City Attorney’s Office Pleads for More Money for Police Litigation, Finance and Personnel Committee Accepts

The city is spending over $120,000 for outside lawyers every month to defend the city against police-related litigation, funds it anticipated would last a few months but now thinks will continue for the year, aldermen were told at a Finance and Personnel Committee meeting.

The Finance and Personnel Committee adopted an overall Contingent Fund Request for $1,175,000 to be transferred for expenditures related to police litigation at the meeting in May. The request included $850,000 to be added to the Outside Counsel/Expert Witness Fund alone. This week, the Common Council approved the expenditure with little discussion.

It was obvious the issue was going to be a hot point in the seemingly standard meeting agenda. Before the meeting started, it was announced the schedule would be adjusted, moving the point from number 11, to number three on the agenda.

The request came from the City Attorney’s Office, whose staff cited an unexpected increase in volume of police litigation that one compared to the Cryptosporidium outbreak. After Assistant City Attorney Miriam Horowitz mentioned that the City Attorney’s Office might want to increase staff to keep up with the demand, Alderman Nik Kovac pointed out that they were one of the only departments that has been able to add staff over the last two decades.

“I certainly wouldn’t want a staff based on expecting future mistakes in other departments that we’re going to have to deal with,” said Committee Chair Kovac.

The strip and body cavity search incidents dating back to 2012 were said to be the main cause for the boost in funds.

In addition, there was a request for $2 million to be added to the already $12.4 million Police Overtime Fund. That was approved.

Constitutional claims may be brought up to six years after an alleged incident, so there is still some time for possibly more cases within the next few years. One federal case alone related to the searches has 70 complainants, but there are seven or more other lawsuits, some with multiple plaintiffs, said Special Assistant to the City Attorney, Richard Withers told Media Milwaukee in an email.

The outside counsel responsible for helping the City Attorney is the Crivello law firm. Initially, Outside Counsel was budgeted for the first three months of this year, it is expected that it will be necessary for the rest of the year, the committee learned from Horowitz. This is separate from the $1,225,000 originally budgeted for the Damages and Claims Fund, which has taken a few large hits because of the illegal search cases.

Leo Hardy was awarded $506,000 by a jury in August in the first of potentially dozens of civil rights trials relating to searches by the Milwaukee Police Department. Hardy was stopped by police outside his mother’s house in March 2012. It was deemed the officers had no reason to stop and search him and subsequently arrest him for resisting, although the strip search was ruled justified.

The Hardy case was cited by Horowitz as one of the main reasons for the request for another $250,000 to be added to the Damages and Claims Fund.

“In terms of the other kinds of lawsuits coming in regarding police liability,” said Horowitz, “I don’t think there’s been a groundswell.” Horowitz pointed out that the strip search cases are a rare circumstance that they are dealing with, comparing it to the 1993 cryptosporidium outbreak where Outside Counsel was required to help out.

“We are kind of the shepherds for the flock,” said Horowitz, “but we don’t necessarily cause the wolf at the door.”

Assistant Chief James Harpole of MPD was answering questions regarding the request. He was asked about plans for implementation of body cameras for officers, which he said was on “an aggressive two-year deployment plan.”

Discussion became heated when Vice Chair Alderman Joe Dudzik asked Harpole if increasing random patrols by police officers could decrease crime rates in certain neighborhoods. When Harpole failed to give a yes or no answer, Dudzik packed up and left the meeting.