BREAKING: Judge dismisses former Key West city attorney’s lawsuit seeking advance payment of criminal defense
Koenig ruled that the defense clause only covered “lawful conduct” while in the city’s employ.
A Monroe County judge on Friday dismissed with prejudice a civil lawsuit filed by former Key West City Attorney Ronald Ramsingh seeking to force the city to pay his criminal defense costs in advance, ruling that his employment contract does not require such payments.
In an order e-filed Friday, Dec. 19, Circuit Judge Timothy Koenig granted the City of Key West’s motion to dismiss Ramsingh’s complaint for breach of contract and declaratory relief.
Court records show the city filed a motion to dismiss that was not set for a hearing. Koenig ruled on the pleadings and written filings, concluding that the complaint failed as a matter of law and could not be cured by amendment.
Ramsingh sued after the city refused to advance funds for his legal defense against pending criminal charges that include official misconduct, illegal interception and disclosure of communications, tampering with physical evidence and related allegations tied to his tenure as city attorney. He also asserted federal civil rights claims alleging malicious prosecution and civil conspiracy.
At issue was an indemnification clause in Ramsingh’s employment agreement stating that the city would “defend, hold harmless and indemnify” the city attorney for legal actions related to lawful conduct in the course of his duties.
Koenig ruled that the language does not provide for advance payment of legal fees and applies only to reimbursement after litigation — and only for lawful acts. The order distinguishes indemnification from “advancement,” which requires clear and explicit contractual language that Ramsingh’s agreement does not contain.
The judge also rejected Ramsingh’s reliance on state law and on examples of reimbursements in other cases, finding they did not override the contract’s plain terms or establish equitable estoppel.
Provisions attempting to indemnify a party for alleged wrongdoing are disfavored under Florida law unless stated in clear and unequivocal terms, the court said.
Because the defect in the complaint was legal rather than factual, Koenig dismissed the case with prejudice, barring Ramsingh from refiling the claims.
The ruling leaves Ramsingh responsible for his defense costs as his criminal case proceeds.