Resolution 348-1990
/
Monroe County Commission
RESOLUTION NO. 148 -1990
A RESOLUTION OF THE BOARD OF COUNTY COMI'US-
SIONERS OF MONROE COUNTY, FLORIDA, PROVIDING
FOR THE EMPLOYMENT OF E. BRUCE JOHNSON, ESQ.
OF THE LAW FIRM OF FLEMING, 0' BRYAN, AND
FLEMING, TO REPRESENT MONROE COUNTY IN THE
MATTER OF SCHMELZ V. MONROE COUNTY, ET AL.
CASE NO. 90-10029, IN WHICH MONROE COUNTY HAS
BEEN NAMED AS A DEFENDANT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, as follows:
1. That a Federal lawsuit has been filed naming Monroe
County as a Defendant. (Schmelz v. Monroe County, et al.; Case
No. 90-10029-Civ-King).
2. That the case involves an attempted suicide of a
prisoner being held at the Monroe County Jail and seeks damages
resulting from alleged violations of the prisoner's civil rights.
It is projected that Monroe County's liability potential could
exceed one million dollars.
3. That it has recently been determined that Monroe
County's self-insurance policy with the League of Cities does not
provide coverage in this matter, either for attorney's fees or
liability.
That under our self-insurance program, the County
pays the first $100,000 in attorney's fees regardless of
coverage.
4. That the law firm of Fleming, O'Bryan, and Fleming has
customarily been chosen by the League of Cities to represent
Monroe County and the League initially selected E. Bruce Johnson
of that firm to defend the County in this matter.
5. That attorney Johnson is experienced in defending
Federal civil rights actions and has been significantly involved
in defending Monroe County in this matter since April, 1990.
6. That in accordance with Sec. 7 of Ordinance No.
025-1988 (Risk Management Program), it is in the best interests
of Monroe County to retain attorney E. Bruce Johnson to continue
to represent the County in this matter and he is, hereby,
authorized to represent the County in the above-referenced
lawsuit.
7. That Mr. Johnson shall be compensated by Monroe County
at the rate of $90.00 per hour, plus reimbursed costs, for his
representation of the County in this matter.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the I/-Ht day of ~, A.D. 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ok.~
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
By