“Notice of Injury” filed in officer-involved shooting of Dontre Hamilton; his family meets with Chief Flynn

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MILWAUKEE (WITI) — Jonathan Safran, the attorney for the family of Dontre Hamilton, the 31-year-old man who was shot and killed by a Milwaukee police officer inside Red Arrow Park in downtown Milwaukee in April has filed a “Notice of Injury” with the city of Milwaukee’s Clerk’s Office. The Notice of Injury document — filed on Tuesday, August 26th, is said to be a precursor to a lawsuit — giving rise to a future claim for relief, in the form of monetary damages to be paid to the Hamilton family.

Dontre Hamilton

Dontre Hamilton

Milwaukee police have said the police officer shot and killed Hamilton after Hamilton took the officer’s baton and beat him with it.

The “Notice of Injury” says Dontre Hamilton was “legally sleeping” inside Red Arrow Park on the afternoon of April 30th. The document says two Milwaukee police officers visited Hamilton twice (after they received complaints) and determined Hamilton wasn’t doing anything wrong, or bothering anyone.

The document says a third officer came to Red Arrow Park although there were no further complaints or evidence that Hamilton was bothering anyone or doing anything wrong.

The document says this officer decided to wake Hamilton using his wooden baton — and the officer searched Hamilton “for no legally justifiable purpose” — which caused a confrontation and allegedly, a struggle — culminating in this third officer shooting Hamilton 14 times, and emptying the clip of his police-issued firearm, resulting in Hamilton’s death.

The document alleges this action was done “in an inappropriate, unwarranted and unconstitutional manner.”

The document claims as a result of this officer’s actions, Hamilton “sustained serious emotional injuries, including fear and conscious pain and suffering.” The document says Hamilton sustained serious physical injuries due to him being shot 14 times, culminating in his death “resulting from the confrontation, struggle and police shooting.”

The document alleges the action of the police officer who shot and killed Hamilton was “negligent, intentionally inappropriate, unwarranted, excessive, improper and unconstitutional.”

The document also accuses the Milwaukee Police Department of: “failing to properly hire and do adequate psychological screening of its police officers,” “failing to adequately train, supervise and control its police officers,” “failing to provide sufficient and thorough CIT (Crisis Intervention Team) training to police officers,” “failing to adequately punish and discipline prior instances of similar conduct by police officers,” “allowing a police force that promotes cavalier attitudes in conduct, leading to a belief that police actions will never be scrutinized and/or prosecuted,” and “encouraging misplaced loyalties and a Code of Silence among police officers in refusing to report unlawful actions by police officers,” and “refusing to cooperate with officials investigating unlawful actions by police officers.”

The document says Hamilton’s death was a result of the “negligence on the part of the city of Milwaukee and the Milwaukee Police Department” in allowing the police officer to be hired and to remain employed — “knowing that his being hired and remaining a police officer would involve unreasonable risk of harm to others.”

The document calls the actions of the police officer in shooting Hamilton to be “unreasonable,” and “undertaken intentionally, with malice” — with “reckless indifference” to Hamilton’s rights.

The document says as a result of his death, Hamilton’s family has incurred funeral and burial expenses, and losses due to his loss of income and loss of future earnings.

We have also learned on Tuesday — Safran and the Hamilton family had the opportunity to meet with Milwaukee Police Chief Ed Flynn and two other members of the Milwaukee Police Department’s Command Staff.

Safran says the Milwaukee Police Department has agreed to review its statements and information disclosed about the case to determine whether incorrect information was provided about Hamilton.

Safran says the Milwaukee Police Department continues to remain unwilling to release the name of the officer who shot and killed Hamilton, and any information regarding injuries he alleges to have suffered during his interaction with Hamilton on April 30th.

Safran says Hamilton’s family is waiting to see whether the Milwaukee County District Attorney’s Office charges the officer involved in Hamilton’s death before they file a formal lawsuit.

READ IT: Notice of Injury filed with city of Milwaukee in Dontre Hamilton officer-involved shooting case

CLICK HERE for a collection of coverage on the officer-involved shooting of Dontre Hamilton, via FOX6Now.com.

28 comments

  • diane

    He wasn’t working..look at wisconsin circuit court access…he had a string of small claims…he never paid his rent..anyone owed money should have claim to anything if that is ever what rhe court decides….I never knew you could sleep in a park..isnt that camping..or..loitering. .. the family did nothing for him while he slept in the park and didnt take meds….where did he bath e…where did he go to the bathroom…brush his teeth…the family isnt owed anything. ..he is more valuable now that he is dead… they should not profit from his mental illness they are exploiting the situation to their own gain….

  • JokeEnthusiast

    Diane,

    You’re one callous individual. Checking Wisconsin Circuit Court Access and the facts presented in the article tells me one thing: the man was poor. What are you implying? That anyone that is poor or “wasn’t working” deserves to be killed by the police?

