The federal civil rights lawsuit filed by the family of Michael E. Bell, regarding his 2004 death in a police shooting, against Kenosha Police officers and the city of Kenosha, ended with a $1.75 million settlement.

City and Kenosha Police officials have stated this week that they did not choose to settle and said they stood by the officers in this matter.

So why did the city approve the settlement? And what does this settlement mean for Kenosha taxpayers?

Kenosha Mayor Keith Bosman and City Attorney Ed Antaramian explained how the resolution of this suit came to be.

Q: What is the background of the suit?

A: Michael E. Bell, 21, was pulled over for a traffic stop on Nov. 9, 2004, by Kenosha Police officers. Bell allegedly ran from officers and resisted arrest and was shot and killed by officers during the incident.

Bell’s family filed a federal civil rights lawsuit, claiming that Michael E. Bell’s civil rights were violated during the incident, 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. The suit was filed one year after Michael E. Bell’s death. The Kenosha Police Department was dropped from the suit last November.

Q: How did the discussions on a settlement begin?

A: Last month, Federal Judge Charles N. Clevert, indicated he would not hear the case and sent both sides to mediation with retired Wisconsin Supreme Court Justice Janine Geske, Bosman said.

Q: Who drew up the terms of the settlement?

A: Attorneys and insurance companies for both sides determined the $1.75 million settlement. City and police officials have said they did not agree with reaching a settlement, but the City Council unanimously approved the arrangement on Monday, which was the deadline for approving the proposed settlement.

“The insurance companies made the settlement to protect themselves,” Bosman said. “They did not want to be faced with the uncertainty of the jury trial.”

Q: If the city did not agree with settling, why did they approve the deal?

A: Turning it down would have had its own consequences.

Antaramian said not approving the settlement would have left the city open to cover any amount the jury awarded the Bell family above the proposed $1.75 million settlement.

If the Bell family was awarded any money at all by a jury, the city would have been responsible for their attorney’s fees and also the fees for the Bell family’s attorneys, a figure Bosman estimated as being between $1 million and $2 million. That money would have come directly from the city and not from the insurance company.

“It would have been fiscally irresponsible to have withheld consent to the settlement,” Antaramian said. “The taxpayer would have been exposed significantly.”

Q: How much money is the city responsible for in this case?

A: $125,000.

Antaramian said the city’s contract with Cities and Villages Mutual Insurance Company calls for the city to be liable for up to $125,000 in a suit or claim. The insurance company is responsible for all costs more than $125,000 up to $2 million. The city’s other insurer is responsible for costs over $2 million up to $10 million. The city is then responsible again for all costs over $10 million.

Q: Does the city pay $125,000 directly to the Bell family?

A. No.

The city is responsible for the first $125,000 used during the course of this suit. That figure was reached, solely in defense fees, by 2005 or 2006. No money will go directly from the city to the Bell family.

“The city has not paid a penny in this case to the Bell family and the city will not pay a penny to the Bell family,” Antaramian said.

Q: Will that $125,000 affect the city’s budget?

A: Not this year.

The defense costs were part of the 2005 and 2006 budgets, but have no effect on the city’s budget this year. The city’s 2010 budget will see no direct effect from the settlement of this suit.

Q: How much total was spent, between the city and its insurance company, on the city’s defense in this case?

A. Bosman estimated more than $800,000 since 2005.

Q: Will the city’s insurance rates go up?

A: No, according to Bosman.

“Our deductible was eaten up years ago,” Bosman said. “We get dividend checks from CVMIC because the money we pay is interest-bearing. This will not affect our liability costs at all.”