NUMB:
981489
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
Resolution authorizing payment of judgment in the action entitled Davis v. City of Milwaukee, et al., U.S. District Court Case No. 96-C-1099. (City Atty.)
ANLS:
Analysis
This resolution authorizes payment of the judgment in Davis v. City of Milwaukee, et al., U.S. District Court Case No. 96-C-1099. The final judgment entered in favor of defendant Lane amounts to the sum of $16,097.85 plus interest payable on the judgment through the date of payment.
BODY:
Whereas, This matter began as a pro se civil rights complaint filed against the City of Milwaukee, the City of Milwaukee Chief of Police and others, and the plaintiff was dismissed from the action when she refused to pursue the case; and
Whereas, Among the others sued was defendant Allen Lane, a police officer, and the City Attorney's Office declined to represent defendant Lane in the action on the ground that the conduct alleged in the complaint was outside the scope of his employment; and
Whereas, Defendant Lane subsequently hired counsel and filed a cross-claim in the action against the City of Milwaukee, seeking to have his attorney's fees and costs incurred in the action paid by the City of Milwaukee, and defendant Lane prevailed on his cross-claim; and
Whereas, The federal court ruled expressly that defendant Lane was within the scope of his employment during the relevant time and that the City of Milwaukee was liable to defendant Lane for his costs and attorney's fees incurred in the action; and
Whereas, On January 11, 1998, the court entered an amended judgment adjudicating specifically that defendant Lane had incurred $16,097.85 in costs and attorney's fees in defending himself in the action; and interest on the judgment through the date of payment has accrued in the amount of $90.20, and the City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious and just to pay this judgment and the interest payable thereon; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the proper City officers be and hereby are authorized and directed to pay the judgment in the amount of $16,097.85 which represents attorney's fees and costs incurred by defendant Lane in defending himself in the captioned matter, plus interest payable on the judgment in the amount of $90.20, to be funded from the Damages and Claims Fund, Fund 0001 Org 1490 Program 0001 Sub-Class S118 Account 006300, and that a check in the sum of $16,188.05 be made payable to the trust account of Attorney John E. Machulak upon receipt of a satisfaction of judgment, approved as to form and execution by the City Attorney; and, be it
Further Resolved, That the Common Council of the City of Milwaukee approves the expenditure of funds by the proper City Officers of the specific amounts necessary to pay the judgment and post-judgment interest; and, be it
Further Resolved, That the appropriate City officials are hereby authorized and directed to execute all instruments and documents and to take any other actions as may be necessary to implement the provisions of this resolution.
ZDPT:
DFTR:
City Atty
Ltokus:17118
1/12/99