Number
250047
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing settlement of claims in the lawsuit entitled Danny Wilber v. City of Milwaukee, et al., Eastern District of Wisconsin Court Case Number 23-CV-0951
Analysis
This resolution authorizes a settlement payment in the amount of $6,960,000.00 related to Eastern District of Wisconsin Court Case Number 23-CV-951, Danny Wilber v. City of Milwaukee, et al.,
Resolution
Body
Whereas, Plaintiff Danny Wilber has filed a civil lawsuit against Gregory Schuler, Randolph Olson, Louis Johnson, Timothy Duffy, Joseph Erwin, Ruben Burgos, Kent Corbett, the Estates of Michael Caballero and Thomas Casper, and the City of Milwaukee alleging injuries and damages arising from his arrest and conviction for the homicide of David Diaz on January 31, 2004; and
Whereas, counsel for the parties have reached an agreement to settle the above-referenced lawsuit for a total amount of $6,960,000.00, inclusive of all fees and costs, subject to approval by the Common Council; and
Whereas, the City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious and just to settle this lawsuit; 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 issue a City check in the amount of $6,960,000.00, payable to: Danny Wilber and mailed to his attorney, Ben H. Elson of People's Law Office, 1180 N. Milwaukee Ave., Chicago, IL 60642, as soon as practicable; and so be it
Further Resolved, that in compliance with the City Attorney’s direction, the proper City officers be and hereby are authorized and directed to issue a check, as soon as practicable, in full and final settlement of all claims as outlined in the above-referenced action, to be charged to the Damages and Claims Fund, Account No. 0001-1490-S118-006300; and so be it
Further Resolved, that for and in consideration of the above-referenced payments, the claimant, by his representative(s) and/or attorney(s), will provide the City a release of any and all claims arising out of or in any way related to this incident.
Requestor
City Attorney
Drafter
NAOMI E. SANDERS/cdr
April 22, 2025
1032-2023-1229/297412