Miami Commissioner Joe Carollo found liable in federal civil trial, ordered to pay plaintiffs

MIAMI -- Jurors on Thursday agreed with the plaintiffs who sued Miami Commissioner Joe Carollo in federal court, accusing him of orchestrating a vendetta against them because they supported a rival candidate for political office.

The jury found Carollo guilty of violating the First Amendment rights of businessmen William Fuller and Martin Pinilla, the operators of a string of businesses along the Little Havana business corridor that include the iconic Ball & Chain nightclub. 

The two men had been seeking at least $2.5 million in damages from their federal lawsuit. 

But jurors ordered Carollo to pay over $63 million in total to the men as a result of the verdict. 

"Once and for all it feels great to finally smush that cucarracha," Fuller said.  "When these people try to rise you need to stop them. You need to fight back.  That's what our US constitution allows us to do and that's what martin and I did," Fuller continued. 

Pinilla said the jury is sending a strong message defending freedom of speech. "Joe Carollo, what he has done to us, our business to our employees is wrong and he does not deserve to be an elected official," Pinilla said.

Carollo did not comment after the verdict because of a gag order in effect at the time.  Later his legal team released a statement saying, "Commissioner Carollo and his legal team thank the jury for their service. We are disappointed with the result. Commissioner Carollo will seek to exercise all legal rights available to him including appellate review. 

Unlike the Plaintiffs who seem to have now resorted to disparaging comments about the Commissioner and City of Miami Employees, the Commissioner will continue to serve all citizens of District 3 and the City of Miami fairly and equally in protecting health, safety, and quality of life," the statement read.

City Attorney Victoria Méndez said in a statement, "The City thanks the jury for their service during this lengthy trial. Although the City is disappointed with the verdict and certain issues that occurred during the trial, the City anticipates that Commissioner Carollo will be exercising (and should exercise) full appellate rights, as provided for and protected under the American judicial system."  Mendez did not address our question of who foots the bill.  We asked attorney David Weinstein, who's not involved in the case, who has to pay. "As for the damages, that's on the Commissioner, because the jury found that he acted outside the scope of his authority," Weinstein said.

The trial lasted for nearly two months and became a saga in itself with at least three jurors being dismissed and the trial having to vacate the Broward courthouse because of historic flooding in May.

Over the more than 50-day trial, three jurors dropped out and Carollo racked up nearly $2 million in legal bills at the taxpayer's expense.

In the suit, the plaintiffs contend that Carollo pressured code enforcement officers to visit at least two of their venues on dozens of occasions and that Carollo wanted to have their liquor licenses pulled.

The Miami Herald reported that one of the businesses closed while another relocated out of the area.

At least 16 witnesses testified on behalf of the plaintiffs, and prosecution lawyers said Carollo claimed that they all lied under oath, including a former city manager and three former police chiefs.

Carollo, 68, has been in public office for several decades.