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File #: 221680    Version: 0
Type: Resolution Status: Passed
File created: 2/28/2023 In control: COMMON COUNCIL
On agenda: Final action: 3/21/2023
Effective date:    
Title: Resolution approving the settlement of the Complaint entitled Derrick Wilson v. Fawn Schwandt, et. al. U.S.D.C. Case No. 20-CV-00699 in the amount of $13,500.
Sponsors: THE CHAIR
Indexes: SUITS PAYMENT, SUITS SETTLEMENT
Attachments: 1. Wilson - Common Council Payee Letter.pdf, 2. Wilson - Fiscal Impact Statement.pdf

Number

221680

Version

Original

Reference

 

Sponsor

THE CHAIR

Title

Resolution approving the settlement of the Complaint entitled Derrick Wilson v. Fawn Schwandt, et. al. U.S.D.C. Case No. 20-CV-00699 in the amount of $13,500.

Analysis

This resolution authorizes settlement of claims raised by the Complainant Derrick M. Wilson in the Complaint entitled Derrick Wilson v. Fawn Schwandt, et. al. U.S.D.C. Case No. 20-CV-00699 in the amount of $13,500.

Body

Whereas, Complainant Derrick M. Wilson filed a complaint in Federal Court for the Eastern District of Wisconsin under 42 U.S. Code § 1983, U.S.D.C. Case No. 20-CV-00699, against four Milwaukee Police Detectives, Detectives Schlacter, Alvarado, Alles and Sheehan, alleging 4th Amendment violations for an illegal search of his mother’s home and of his personal cellphone; and

 

Whereas, the parties have agreed to settle the claims raised in the above-referenced Complaint for the total amount of $13,500, 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 Derrick Wilson v. Fawn Schwandt, et. al., U.S.D.C. Case No. 20-CV-00699 for the amount of $13,500; and be it

 

Further Resolved, That in compliance with the City Attorney’s direction, the proper City officers be and hereby are authorized and directed to issue City a check, as soon as practicable in full and final settlement of the claims as outlined in the above-referenced action, to be charged as follows: to the Damages and Claims Fund, Account No. 0001-1490-S118-006300, in the amount of $13,500.00 as damages, made payable to Derrick Wilson #487391 Racine Correctional Institution 2019 Wisconsin St. P.O. Box 900 Sturtevant, WI 53177-0900; and be it

 

Further Resolved, That for and in consideration of this payment, the Complainant, will provide to the City a release of claims, and a stipulation and proposed order to dismiss the claims raised in any pending action.

 

Requestor

City Attorney

Drafter

ACA Christopher Jackson

February 21, 2023

 

1032-2020-1213:283752