Resolution 2022-32329 RESOLUTION NO.; 2022-32329
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN
KHALID VAUGHN AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE
AMOUNT OF $119,000.00; AND AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS
FOR THE IMPLEMENTATION THEREOF.
WHEREAS, on July 26, 2021, Khalid Vaughn, a 28-year-old visitor, was arrested, and
he alleges, inter alia, false arrest, battery and excessive force during and following detainment;
and
WHEREAS, Mr. Vaughn is currently represented by counsel in a litigation against the •
City of Miami Beach, Florida, in the United States District Court, Southern District of Florida,
Case No. 22-cv-21109-CMA, commenced on April 11, 2022, alleging violation of state and
federal law relating to the incident on July 26, 2021; and
WHEREAS, the parties desire to avoid incurring further costs of litigation and seek to
resolve all matters in controversy, disputes, and causes of action between the parties in an
amicable fashion; and
WHEREAS, the parties have reached a full and final compromise and settlement of all
matters, causes of action, claims, and contentions between them, which is contingent upon
approval of the Mayor and City Commission; and
WHEREAS, the City Manager and the City Attorney recommended that the Mayor and
City Commission authorize the settlement payment in the amount of$119,000.00 from the City's
Risk Management Fund.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: that The Mayor and City
Commission hereby approve the settlement between Khalid Vaughn and the City of Miami
Beach, Florida, in the amount of$119,000.00; and authorize the City Manager and City Attorney
to take the necessary and appropriate steps for the implementation thereof.
PASSED and ADOPTED this 28th day of September 2022.
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ATTEST:
Gelber, Mayor
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Rafael E. Granado, City Clerk %'• 0=
APPROVED AS TO
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FOR EXECUTION.
City Attorney - . Date
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
1
DATE: September 28, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN
KHALID VAUGHN AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE
AMOUNT OF $119,000.00; AND AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS
FOR THE IMPLEMENTATION THEREOF.
RECOMMENDATION
For the reasons outlined in this Memorandum, the Administration and the City Attorney's Office
recommend that the Mayor and City Commission approve the settlement between Khalid
Vaughn and the City of Miami Beach, Florida, in the amount of $119,000.00; and authorize the
City Manager and City Attorney to take the necessary and appropriate steps for the
implementation thereof.
BACKGROUND
On July 26, 2021, Khalid Vaughn, a 28-year-old visitor, was arrested and alleges, inter alia,
false arrest, battery and excessive force during and following detainment.
Mr. Vaughn is currently represented by counsel in a litigation against the City of Miami Beach,
Florida, in the United States District Court, Southern District of Florida, Case No. 22-cv-21109-
CMA, commenced on April 11, 2022, alleging violation of state and federal law relating to the
incident on July 26, 2021.
The parties desire to avoid incurring further costs of litigation and seek to resolve all matters in
controversy, disputes, and causes of action between the parties in an amicable fashion. The
parties have reached a full and final compromise and settlement of all matters, causes of action,
claims and contentions between them, which is contingent upon approval of the Mayor and City
Commission. The City. Manager and the City Attorney recommend that the Mayor and City
Commission authorize the settlement payment in the amount of $119,000.00 from the City's
Risk Management Fund.
FISCAL IMPACT
Pursuant to Section 2-12 of the City Code, the proposed resolution will not result in an
anticipated increase in budgeted revenues or expenditures of the City in this fiscal year, or in
the next fiscal year.
RAP//RR/ag
Resolutions - C7 B
MIAMI BEA I
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 28, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING THE SETTLEMENT BETWEEN
KHALID VAUGHN AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE
AMOUNT OF $119,000.00; AND AUTHORIZING THE CITY MANAGER AND
CITYATTORNEY TO TAKE THE NECESSARYAND APPROPRIATE STEPS
FOR THE IMPLEMENTATION THEREOF.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
See attached Commission Memorandum.
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Resolution
Page 12 of 508
F
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the C
ity Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 28, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN
KHALID VAUGHN AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE
AMOUNT OF $119,000.00; AND AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS
FOR THE IMPLEMENTATION THEREOF.
RECOMMENDATION
For the reasons outlined in this Memorandum, the Administration and the City Attorney's Office
recommend that the Mayor and City Commission approve the settlement between Khalid
Vaughn and the City of Miami Beach, Florida, in the amount of $119,000.00; and authorize the
City Manager and City Attorney to take the necessary and appropriate steps for the
implementation thereof.
BACKGROUND
On July 26, 2021, Khalid Vaughn, a 28-year-old visitor, was arrested and alleges, inter alia,
false arrest, battery and excessive force during and following detainment.
Mr. Vaughn is currently represented by counsel in a litigation against the City of Miami Beach,
Florida, in the United States District Court, Southern District of Florida, Case No. 22-cv-21109-
CMA, commenced on April 11, 2022, alleging violation of state and federal law relating to the
incident on July 26, 2021.
The parties desire to avoid incurring further costs of litigation and seek to resolve all matters in
controversy, disputes, and causes of action between the parties in an amicable fashion. The
parties have reached a full and final compromise and settlement of all matters, causes of action,
claims and contentions between them, which is contingent upon approval of the Mayor and City
Commission. The City Manager and the City Attorney recommend that the Mayor and City
Commission authorize the settlement payment in the amount of $119,000.00 from the City's
Risk Management Fund.
FISCAL IMPACT
Pursuant to .Section 2-12 of the City Code, the proposed resolution will not result in an
anticipated increase in budgeted revenues or expenditures of the City in this fiscal year, or in
the next fiscal year.
RAP//RR/ag
Page 13 of 508