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File #: 220794    Version:
Type: Resolution Status: Passed
File created: 9/20/2022 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 10/11/2022
Effective date:    
Title: Substitute resolution approving the settlement of the lawsuit entitled Tari Davis, et al. v. City of Milwaukee, et al., E.D. Wisc. Case No. 19-CV-1523, in the amount of $450,000.
Sponsors: THE CHAIR
Indexes: SUITS PAYMENT, SUITS SETTLEMENT
Attachments: 1. City Atty. Cover Letter.pdf, 2. Fiscal Impact Statement.pdf

Number

220794

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

Substitute resolution approving the settlement of the lawsuit entitled Tari Davis, et al. v. City of Milwaukee, et al., E.D. Wisc. Case No. 19-CV-1523, in the amount of $450,000.

 

Analysis

This resolution authorizes settlement of claims raised by the Plaintiffs Tari Davis, et al. in the lawsuit entitled Tari Davis, et al. v. City of Milwaukee, et al., Eastern District of Wisconsin, Case No. 19-CV-1523, for the total amount of $450,000. 

Body

Whereas, Plaintiffs Tari Davis, Lateasha Russ, Drameria Russ, N.R. a minor and her guardian, Mrs. Russ, S.B.R., a minor and her guardian Mrs. Russ, X.R. a minor and her guardian Mrs. Russ filed a lawsuit in the Eastern District of Wisconsin, Case No. 19-CV-1523, against City of Milwaukee, Police Chief Alfonso Morales, Nikolas P. Zens, Matthew B. Mengel, William Wilson, III, Michael Brunson, Winfried T. Finkley, Gregory Rupnick, Tyler Pileggi, Robert Smith, Harold Thomas, Tammy Tramel-McClain, Jason Davis, Kyle Labensky, Thaddeus Schimmels, and Albert Sunn, seeking damages for alleged violation of Title 42 U.S.C. §1983 and 22 other claims; and

 

Whereas, Plaintiffs have agreed to settle the claims raised in the above-referenced lawsuit for the total amount of $450,000, inclusive of all costs and fees, including attorney’s fees; and

 

Whereas, The City Attorney recommends and 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 City Attorney is authorized settle the case entitled Tari Davis, et al. v. City of Milwaukee, et al., Eastern District of Wisconsin, Case No. 19-CV-1523, for the total amount of $450,000; and be it

 

Further Resolved, That the proper City officers are authorized and directed to issue a check in the amount of $450,000 payable to the order of AR IOLTA OF SWANIGAN LEGAL SERVICES PLLC as soon as practicable; and, be it

 

Further Resolved, That an amount not to exceed $450,000 is appropriated from the City Attorney’s Damages and Claims Fund, Account No. 0001-1490-S118-006300; and, be it

 

Further Resolved, That for and in consideration of this payment, the plaintiff, by their representatives and their attorneys, will provide to the City a release of any claims arising out of or in any way related to this incident.

 

Requestor

City Attorney

Drafter

NAD - City Attorney’s Office

September 19, 2022

1032-2019-2089/281819

 

LRB 177606-1

Tea B. Norfolk

9/22/2022