City of Milwaukee - File #: 200850

• File #: 200850
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 10/13/2020
• In control: COMMON COUNCIL
• Final action: 11/4/2020
• Title: Resolution authorizing settlement of claims in the lawsuit entitled Estate of Sylville K. Smith, et al. v. City of Milwaukee, et al., Case No. 17-CV-862-LA.
• Sponsors: THE CHAIR
• Indexes: POLICE DEPARTMENT, SUITS SETTLEMENT

Date	Ver.	Action By	Action	Result	Tally
11/13/2020	0	COMMON COUNCIL	ASSIGNED TO
11/6/2020	0	MAYOR	SIGNED
11/4/2020	0	COMMON COUNCIL	ADOPTED	Pass	14:1
10/26/2020	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearing: Naomi Gehling - ACA	Pass	3:0

Number
200850
Version
ORIGINAL
Reference

Sponsor
THE CHAIR
Title
Resolution authorizing settlement of claims in the lawsuit entitled Estate of Sylville K. Smith, et al. v. City of Milwaukee, et al., Case No. 17-CV-862-LA.

Analysis
This resolution authorizes a settlement payment in the lawsuit Estate of Sylville K. Smith, et al. v. City of Milwaukee, et al., Case No. 17-CV-862-LA in the amount of $4,000,000.00.

Body
Whereas, the plaintiffs, the Estate of Sylville K. Smith, Mildred Haynes, and Patrick Smith, filed a federal civil rights lawsuit against the City of Milwaukee and one of its police officers, seeking an unspecified amount in damages for excessive use of force resulting in the shooting death of Sylville Smith during the stop incident that occurred on August 16, 2016; and

Whereas, the plaintiffs have agreed to settle their claims against the City of Milwaukee and its former officer through a settlement agreement providing for payment of the total amount of $4,000,000.00; and

Whereas, the City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious and just to pay a settlement of the claims against it and its officers in this lawsuit; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee that the proper City officials be and are hereby authorized and directed to issue a City check in the amount of $4,000,000.00 payable to the order of Loevy & Loevy Client Trust Account, The Estate of Sylville Smith, Mildred Haynes, and Patrick Smith, in full and final settlement of all monetary damages sought in this lawsuit, including reasonable attorney’s fees and costs, on receipt of a Release of Claims, approved as to form and execution by the City Attorney, said amount to be charged to the Damages and Claims Fund, Account No. 636505, Fund No. 0001, Organization No. 1490, Program No. 2632, Sub Class No. S118; and, be it

Further Resolved, That the funding of the settlement amount will be author...