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BY MATTHEW OLSON
molson@kenoshanews.com

A federal lawsuit filed by the family of Michael E. Bell, regarding his 2004 death after being shot by Kenosha Police officers, is near settlement after City Council approval.

The Kenosha City Council voted Monday night to accept the proposed settlement between Bell’s family and the city regarding Bell’s death on Nov. 9, 2004.

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Bell, 21, was shot and killed by Kenosha Police officers that night while allegedly fleeing and resisting officers after a traffic stop.

No details of the settlement were released Monday.

Michael M. Bell, Michael E. Bell’s father, said Monday he had no comment on the settlement. Assistant Kenosha Police Chief Thomas Genthner also said Monday that the department did not have a statement. Attorneys for the Bell family and the city could not be reached for comment.

Kenosha Mayor Keith Bosman said terms of the agreement would not be official until final papers were signed by both sides, which could happen today.

“I’m happy that it’s over,” Bosman said.

Family sought $200,000

The Bell family filed a claim against the city, alleging negligence, in February 2005, asking for $200,000 in compensation. An individual can seek only $50,000 in such a claim, but the Bell claim sought $50,000 for each member of the family.

Bell’s family — father Michael M. Bell, mother Kim Bell and sister Shantae Bell — filed the federal civil rights lawsuit against Kenosha Police officers Erich R. Strausbaugh, Erich S. Weidner and Albert B. Gonzalez, Police Lt. David H. Kreuger, the Kenosha Police Department and the city of Kenosha one year after Michael E. Bell’s death.

The suit claimed Bell’s Fourth and 14th Amendment rights were violated by Kenosha Police officers. The Fourth Amendment guarantees protection from unlawful search and seizure, including the use of force, while the 14th Amendment ensures rights for the equal application of law, including protection from force.

An investigation into Bell’s death ruled that officers’ actions were justified. Bell’s family has argued that police made an illegal traffic stop and then exerted excessive force.

The trial for the civil case was scheduled to begin between April 5 and 10 and last 10 days. A final pre-trial hearing was set for March 24.

The last activity listed in court records was the Kenosha Police Department being dropped as a defendant in November.