Milwaukee council approves $750,000 settlement with former Bucks player Sterling Brown in police misconduct lawsuit

A $750,000 proposed settlement in a police misconduct lawsuit brought by former Milwaukee Bucks player Sterling Brown gained approval of the Milwaukee Common Council Tuesday, nearly three years after the lawsuit was filed.

"With this settlement the city turns a page and embraces the 21st century, where we will insist on recognizing citizens’ rights, human rights and developing a police force of peace officers to work with the community to better our city," said Brown's attorney, Mark Thomsen. "And the payment of the $750,000 recognizes the value of individuals’ civil rights and in particular young African American men, who have been for too long mistreated and had their civil rights violated without any real oversight."

Brown played three seasons in Milwaukee from 2017 to 2020 before signing with the Houston Rockets as a free agent in November 2020.

Ald. Mark Borkowski abstained while the other 14 Common Council members approved the settlement.

Mayor Tom Barrett will sign the legislation, according to a spokesman.

"The Mayor is glad the issue is resolved," spokesman Jeff Fleming said in an email. "The settlement agreement includes a number of reasonable and appropriate provisions. Importantly, the policy and rule changes will help improve policing in Milwaukee and directly incorporate anti-racism provisions."

Thomsen signed the settlement in March on Brown's behalf.

City Attorney Tearman Spencer said he was glad to have the matter resolved and that the city would work with all parties to ensure it complies with the agreement.

In addition to the $750,000, the settlement also requires the city to commit to changes to the Milwaukee Police Department's standard operating procedures. They include changes on fair and impartial policing; training and career development; citizen contacts, field interviews and search and seizure; arrest authority; personnel investigations; use of force; and body cameras.

It does not include an admission that Brown's constitutional rights were violated in 2018, when Milwaukee police took Brown to the ground, tasered him and arrested him in an encounter that started with a parking violation at a Walgreens. Police body camera footage showed Brown staying calm and polite as the officers became increasingly confrontational. Brown was not charged.

The incident prompted an internal investigation that ended with several officers suspended and others retrained.

Instead, the settlement includes an apology from the city and Milwaukee police that "recognizes that the incident escalated in an unnecessary manner and despite Mr. Brown’s calm behavior."

Thomsen said in 2019, after the Common Council had approved a $400,000 settlement offer, that he did not anticipate a settlement moving forward without an admission that Brown's civil rights were violated. He also criticized the amount offered, saying it undervalued the insult inflicted on Brown.

Thomsen said Tuesday that he and Brown did not know why the admission of a constitutional violation was removed from the agreement but that changes to the Police Department's standard operating procedures were more important than the admission.

Spencer said he could not speak to why the admission was removed. He declined to say why the amount of the settlement had increased.

The lower sum had been proposed under former City Attorney Grant Langley, who lost the city attorney's race last year to Spencer.

Thomsen said Spencer has brought a fresh perspective to the City Attorney's Office on race in Milwaukee and "how we have to become anti-racist."

He also said there had been discussions with Langley in which a joint statement issued as part of the settlement had been largely outlined.

A joint statement between the city and Brown lists six steps the city has taken or will take, including rescinding its claim in court that Brown's injuries were caused by his own actions and implementing a "discipline matrix" to "ensure meaningful, certain, and reasonable consequences for violations of MPD Standard Operating Procedures."

Much of the council's settlement discussions have taken place in closed session.

The legislation was held twice in the Judiciary and Legislation Committee since it was introduced in November. The committee last week unanimously recommended it for adoption.

Thomsen called Tuesday's vote "historic in many senses."

"The city’s commitment to embrace anti-racist policing policy is at the core of Mr. Brown’s demands from the outset," Thomsen said. "Mr. Brown had always said he wanted to be a voice for the voiceless, and with the adoption of this settlement and its implementation at the ground level, the hope is that conduct like the officers' in this case that was racist and excessive force will end and community relations can begin to heal."

Brown is averaging a career-high 8.2 points and 4.4 rebounds for Houston this season, while also shooting a career-high 44.8% from the field. Brown was originally drafted by the Philadelphia 76ers in the second round of the 2017 NBA draft and traded to the Bucks one month later ahead of his rookie season in 2017-18.

Contact Alison Dirr at 4adirr@jrn.com. Follow her on Twitter @AlisonDirr.

This article originally appeared on Milwaukee Journal Sentinel: Sterling Brown lawsuit: Milwaukee council OKs $750,000 settlement