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File #: 201702    Version: 0
Type: Resolution Status: Passed
File created: 4/13/2021 In control: COMMON COUNCIL
On agenda: Final action: 5/4/2021
Effective date:    
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
Attachments: 1. 210324 - Engagement Agreement 2
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
5/13/20210 MAYOR SIGNED   Action details Meeting details Not available
5/4/20210 COMMON COUNCIL ADOPTEDPass13:2 Action details Meeting details Not available
4/26/20210 JUDICIARY & LEGISLATION COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Appearance: Deputy CA Robin Pederson Spencer Tearman - City Attorney
Pass5:0 Action details Meeting details Video Video
4/13/20210 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

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 desires to retain Nathan & Kamionski LLP to investigate the claim, and provide advice, counsel, and representation against the claim; now, therefore, be it

 

Resolved, That the Common Council of the City of Milwaukee hereby authorizes the City Attorney, and appropriate City officers, to execute the Contract for Legal Services between the City of Milwaukee and Nathan & Kamionski LLP that has been submitted to this file, or one in substantial conformity therewith, and to take such steps as are contemplated and required by such Contract for Legal Services. 

 

Requestor

City Attorney

 

Drafter

SFB:sfb

March 26, 2021