...Number
241266
...Version
SUBSTITUTE 1
...Reference
212038, 220430
...Sponsor
THE CHAIR
...Title
Substitute resolution authorizing the Office of the City Attorney to contract for legal services between the City of Milwaukee and Nathan & Kamionski LLP to advise and provide counsel to the City of Milwaukee in relation to the lawsuit entitled “Wilber v. City of Milwaukee, et. al.,” Case No. 2:23-CV-00951, in the United States District Court for the Eastern District of Wisconsin.
...Analysis
This resolution authorizes the City to enter into a contract for legal services with the law firm of Nathan & Kamionski LLP, to advise and provide counsel to the City of Milwaukee in relation to the lawsuit entitled “Wilber v. City of Milwaukee, et. al.,” Case No. 2:23-CV-00951, in the Eastern District of Wisconsin, to the maximum dollar amount from $50,000.
...Body
Whereas, Section 304-23 of the Milwaukee Code of Ordinances allows the Common Council to authorize retention of a law firm outside of the City Attorney’s permanent staff, pursuant to a written agreement; and
Whereas, On July 17, 2023, the People’s Law Office filed a federal civil rights lawsuit against the City of Milwaukee and several Milwaukee Police detectives involved in the investigation and interrogation that resulted in Mr. Wilber’s conviction and prison sentence. The lawsuit alleges 14th Amendment Due Process violations for fabrication/coercion of false evidence, failure to intervene, conspiracy, and Monell liability for a pattern/practice of misconduct within the homicide division during a late ‘90s - early 2000s. They are seeking $18 million, inclusive of attorney’s fees in damages; and
Whereas, The City of Milwaukee desires to retain Nathan & Kamionski LLP to investigate the claim, and provide advice, counsel, and representation against the lawsuit; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Office of the City Attorney is authorized to retain outside counsel from the law firm of Nathan & Kamionski LLP, to advise and provide legal services and representation of the City in relation to the lawsuit entitled “Wilber v. City of Milwaukee, et. al,” Case No. 2:23-CV-00951, (Eastern District of Wisconsin); and, be it
Further Resolved, That the Office of the City Attorney is authorized to execute a Contract for Legal Services with Nathan & Kamionski LLP, substantially in the form of the contract attached to this file; and, be it
Further Resolved, That an amount not to exceed $50,000 is appropriated from the City Attorney’s Office Counsel Expert Witness Special Purpose Account Number 0001-1490-S157-06300 for retaining outside counsel; and, be it
Further Resolved, That the Office of the City Attorney is directed to expend up to $50,000 from this account for this purpose.
...Requestor
City Attorney
...Drafter
Naomi Sanders/cdr
December 6, 2024
1032-2023-1229/295189