Bruce Vielmetti, Milwaukee Journal Sentinel
Lawyers for Sterling Brown, the Milwaukee Bucks player police stunned with a Taser in a Walgreens parking lot last year, asked a judge Tuesday to throw out the city's offer to settle his false arrest case for $400,000, calling it a bad faith abuse of the litigation process.
Under federal court rules, if Brown were to win damages less than $400,000 at trial, he would be on the hook for the city's legal fees and costs — expenses Brown's attorney says the city has purposely inflated as leverage to persuade Brown to take the offer.
Attorney Mark Thomsen said the offer is particularly insulting because, he asserts, discovery in the case has clearly shown the city knew from the get-go that officers had acted improperly and violated Brown's rights.
"Defendants should never be rewarded for asserting meritless defenses while boldly inflating a Plaintiff’s litigations costs and fees, only to try to take advantage of serving an offer of judgment that Plaintiff could never accept in true conscience," the motion reads.