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HomeMy WebLinkAboutACLU Lawsuit SettlementCARNEY BADLEY SPELLMAN Jon A. Payne September 16, 2003 David Goldsmith Deputy County Administrator JEFFERSON COUNTY Jefferson County Courthouse P.O. Box 1220 Port Townsend, WA 98368 Re: Orndorff v. Jefferson County Settlement Agreement (Original) Dear David: LAW OFFICES A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, SUITE 5800 SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 DIRECT LINE (206) 607-4165 Email: payneCa�cameylaw.com Enclosed please find the original Settlement Agreement, which includes the signatures of Shawn Orndorff, Aaron Caplan and David Fathi. In order for the Agreement to be finalized, it also requires the signatures of Sheriff Brasfield and Dan Titterness. Please advise if you would like assistance in presenting or explaining this Settlement Agreement to Mr. Titterness and/or the County Commissioners. Otherwise, please route the Agreement for signature to Mr. Titterness and Sheriff Brasfield, and return the original document to my attention for final execution. As always, if you have any questions, please do no le itate to call. Jon A. Payne JAP:lc Enclosure cc: Ms. Susan Looker Mr. David W. Silke WCR001 0033 6170904 P.S. 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 THE HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA SHAWN ORNDORFF, on behalf of himself and others similarly situated, NO. 02-5096 (RJB) RBL Plaintiff, SETTLEMENT AGREEMENT VS. JEFFERSON COUNTY, PETER PICCINI, CARLA SCHUCK, and STEVE RICHMOND, Defendants. Plaintiff Shawn Omdorff, on behalf of himself and the class of individuals he represents, through attorneys David C. Fathi and Aaron H. Caplan, and Defendants Jefferson County, Mike SETTLEMENT AGREEMENT — 1 CVO2-5096 WCR001 0033 efO64404 9/8M CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SPELLMAN SEATTLE, WA 9810450/7 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Brasfield and Steve Richmond,' through their attorneys David W. Silke and Jon A. Payne, based upon consideration and the mutual promises contained herein, and as a mutual decision to resolve the above -captioned matter without further litigation, hereby agree as follows: 1. The parties hereby agree that the attached Stipulation and Order of Dismissal shall be entered, subject to the approval of the Court and notice to the class members. 2. The parties agree that this Settlement Agreement, together with the Stipulation and Order of Dismissal to which it is attached, are entered to resolve and settle all claims for declaratory relief, injunctive relief, attorneys' fees, and costs, that were set forth in the Complaint that was filed February 25, 2002 under this cause number. 3. This Settlement Agreement shall not be construed as an admission by any party, person, or entity regarding liability or violation of any law by defendants or any other person or entity, and this Settlement Agreement may not be used as evidence in any proceeding other than for the sole and limited purpose of enforcing this Settlement Agreement. The parties enter into this Settlement Agreement for purposes of settling the disputed contentions and controversies arising from this action. The parties stipulate, based upon the entire record, that the relief set forth in this agreement is narrowly drawn, extends no further than necessary to correct violations of federal rights, and is the least intrusive means necessary to correct violations of federal rights. 1 Current Sheriff Mike Brasfield and Jail Superintendent Steve Richmond did not hold these positions at the time of the alleged acts contained in the Complaint. CARNEY LAW OFFICES SETTLEMENT AGREEMENT — 2 BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIF 11 AVENUE, #5800 CV02-5096 SPELLMAN SEAT -ME, WA 99104-5017 FAX (206) 467-8215 TEL(206)622-8020 WCR001 0033 ef064404 9/8/03 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4. Definitions: a. Defendants: Defendants are defined as Jefferson County, the Jefferson County Jail ("Jail'), Mike Brasfield, Steve Richmond, and all of their successors, assigns, commissioners, supervisors, officers, agents, employees, and insurers. b. Plaintiffs: Plaintiffs are defined as Shawn Orndorff and the class of "all persons who are now, or who will in the future be, incarcerated at the Jefferson County Jail," as certified by United States District Court Judge Robert J. Bryan in the instant matter on September 3, 2002. c. Execution Date: The execution date of this Settlement Agreement, as referred to below, shall be date on which the Court enters an order of final approval of the settlement under Fed. R. Civ. P. 23(e). Agreements by Defendants 5. a. Defendants agree to comply with the terms of this Settlement Agreement for 36 months, beginning on the date of execution of this Settlement Agreement. At the expiration of the 36 -month enforcement period, this Settlement Agreement shall automatically terminate, unless extended under Paragraph 7(a). b. On or before 6 months from the execution date of this Settlement Agreement, Jefferson County shall have drafted, adopted and implemented the necessary policies and procedures to ensure compliance with the requirements of this Settlement Agreement, as SETTLEMENT AGREEMENT — 3 CV02-5096 WCR00I 0033 efD64404 9/8/03 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SPELLMAN SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 provided in paragraphs 6(c)-Oj) below. Copies of policies will be provided to counsel for plaintiffs upon adoption. C. Jefferson County agrees to seek accreditation for the Jail's system for delivery of medical services to inmates from the National Commission on Correctional Health Care ("NCCHC") or other accrediting organization upon mutual agreement with the ACLU, within 12 months of the execution date of this agreement. The Jail will adopt and implement health care policies and procedures that would allow accreditation to be granted. d. Jefferson County agrees to maintain a temperature in all inmate areas of the Jail of between 60° and 80° Fahrenheit. For 36 months following the execution date of this agreement, either the Jefferson County Health Department or a mutually agreed upon independent contractor paid for by Jefferson County shall test the temperature within all inmate areas of the Jail four times per year to verify that all temperatures are within the mandated range. Temperature checks will be performed in the months of February, May, August, and November on dates chosen without advance notice to jail staff. Defendants shall provide the results of the tests to counsel for Plaintiffs. e. Defendants will ensure that a sufficient supply of toilet paper and sanitary napkins are maintained at the Jail. Such hygiene supplies will be delivered to inmates when needed, even if the need arises sooner than, or in addition to, the Jail's ordinary distribution schedule. Toilet paper and sanitary napkins will not be withheld as discipline for inmate SETTLEMENT AGREEMENT — 4 CV02-5096 WCRO01 0033 ef064404 W03 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, X5800 SPELLMAN SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 1', 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 behavior. However, Defendants reserve the right to discipline inmates for stockpiling or abusing toilet paper or sanitary napkins. f. Inmates shall be offered a clean towel on a daily basis. Clean uniforms will be offered twice per week. Permanently stained uniforms will be discarded. g. Inmates in cells with exterior walls shall be entitled, upon request, to receive up to two blankets in addition to the blankets that are issued when the inmate is booked into the Jail. h. Inmates may receive long underwear from outside retail vendors, provided that the long underwear is sent directly to the inmate from the manufacturer or retailer in an unopened, factory -sealed package. i. The Jail will offer recreation to each inmate, other than those inmates in the holding or crisis cells, for at least one hour per day, seven days per week, of which no less than four days per week are outdoor recreation. The Jail reserves the right to withhold indoor or outdoor recreation for safety or security purposes, documented by an incident report. "Safety or security purposes" shall include, but not be limited to, withholding recreation from inmates who: 1) have previously committed infractions during indoor or outdoor recreation and have received, after suitable procedures, a sanction of denial of recreation, which sanction may not exceed one week of denial; or 2) pose an increased threat of harm to themselves, others, or property if they are allowed to participate in indoor or outdoor recreation. A written record will be kept of the recreation periods given in the Jail's general log book. Any instances where indoor or outdoor SETTLEMENT AGREEMENT — 5 CVO2-5096 WCROOI 0033 ef064404 9/8/03 CARNEY LA W OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SPELLMAN SEATTLE, WA 981045017 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 recreation is withheld shall be logged in the Jail's log book, which shall state the reason for withholding the indoor or outdoor recreation. j. Toilets, hot water faucets, and showers that are not functioning will be evaluated by a representative of Jefferson County Department of Public Works within one business day of jail staff receiving notification of the malfunction. Business days are Monday through Friday. During any period of time when either the toilet or the hot water in an inmate's cell is not functioning, the Jail will take the necessary steps to ensure that the affected innate has access to a functioning toilet and hot water. Inmates will not be housed in cells with malfunctioning toilets unless a cell with a functioning toilet is not available. k. The Jail will adopt policies and procedures to ensure that the drainage pipes in the Jail are kept moist to prevent odors in the Jail. 1. An inmate who has spent at least five consecutive days assigned to a portable bunk (also referred to as a "boat') will be reassigned to a regular bed, unless the inmate requests continued assignment to the portable bunk. in. The Jail and/or the Jefferson County Department of Public Works will develop and adhere to a preventative maintenance program for maintenance of the Jail's heating, ventilation and air conditioning ("HVAC") system. U. The Jail will provide some form of personal property storage unit for each II inmate. SETTLEMENT AGREEMENT — 6 CV02-5096 WCR001 0033 efO64404 918/03 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SPELLMAN SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 o. The Jail will prepare and maintain fire preparedness plans and will implement and