Deal near on Hamilton case
Tentative pact calls for city to pay $2.3 million
The City of Milwaukee has reached a tentative $2.3 million settlement with the family of Dontre Hamilton, who was shot and killed by a Milwaukee police officer three years ago in Red Arrow Park.
The possible settlement was made public Tuesday when a resolution authorizing it was assigned to the city’s Judiciary and Legislation Committee. The settlement must be approved by the committee, the full Common Council and Mayor Tom Barrett.
“The parties have been in negotiations and have reached a tentative agreement at that amount, but we will not be making further comments un- til after the proposed settlement is approved,” said Jonathan Safran, one of the attorneys for the Hamilton family, when reached late Tuesday.
Patrick Curley, Barrett’s chief of staff, said the mayor had been briefed but could not comment due to ongoing negotiations.
About a year ago, Hamilton’s family filed a federal civil rights lawsuit against the city over his death. Last month, a federal judge ruled in the family’s favor on one of their claims, that now-fired officer Christopher Manney violated Hamilton’s constitutional rights when he conducted a pat-down after confronting him.
The city appealed that ruling to the 7th Circuit Court of Appeals, and the proceedings were put on hold until the Appeals Court made a decision.
The proposed settlement comes three months after the Common Council approved paying $2.5 million to a woman raped by a Milwaukee police officer in 2010. The rape occurred after the officer responded to her 911 call. The officer was fired and is serving a 24-year federal prison term.
The incident that resulted in Hamilton’s death began when workers at the nearby Starbucks called police to complain that he was sleeping in the park on April 30, 2014. A pair of officers had twice checked on him earlier and found he was doing nothing wrong.
Manney, the beat officer in the area, unaware of the other officers’ actions, retrieved a voicemail about Hamilton and went to the park. He approached Hamilton, who was lying on the ground. The officer asked him to stand.
Manney came up behind Hamilton, placing his hands under Hamilton’s arms and on his chest in what Milwaukee Police Chief Edward Flynn later described as an “out of policy pat-down.” In the confrontation that unfolded after the pat-down, Hamilton got control of Manney’s baton and Manney shot Hamilton 14 times.
Six months after the shooting, Flynn fired Manney, saying he did not follow his training about how to deal with emotionally disturbed people and engaged in an improper patdown. Flynn made it clear he was not firing Manney because of his use of force.
State and federal prosecutors did not charge Manney criminally in the shooting death.
Manney appealed his firing to the city’s Fire and Police Commission. After a five-day hearing that resembled a trial, a panel of three commissioners upheld Flynn’s decision. The former officer then appealed the commission’s decision to Milwaukee County Circuit Court, where a judge agreed with the commission.
Manney retired with duty disability, a claim he filed two days before he was fired. The status entitles Manney to about 75% of his former salary, taxfree.
Less than two weeks ago, the Hamilton family marked the anniversary of the shooting with Dontre Day, an annual event to bring people together.
“The day is not just to acknowledge Dontre, but the community who fought, cried and endured with us,” Hamilton’s brother, Nate Hamilton, said at the rally.