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File #: 090685    Version: 0
Type: Resolution Status: Passed
File created: 9/22/2009 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 10/13/2009
Effective date:    
Title: Resolution authorizing settlement of the lawsuit entitled Harris v. Clark, et al.
Sponsors: THE CHAIR
Indexes: CONTINGENT FUND, LITIGATION, POLICE DEPARTMENT, SUITS PAYMENT, SUITS SETTLEMENT
Attachments: 1. Cover Letter, 2. Fiscal Note, 3. Hearing Notice List
Number
090685
Version
Original
Reference

Sponsor
THE CHAIR
Title
Resolution authorizing settlement of the lawsuit entitled Harris v. Clark, et al.
Analysis
This resolution authorizes settlement of the lawsuit entitled Harris v. Clark, et al., Case No. 06-C-0529, for the total amount of $3,000,000.00.
Body
Whereas, Plaintiff Curtis E. Harris filed a civil rights lawsuit against Kevin G. Clark, and certain other former and/or current employees of the City of Milwaukee; and

Whereas, Representatives of Mr. Harris and the City of Milwaukee mediated the case and have entered into an agreement, to settle the above-referenced lawsuit for the total amount of $3,000,000.00; and

Whereas, The City Attorney recommends that the City of Milwaukee 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 $1,750,000.00, payable to the order of Curtis E. Harris Irrevocable Special Needs Trust, and a second check for the amount of $1,250,000.00, made payable to the order of Hupy and Abraham, S.C. Trust Account, as soon as practicable, in full and final settlement of this lawsuit, said amounts to be charged to the Damages and Claims Fund, Account No. 0001-1490-S118-006300; and, be it

Further Resolved, That the funding of the settlement amount will be authorized by a resolution contemporaneously approved by the Common Council; and that the proper City officers are authorized to make the necessary transfers to the appropriate accounts or funds to dispense the settlement amount; and, be it

Further Resolved, that for and in consideration of the above-referenced payments, Mr. Harris will provide to the City a release of any and all claims arising out of or in any way related to this incident and a stipulation and proposed order for dismissal of the pending court action.

Requestor
City Attorney
Drafter
SEL:enm
Sept...

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