Wednesday, May 10, 2017

City of Milwaukee reaches tentative $2.3 million settlement in Dontre Hamilton case

An article on the settlement can be read here.  Ian Wallach and Jovan Blacknell were Lead Trial Counsel.  Once the settlement is finalized, we will be able to comment.  For now, if this settlement is approved, then everyone wins.  The community will have recognized a very real problem, and recognize the value of human life, and that officers serve the public, and that communities can, and should, exercise their First Amendment rights to demand accountability and equality.  And officers should be comforted as well, knowing that there is healing in the communities they serve.  This will not bring Dontre Hamilton back.  But his legacy will live on and protect others.

Wednesday, April 12, 2017

Federal Court Grants Summary Judgment To Plaintiffs in Dontre Hamilton Red Arrow Park Shooting Case

The Associated Press covered the story (that can be read here).  Today a federal district court not only denied all motions by Defendants City of Milwaukee and Christopher Manney to dismiss the case, but also granted the Plaintiffs' motion for summary judgment on the unreasonable search claim.  The matter now proceeds to trial.   

Monday, March 13, 2017

Ian Wallach Article Featured in March 2017 Federal Lawyer

Ian Wallach's Article "Drafting a Tort Complaint Against the Federal Government and Its Contractors and the Limitations on the Independent Contractor and Discretionary Function Exceptions" (Federal Lawyer, March 2017) was published today describing how to assert tort claims against the USA.  The article can be seen here:

Thursday, December 22, 2016

9th Circuit reinstates District Court Dismissal of Valley Fever Claims Brought By Inmates Against the Private Contractor of a Federal Prison.

The consolidated cases of Aluya, Hammond, and Sutton vs. MTC can be downloaded here.  In the second inmates' valley-fever related decision, the 9th Circuit overruled the lower court's dismissal of the claims of Ian Wallach's clients, acknowledging the validity of these claims.  The decision can be read here.

Tuesday, November 22, 2016

September 22, 2016. Palisadian Post Article Quotes Ian Wallach's Upset With Sentencing Structures.  The article is available here.

Thursday, June 23, 2016

Article by Ian Wallach on inmate’s rights and FTCA claims published on website for California Lawyer magazine – a division of the Daily Journal.

The article -- Federal Tort Claims & The Issue Of Sovereign Immunity, California Lawyer Website, June 22, 2016 can be read here:

The article discusses the 9th Circuit' recent May 20, 2016 Opinion in Edison v. United States, ___ F.3d ___ (9th Cir. 2016), 2016 WL 2946347 (9th Cir.), where the Court enumerated the limits on the application of the "independent contractor" exception in cases where the USA has hired subcontractors to perform governmental duties but retained some responsibilities.