City of Milwaukee - File #: 201702

• File #: 201702
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 4/13/2021
• In control: COMMON COUNCIL
• Final action: 5/4/2021
• Title: Resolution approving 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 notice of claim of Ladarius Marshall.
• Sponsors: ALD. DODD
• Indexes: CLAIMS, CONTRACTS, POLICE DEPARTMENT

Date	Ver.	Action By	Action	Result	Tally
5/13/2021	0	MAYOR	SIGNED
5/4/2021	0	COMMON COUNCIL	ADOPTED	Pass	13:2
4/26/2021	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearance: Deputy CA Robin Pederson Spencer Tearman - City Attorney	Pass	5:0
4/13/2021	0	COMMON COUNCIL	ASSIGNED TO

Number
201702
Version

Reference

Sponsor
ALD. DODD

Title
Resolution approving 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 notice of claim of Ladarius Marshall.

Analysis
This resolution approves and authorizes City entry 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 notice of claim of Ladarius Marshall.

Body

Whereas, Milwaukee Code of Ordinances 304-23 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, Ladarius Marshall pled guilty to a homicide charge on March 8, 2010, and was sentenced on May 24, 2010 to 30 years’ imprisonment, with 20 years of initial confinement and 10 years of extended supervision; and

Whereas, On April 22, 2020, Ladarius Marshall successfully petitioned Judge William C. Greisbach of the United Stated District Court for habeas relief on the theory that the Wisconsin State criminal court’s denial of Ladarius Marshall’s motion to suppress was unconstitutional; and

Whereas, All charges against Ladarius Marshall were dismissed by the State of Wisconsin on July 16, 2020 after the State moved to vacate the conviction; and

Whereas, On October 7, 2020, the law firm of Loevy & Loevy submitted a notice of claim letter to the Milwaukee City Clerk asserting claims under Wisconsin state law against the City and the two investigating Milwaukee Police Department detectives in the amount of $12,000,000 for negligent investigation, negligent supervision and training, malicious prosecution, abuse of process, negligent and intentional misrepresentation, negligent and intentional infliction of emotional distress, respondeat superior, indemnification, and unspecified federal claims; and

Whereas, The City of Milwaukee ...