    I love how much you care about “anyone owed money”, but not about the family of this man. Do you actually think before you type or are you actually this evil?

    I ask that you think about this man as if he were your brother or father or husband. Or at the very least, a fellow human being who is no longer with us.

    Until you do that and actually reflect on what you just typed on this website, I feel ashamed to be considered as the same species as you.

    • smith

      Hamilton is a dead thug because of his actions. His so called family r trying to get a payday because of his death, just animals.

    • Sigh

      Please. If an officer has reasonable suspicion, he is allowed to search you. You don’t have to consent to the search, but you definitely don’t go beating the officer. 14 times seems excessive – until you realize that a human being on PCP or enraged from confrontation can still be a threat despite multiple shots. This isn’t Hollywood, people don’t just go limp in a few seconds after being shot in the gut or chest. I give the officer the benefit of the doubt, especially since he was without a partner for aid. I sleep at night knowing there’s one less violent person in this country. This family is just exploiting the Ferguson media hype to gain some monetary pay out. Loss of income and future income? Really? If they truly cared about him, he wouldn’t have been off his meds and passed out in a park. If this State gives one tax dollar to this poor excuse for a mother, I lost all hope for this country. Most likely, the department will settle outside of court b/c all the family wants is other people’s money and for the world to feel sorry for them – maybe even sell seme “Remember Hamilton” shirts on Amazon, maybe a book deal on the struggle of being the mother of a thug in the USA. Rant over.

    • Jagdpanther

      It’s funny how the liars always neglect to address the part about him grabbing the officer’s baton and attacking him. It’s always: he was poor, he had mental issues, he didn’t deserve to die, or he was a gentle giant, blah blah blah. It’s never about the facts: he attacked a cop.

    • Mike Johnson

      he didnt deserve to be killed because he wasnt working but the precursor to the lawsuit states his loss of income and future income.. if he was homeless and not working he apparently had no income. i dont know what happened that day but to put 14 bullets in someone is outrageous.

      • 2econd

        yea, and you weren’t there in the situation. pretty easy to look at a situation in hindsight and say you would have done it differently, especially when your probably a florist by trade…

    • 2econd

      “The document says as a result of his death, Hamilton’s family has incurred funeral and burial expenses, and losses due to his loss of income and loss of future earnings” if you would actually read the article, this is what was being referred to by Diane. What Diane is saying is the family is using the situation for nothing more than financial gain. Maybe you should consider, as a fellow human being, about that officer who shot him, maybe HE is a father, husband, son etc. so he should have let himself get beat until death? so joke, what your saying is some thug can come up and beat you and you will do nothing? I think not.

  • sammy

    Dear the late mr hamilton you r dead because of your actions. For everyone who is not mr hamilton if the police r talking to u because u r sleeping in the park then u take the cops batton and hit the cop with it, well it might not end well for u.

    • danielle

      Well if the article rings true and the worst this gentleman was doing was sleeping. Yes, this officer is in the wrong!! He had no business poking him with a baton. All he had to do was wake him up nicely and talk to him. My question is why were people complaining because he was sleeping??? Not all blacks are bad or commit crimes!!! Also, the family should be able to sue because they wrongfully lost a son and brother…for what??? For sleeping in the park!!! Really?? And those who called the police for nonsense should be ashamed of themselves!!! They in reality caused this man’s death!!!

  • diane

    UNTIL the black community addresses their culture of being entitled…they will remain a broken pathetic..dysfunctional..part of society…I came from a poor white family were we worked hard..and never expected to do it any other way..no welfare. .too proud for that…no one owes any one anything. ..obey the comment laws..take care of yourself dont have kids if you cant support them..that isnt societies problem. ..if you are a felon..dont think life will be easy you just cut your chance of opportunity..by way more than half….I worked three jobs raised my kids..and never once took a handout of any type. .none of my kids ever have been in trouble with the law..we are hard working law abiding God fearing people….old fashioned…and proud of it…I have no sympathy for people that walk around expecting life to be easy and for someone else to foot the bill

  • opinin8d

    Well said Diane!!! Totally spot on! What’s happening in America is scary right now. The fact that people believe a thug over a police officer, and worse, that the media pushes those stories is horrible. Why should the rest of the society be brought down to accommodate their inability to act civilized. Sadly, they could become the majority…..

  • Rick

    I would like to know why the black community is supporting a criminal? This bum deserved what he got! You want to do something good, SUPPORT the people in your community that are doing GOOD!!!!!!!!

  • diane

    Well if the family gets any funds from the city…both dontre and his mom..have a bunch of claims..they can make good on….

  • diane

    Also appears at one point in time mom.had some action af against her son…relationship wasn’t as rosey.as the family makes it seems perhaps..and yes this is all available as public information. …

Comments are closed.