MIAMI — Despite losing an appeal Thursday, Miami Commissioner Joe Carollo thinks he can still ultimately prevail in a civil rights lawsuit brought by two Little Havana business owners, despite losing and being dealt a $63.5 million verdict in 2023.
“It is never pleasant when you get a negative response from an appellate court, or any court,” he told Local 10 News.
The loss is significant for the District 3 commissioner. His appeal pertained to a federal civil jury’s findings in 2023 that Carollo violated the First Amendment rights of two Little Havana businessmen, including the owner of Ball and Chain.
The plaintiffs told Local 10 News Carollo abused his public office to wage a relentless campaign of political retaliation against them simply because they supported his opponent.
Their attorney said they will now proceed to collect the judgment from the commissioner and the insurers for the city.
“I think the good news for citizens of city of Miami, this is not a judgment against the city, this is a judgment against the commissioner in a personal capacity,” Miami Mayor Francis Suarez said. “An appellate court has upheld the jury’s findings, and has upheld a more than $60 million judgment against him personally — something he is going to have to deal with in a personal capacity.“
District 1 Commissioner Miguel Gabela, asked, “Why is it that we continue to pay for his lawsuit?”
“I am going to offer a resolution to recoup what we should have never have spent defending him in his personal lawsuit,” he said. “My intention is to recoup that money from him that I think he owes the city and the taxpayer, because he just lost. And more than that, going forward, if he wants to appeal he should do it on his dime, not on the taxpayer’s money.”
Carollo says, though, that he only lost the appeal on a technicality.
He said, “If they would have ruled on it they would have had to rule in my favor,” referencing a footnote in the appeals court ruling stating, “Trial evidence reveals that several of (the) plaintiffs’ entities or tenants did, in fact, violate city ordinances and the Florida Building Code.”
“That was proven in court by law and if we prove that in court they cannot have gone forward in this suit and this suit would have been thrown out,” Carollo said. “Federal Supreme Court rulings, appellate court rulings, state clearly that no matter the feelings of a city, employees, against anybody, if actions that were taken were valid, or at least probable cause for it, in this case they were proven, it has to be thrown out
“They couldn’t get to that point because of what they claim, that my appellate attorney made a mistake and did not refile an amendment that he was supposed to have refiled, according to them.”
Carollo believes he still has a shot.
“This is not over yet,” he said, chuckling.
While the three-judge panel shot down his accusations of jury tampering, the other issues were dismissed on a technicality of sorts —his attorney not filing a notice of appeal, they said, in a timely manner —which is in part why he believes the legal fight is not over.
“We have an opportunity, I believe, to have this reheard again by the full appellate court panel,” Carollo said. “And certainly there is the possibility of the Supreme Court taking this case up — granted these are harder but not impossible."
In 2023, former state and federal prosecutor David Weinstein told Local 10 News, “The defense put forward by the commissioner is that he was doing these actions within the course of his duties as a city commissioner and therefore he’s covered and protected by his status as a public official. Once the verdict is affirmed, that may change things.”
Gabela concluded, “This is the kind of guy (who) will appeal forever because it is not his money.”
Local 10 News is asking city officials how much money has been spent on both the trial and the appellate process so far.
Officials said they’re working to get that figure, though it’s known to be a multi-million dollar sum.
Carollo says in his time in office he has brought in substantial investments that have benefited city residents.
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