perform fire drills at least once per year. P. The Jail's crisis cell will not be used as discipline for infractions or misbehavior, unless both of the Jail's segregation cells are occupied, in which case an inmate assigned to segregation may be assigned to the crisis cell for no more than 24 hours per 72 hour period. The crisis cell may be used to house: 1) inmates who show evidence of being a risk of harm to themselves, to others, or to Jail property in the form of property destruction or intentional flooding; 2) inmates who require medical or psychiatric supervision; or 3) inmates who are intoxicated. q. The Jail will maintain a separate crisis cell log, which will document the time of entry to and exit from the crisis cell for any reason, and a record of a corrections officer directly observing the crisis cell occupant in person and not by video monitoring at least every 15 minutes during crisis placement. Further, during the entire course of an inmate's stay in the crisis cell, the Jail will keep with the crisis cell log a sheet indicating the reasons for placing the inmate in the crisis cell. Upon the inmate's transfer from the crisis cell, the sheets will be placed in a central file of crisis log materials. The Jail may also place the sheets in the inmate's general and/or medical file. r. A corrections officer's decision to place an innate in the crisis cell must be reviewed by a supervising officer by the end of the supervising officer's first shift following the inmate's placement in the crisis cell. If the inmate is placed in the crisis cell by the Jail CARNEY LAW OFFICES SETTLEMENT AGREEMENT -7 BADLEY A PROFESSIONAL SERVICE CORPORATION CVO2-5O96 SPELLMAN 700 FIFTH AVENUE, #5800 SEATTLE, WA 98104.5017 FAX (206) 467-8215 TEL (206) 622-8020 WCR001 0033 et064404 9/8/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 superintendent, review will be by the undersheriff or sheriff. The Jail will develop and implement a policy to determine when an inmate should be released from the crisis cell. The supervisor will be notified when the inmate is released from the crisis cell. S. Jefferson County Mental Health will be called at the time an inmate is placed in the crisis cell for mental health reasons. The Jail's health care professional will be called at the time an inmate is placed in the crisis cell for medical reasons. Inmates will not be placed in the crisis cell in the nude. If a determination is made that the inmate's clothing should be removed in order to protect the inmate's safety, to prevent property destruction, or to facilitate clothing exchange, the inmate will be provided with a suicide smock or other suitable clothing. t. Grievance forms, medical request forms, and regular request forms will be made available in each cell block day room. The forms will be replenished as needed. The medical request form will be amended to provide space for the inmates to describe their current symptoms. U. The Jail will respond in writing to all written grievances within seven days of receipt by Jail staff. Jail staff will not retaliate against or deny privileges to any inmate for writing grievances, contacting counsel, or complaining to any person about Jail conditions based solely on the fact that the inmate has complained about Jail conditions. However, this paragraph does not limit the Jail's ability to discipline inmates for violations of the Jail's Policies and Procedures. SETTLEMENT AGREEMENT — 8 CVO2-5096 WCR001 0033 eM64404 9/8/03 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SPELLMAN SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 V. The reasons for, and a description of, all disciplinary action will be recorded in writing. Copies of documentation pertaining to the disciplinary action will be placed in a central disciplinary file, in addition to any other file locations. The term "disciplinary action" means denial of privileges, lockdown, infractions, or segregation in response to misbehavior, but does not include verbal reprimands or instructions that are not accompanied by punishment or loss of privileges. system. W. The Jail will develop and implement an objective inmate classification X. All altercations between inmates involving the use or threat of violence of which Jail staff are aware shall be documented. Inmates threatening fights with each other will be separated, unless either the corrections officer or the inmates themselves are able to resolve the issue between the inmates. y. All use of force by Jail staff, including application of restraints, shall be documented in an incident report. Copies of the incident report will be kept in a central incident report file and in the individual inmate's file. Z. The Jail shall keep accurate records of the good time credits applied for and awarded pursuant to its written Policies and Procedures, and reports of good time credits shall be made available to inmates weekly upon request. No good time credits will be revoked without notice to the inmate and an opportunity for a hearing. SETTLEMENT AGREEMENT — 9 CV02-5096 WCROOI 0033 ef064404 9/8/03 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SPELLMAN SEATTLE, WA 98104-5017 FAX(206)467-8215 TEL (206) 622-8020 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 aa. The Jail will keep accurate computerized records of inmate commissary accounts. Such records will be made available to the inmates