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File #: 110554    Version: 0
Type: Resolution Status: Passed
File created: 9/1/2011 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 9/20/2011
Effective date:    
Title: Resolution to approve the settlement agreement in the matter of Bernson v. City of Milwaukee and Kurt Kezeske.
Sponsors: THE CHAIR
Indexes: AGREEMENTS, SUITS PAYMENT, SUITS SETTLEMENT
Attachments: 1. Cover Letter.pdf, 2. Fiscal Impact Statement.pdf, 3. Settlement Agreement.pdf, 4. Hearing Notice List
Number
110554
Version
ORIGINAL
Reference

Sponsor
THE CHAIR
Title
Resolution to approve the settlement agreement in the matter of Bernson v. City of Milwaukee and Kurt Kezeske.
Analysis
This resolution authorizes settlement of litigation pending in the United States District Court for the Eastern District of Wisconsin, Bernson v. City of Milwaukee and Kurt Kezeske, U.S.D.C. Case No. 10C00009 (a/k/a Wisconsin Carry, et al v. City of Milwaukee, et al) in the amount of Six Thousand Five Hundred and no/100 Dollars ($6,500) for all damages of any nature, including compensatory and punitive damages, or other economic damages, attorneys fees and costs, and any other claim for damages that could be brought concerning the subject matter of the litigation.
Body
Whereas, Wisconsin Carry, Inc., and David Bernson filed a complaint in the United States District Court for the Eastern District of Wisconsin, alleging among other things that Mr. Bernson’s constitutional rights had been violated by application of the Wisconsin Gun Free School Zone Act; and

Whereas, The parties have agreed to settle this lawsuit in the amount of Six Thousand Five Hundred and no/100 Dollars ($6,500), for all damages, attorney fees, costs, compensatory damages, punitive damages and any other claims for damages of any nature that could have been brought, as set for the in the attached proposed Settlement Agreement and General Release; now, therefore be it

Resolved, By the Common Council of the City of Milwaukee that the City Attorney be and hereby is authorized to execute the attached Settlement Agreement and General Release, and such further documents as may be necessary and related thereto; and, be it

Further Resolved, By the Common Council of the City of Milwaukee that upon execution of the general release by plaintiff, as approved by the City Attorney, the proper City officers be and hereby are authorized and directed to issue a City check as follows: $6,500 to the trust account of At...

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