LANGLEY MULLS D'AMATO DEFENSE

Bernie, Dennis, Mike and Jill Bondar are listed as the plaintiffs in a lawsuit against Alderman Michael D'Amato filed January 23rd in U.S. District Court. They are suing D'Amato "in his individual capacity," according to the complaint drawn by Madison attorney Paul A. Kinne in a civil action to "redress the retaliatory treatment of plaintiffs by Defendant D'Amato."
Since he is being sued in his "individual capacity," I wondered if this might be a tactic to force D'Amato to hire his own attorney.
If it was the tactic, it might not work.
"Don't put too much emphasis on the 'individual capacity,' as it is a 'term of art,'" said City Attorney Grant Langley who added that he is looking into representing D'Amato.
A "term of art," I learned, is a legal expression for something that has a precise meaning in a particular subject area.
Langley says D'Amato has not yet been formally served with a summons and complaint in the matter, but the city attorney says he has glanced through the complaint and notes the document also states "all of D'Amato's actions described in this complaint were taken within the scope of his employment and under color of state law," which, to this layman, would seem reasonable justification for Langley's involvement in the case.
Langley already represents D'Amato in another federal Racketeer Influenced Corrupt Organization (RICO) civil suit in which the alderman is one of a number of parties named by plaintiff Joseph Kaye. At issue in both cases is the East Village Neighborhood Conservation Overlay District championed by D'Amato and opposed by the Bondar family which owns a dozen properties in the neighborhood. The brothers also own and operate Wolski's tavern.
Langley said he would make a decision whether to represent D'Amato "very soon."
--Michael Horne