Settle lawsuit with Monica Bustillo and Eric Denis for $175,000

CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney DATE: June 17, 2025 RE: City Commission Meeting – May 22, 2025 Proposed Settlement – Monica Bustillo, Eric Denis v. City of Miami, Carolina Galvez, Daniel Kerr, Kassandra Mercado, Marquis Williams, pending in the United States District Court for the Southern District of Florida Case No.: 1:24-CV-22462-JB File No.: 17532 The proposed resolution seeks authorization for the settlement of the pending lawsuit of Monica Bustillo, Eric Denis v. City of Miami, Carolina Galvez, Daniel Kerr, Kassandra Mercado and Marquis Williams, in the amount of $175,000.00, in the matter of Monica Bustillo, Eric Denis v. City of Miami, Carolina Galvez, Daniel Kerr, Kassandra Mercado, Marquis Williams, pending in the United States District Court for the Southern District of Florida. The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Funds in the above amount will be paid from the General Liability Account No. 50001.301001.545010.0000.00000. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator GKW/BLF City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 17532 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MONICA BUSTILLO AND ERIC DENIS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $175,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED MONICA BUSTILLO AND ERIC DENIS VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 1:24- CV-22462-JB, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT UNDER 42 U.S.C. § 1983 AND STATE LAW PENDING IN FEDERAL COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, on June 30, 2021, Monica Bustillo and Eric Denis were arrested by Officers Carolina Galvez, Daniel Kerr, Kassandra Mercado, Marquis Williams that resulted in alleged injuries to Bustillo and Denis; and WHEREAS, Monica Bustillo, Eric Denis and the City of Miami (“City”), Officers Carolina Galvez, Daniel Kerr, Kassandra Mercado, Marquis Williams, are engaged in litigation in United States District Court in the Southern District of Florida, Case No.: 1:24-CV-22462-JB concerning claims for alleged violations of Civil Rights, state law tort claims related to same; and WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claims and lawsuit be settled for the total aggregate sum of $175,000.00, including the claims for attorneys’ fees;

NOW, THEREFORE,

BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Director of Finance is authorized1 to pay Monica Bustillo and Eric Denis, without admission of liability, the total sum of $175,000.00 in full and complete settlement of any and all claims and demands, including all claims for attorneys’ fees, against the City and its officers, agents, and employees in the case styled Monica Bustillo and Eric Denis vs. City of Miami, Officers Carolina Galvez, Daniel Kerr, Kassandra Mercado, and Marquis Williams, pending in the United States District Court in the Southern District of Florida, Case No.: 1:24- CV-22462-JB, upon the execution of a general release of all claims and demands brought for 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. alleged violations of civil rights, state law tort claims pending in federal court and a dismissal of the City and its officers, agents, and employees with prejudice. Section 3. Funds to be allocated from Account No. 50001.301001.545010.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: