Two businessmen who won a $63 million verdict against Miami Commissioner Joe Carollo want the city to pick up some of the judgment.
Little Havana business owners William Fuller and Martin Pinilla filed a "motion to clarify judgment" last week to have a judge declare that the massive judgment against Carollo is in his official capacity as well as individual capacity.
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WATCH HEREA federal jury last month found Carollo liable for violating the First Amendment rights of Fuller and Pinilla, and awarded them more than $63 million in damages.
The motion filed last week argued that although the city was dismissed as a named defendant in the lawsuit in 2018, the city attorney's office participated in the proceedings, and the city's attorneys coordinated with Carollo's attorneys during the trial.
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The motion also points out that Carollo's legal expenses were paid by the city through an insurance policy.
In a statement after the judgment, fellow Miami Commissioner Manolo Reyes said the city would not be responsible for paying the massive verdict.
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"The City of Miami has NO financial responsibility for the verdict in Fuller v. Carollo because the City was not a party to the litigation," Reyes said. "In addition, there is a statute that prohibits the City of Miami from paying a judgment for intentional conduct, which is how the jury found."
In a separate statement, the City of Miami said Carollo's legal expenses will continue to be covered by the "excess carrier" coverage.
"We believe elected officials are entitled and afforded to a defense until the completion of the appellate process," the city's statement read. "We are optimistic that the appeals process will be favorable for District 3 Commissioner Joe Carollo. The City is cognizant that the final outcome of this civil litigation could have a material impact on the other active litigation involving these same plaintiffs and the City of Miami. The necessity to appeal this jury verdict is significant, in that it ensures the City’s ability to enforce our code, protect our quality of life, and guarantee the safety and well-being of our residents and visitors."
Carollo, in an interview with NBC6, said there's no way he can personally pay the judgment.
"I would if I would have been a crooked elected official that had all kinds of money. But unfortunately for them, and they know it, I've been an honest elected official, that I don't have that kind of money and they know it," he said.
Carollo insisted he did nothing wrong and said he plans to appeal, and ultimately believes the verdict will be overturned.
Fuller, the owner of the Ball and Chain restaurant and club, and Pinilla claimed Carollo weaponized the city’s police and code enforcement departments to shut down several of their businesses in Little Havana because they supported his political opponent.
