Experienced Municipal Defense Attorneys

When Wisconsin municipalities, including counties, cities, villages and townships, are sued, they need assertive and knowledgeable defense representation for prompt, effective and comprehensive dispute resolution. We only represent municipalities and their insurers in these claims, so you can be sure that our team is working for your best interests and those of similarly situated governmental entities.

As experienced trial lawyers familiar with the regulatory, statutory and procedural framework involved in municipal litigation, our municipal litigation defense attorneys at Kramer Shull Reeths LLP have the resources, knowledge and experience that governmental entities and their agencies need. They defend a wide variety of municipal claims, including those involving tort and negligence claims, civil rights violations, employment discrimination and wrongful discharge claims, and open meetings and public records disputes.

Defense In Torts, Civil Rights Claims And Compliance Issues

Our municipal defense lawyers work hard to provide pragmatic and cost-effective solutions for a wide range of legal disputes. They have built a strong reputation across the state as experienced trial lawyers who provide high-quality defense counsel to municipalities and their agencies in the following areas:

• Auto accident claims: Our lawyers handle claims involving squad cars, ambulances, fire trucks, snow plows, buses and other municipal vehicles.
• General negligence and excessive force claims: Our attorneys represent municipalities in claims involving wrongful arrest, emergency response, negligent supervision, improper maintenance of sidewalks and roadways, and tort claims against law enforcement and safety professionals.
• Constitutional and civil rights claims: Our lawyers handle Section 1983 and constitutional claims (wrongful arrest, excessive force, freedom of speech, due process, etc.), and employment claims (wrongful discharge, discrimination, harassment, etc.).
• Open meetings and public records compliance: Our team can help with open government disputes, including compliance errors, Freedom of Information Act issues and open meeting notice violations.

As skilled negotiators and experienced litigators, our lawyers provide strategic advocacy and have a proven record of results. They have exceptional legal research and writing skills and an extensive record of winning motions for summary judgment and appeals.

FAQ Regarding Municipal Defense Litigation

Below are answers to questions our team often hears from our clients.

What immunities and liability limits protect Wisconsin municipalities and their employees?

Certain immunities and liability limits under state law protect Wisconsin municipalities and their employees. Here are some key aspects:

• Governmental immunity: Wisconsin municipalities have general protections through governmental immunity. This type of immunity can shield them from liability for acts performed within their governmental functions. 
• Discretionary acts immunity: Municipalities and their employees are typically immune from liability for discretionary acts. These acts usually involve judgment or discretion in carrying out governmental functions, as opposed to ministerial acts, which are specific duties that government workers must perform in a prescribed manner.
• Liability caps: There are statutory caps on the damages that people can collect against municipalities and their employees. The cap is generally $50,000 for claims against a governmental body or officer.
• Notice of claim requirement: Before suing a municipality, claimants must provide notice of the claim, detailing the circumstances and the relief sought, within about four months of the event that initiated the claim. This requirement is crucial for maintaining a lawsuit against a municipality.
• Exceptions to immunity: Immunity does not apply in certain situations, such as when a municipality’s actions are willful or intentionally harmful, or involve a failure to perform a ministerial duty.

If you are a Wisconsin government entity or employee facing a legal claim, our team can help you understand your rights and duties while facing these lawsuits so you can maneuver them with confidence.

How should a municipality respond to a notice of claim under Wisconsin law?

When a Wisconsin municipality receives a lawsuit notice, it’s essential to follow specific procedures to comply with legal requirements and prepare for possible litigation. To respond, be sure to take the following steps:

1. Acknowledge the receipt: Doing so can help maintain clear communication and demonstrate your municipality’s attention to the dispute.
2. Review the claim: Carefully review the details of the claim, including the facts it presents, the nature of the alleged incident, and the relief the claimant is seeking.
3. Consult with a municipal defense lawyer: Our attorneys can provide guidance on how to respond, examine the validity of the claim made against the municipality, and work with you to find a tailored and appropriate defense strategy.
4. Investigate the claim: Conduct a thorough investigation into the circumstances surrounding the claim. This can involve gathering documents, interviewing witnesses/experts, and reviewing relevant policies or procedures.
5. Assess liability and exposure: Determine how liable and financially responsible the municipality could be in this lawsuit. Assessing this can help you decide whether to settle the claim or prepare for possible litigation.
6. Respond appropriately: Provide a formal response to the claimant within the statutory time frame, which is usually 120 days, indicating whether the claim is accepted or denied, or requires further investigation.
7. Gather and maintain records: Keep detailed records of all communications, investigations and decisions related to the claim. This documentation can be crucial when defending against the claim if it proceeds to a court trial.
8. Consider settlement options: If liability is clear and the claim is reasonable, consider negotiating a settlement to avoid the costs and uncertainties of litigation.
9. Prepare for litigation: If parties cannot resolve the claim through settlement, prepare for possible litigation by working closely with legal counsel to develop a defense strategy.

By following these steps, you can manage a notice of claim against a municipality and fight to protect its interests under Wisconsin law.

What are common defenses to civil rights claims (42 U.S.C. § 1983) against local governments?

In defending against civil rights claims under 42 U.S.C. § 1983, local governments can employ several common defenses, including the following:

• Lack of municipal policy or custom: To hold a local government liable under § 1983, plaintiffs must demonstrate that the violation of rights was due to an official policy, custom or practice of the municipality. A common defense against these allegations is that a rights violation did not result from any such policy or custom.
• Qualified immunity: This defense is more commonly applicable to individual government officials. However, qualified immunity can also be relevant if a claim involves actions by individuals acting on behalf of the municipality. Qualified immunity can shield government officials from liability unless they’re found guilty of violating well-known and clearly established constitutional rights.
• No constitutional violation: Another fundamental defense is that there was no constitutional violation. A municipality may argue that it did not violate the constitutional rights of the plaintiff or that its actions were lawful or justifiable under the circumstances.
• Absence of causation: A municipality may argue that its actions were not responsible for the alleged injury. If the plaintiff can’t establish a direct link between the municipal policy or custom and the constitutional violation, then they may not have a case.
• Statute of limitations: A municipality may state that a plaintiff’s claim is barred by an applicable statute of limitations, which requires plaintiffs to file a claim within a specific period after an alleged violation occurs. The particular time period that applies can depend on the violation that a claimant is suing over. 
• Failure to state a claim: A municipality might contend that a plaintiff’s complaint does not state sufficient facts to pursue a lawsuit.
• Official capacity vs. personal capacity: Defenses may differ based on whether the suit is against officials in their personal or official capacities. Official capacity lawsuits are against the government entity itself, while personal capacity suits typically target the actions of an individual.

Each defense strategy can depend on the specific facts and circumstances of the case.

Professional, Efficient And Effective

Our attorneys understand that there is more to municipal defense than simply winning a lawsuit. Efficiency, confidentiality and discretion are also important elements. Our lawyers have the skill and knowledge necessary to obtain prompt, favorable resolutions. At Kramer Shull Reeths LLP, we provide dedicated counselors who recognize the unique concerns and challenges that municipalities and their agencies face.

Call Us Today

Call us at 715-203-4534 or contact us online to schedule a consultation with one of our municipal defense lawyers.