man was arrested and refused to sign a waiver not to sue police officers and was thereby held for several hours in jail, the jury returned a verdict of $360, 000. 00. Finally, the 3rd DCA, which is the district court of this circuit, ruled in Swift v. City of Miami, that where a Plaintiff- was incarcerated, subjected to - a - - strip search and held for several hours at the Dade County Jail, an award of $50, 000. 00 was not considered excessive. The Plaintiff spent eight months in jail without bond. It is not unreasonable that a jury verdict well in excess of } $1, 000, 000. 00 is possible. EVALUATION OF OPPOSING COUNSEL Isaac Mitrani and Loren Cohen are highly competent attorneys. They have been successful against the City of Miami Beach in the Brice case and were in fact the attorneys for the Jenny case which returned a-verdict verdict of $1. 1 million for false arrest and false imprisonment. RECOMMENDATION After extensive negotiations, the final demand for settlement in this matter was $500,000. After several discussions with the Plaintiff's attorneys they have agreed to settle this case in the • amount of $295, 000. At this time we do not believe it is an unreasonable offer in light of the possibility of a -$1 million-plus verdict, graphic publicity for a case of this type and probable liability._ - Therefore, _ I_- request_ authority for settlement in the sum of $295, 000 inclusive of costs and fees, as set forth in attached resolution. As you are aware the $100/$200, 000 cap does • not apply for this civil rights case. LF/MJC/yc Attachments • • • • • • • • ( ."s •i ti 3 • • • '79 .• .• • • M r r.. _ _. ..-. ..._____... ._ ... ..._ .... .._....-... •w.-.......•...-r..... s.•1 .r r•.•.u ..+..an.-s.v...i....-anyw...va.sw t.-I.\Y 2.tw_.w.-vwW.v.Yh.wM .•...•-r,aw -.- ORIGINAL RESOLUTION NO. 91-20341 Authorizing the City Attorney to settle Siegel v. City of Miami Beach, ET AL. , United States District Court, Southern District of Florida, Case No. 91-1145, for an amount no greater than $295,000 inclusive of all attorneys fees and costs.