weekly upon request. bb. All current Jail staff will attend professionalism training from an outside provider within one year of the execution date of this agreement. The content and provider of the training will be of the Jail's choosing, so long as the training is offered by or approved by the National Institute of Corrections, the American Correctional Association, the Washington Association of Sheriffs and Police Chiefs, a similar nationally accredited corrections organization, or as otherwise agreed between the parties to this Settlement Agreement. Thereafter, all new hires will undergo the same training. A refresher course will be attended at least every five years by staff with continuous service for five years. cc. There will be a minimum of two correctional staff budgeted by the County and scheduled by the Jail for duty at all times. County employees operating the dispatch desk are not considered correctional officers for purposes of this paragraph. dd. The Jail's ban on outside reading material shall be rescinded as of the execution date of this agreement. It its place, the Jail may implement content -based prohibitions with regard to literature received by inmates, so long as those policies do not infringe upon those First Amendment rights retained by the relevant parry. Books may be limited to those shipped directly from the publisher or retailer and received unopened at the Jail. The Jail will incur no liability for failure to forward incoming mail, publications, or books to inmates who have been released from the Jail. SETTLEMENT AGREEMENT — 10 CV02-5096 WCR001 0033 efl164404 918103 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SPELLMAN SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ee. The Jail's ban on printouts from the Internet is rescinded. The Jail may impose a limit on the number of pages of intemet printouts per day an inmate may receive by mail, as long as the limit is not less than ten pages per inmate per day. Incoming Internet materials shall be subject to review by Jail staff pursuant to the Jail's content -based restrictions, and such documents may be withheld by the Jail on this basis, so long as those policies do not infringe upon those First Amendment rights retained by the relevant party. ff. Mail may not be withheld, delayed, or denied as a disciplinary device. The Jail may withhold mail to prevent violation of a protective order, violation of a noncontact order, or other criminal conduct. All deliverable mail shall be given to inmates within two business days of receipt by the Jail. gg. Upon request, inmates will be allowed to make confidential phone calls to counsel on an unmonitored phone outside the hearing of Jail staff and other inmates. If requested, inmates shall be afforded at least two attorney calls per day and may receive calls from their attorney within two hours of requesting an opportunity to receive a call from their attorney. hh. Jail staff will not read outbound or inbound legal mail. Incoming envelopes marked "legal mail" may be opened by Jail staff and inspected for contraband only in the presence of the recipient. Nothing contained in this paragraph, however, shall preclude the Jail from taking the necessary steps to ascertain whether an item purporting to be legal mail is actually legal mail. SETTLEMENT AGREEMENT — 11 CV02-5096 WCRO01 0033 ef064404 9/8/03 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, 85800 SPELLMAN SEATTLE, WA 98104-5017 FAX(206)467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ii. The Jail will not have scheduled daily lockdown periods during daytime hours. The Jail may impose daytime lockdowns if necessary for security reasons, with any security lockdowns documented in an incident report. jj. Defendants will make payment to the "American Civil Liberties Union of Washington Foundation" in the amount of $82,500.00 within ten days of the execution date of this agreement. Such payment shall be in full settlement of any and all attorneys' fees and costs incurred by plaintiff Shawn Omdorff and/or the class as of the execution date. Settlement Agreement by Plaintiffs 6. Plaintiffs agree that, upon this Court's approval of the Settlement Agreement, plaintiffs' Complaint under the above cause number shall be dismissed with prejudice pursuant to the Stipulation and Order of Dismissal. Mutual Settlement Agreement by Defendants and Plaintiffs 7. a. An independent monitor or monitors, mutually agreed upon by the parties and paid for by the County, will make periodic visits to the Jail and shall have full access to inmates, records, and facilities. The monitor will make the first of such visits on a date approximately one year after the date of execution of this Settlement Agreement. Thereafter, the monitor shall visit and evaluate the Jail's compliance with this agreement two times per year until 36 months have elapsed from the execution date of this agreement. Counsel for Plaintiffs and Defendants shall use their best good -faith efforts to agree to a monitor or monitors at reasonable cost to the County. In the event the parties are unable to agree on monitor(s), they will submit SETTLEMENT AGREEMENT — 12 CV02-5096 WCRO01 0033 e8)64404 M/03 CARNEY LAW OFFICES BARLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SPELLMAN SEATTLE, WA 981045017 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 their nominations in a motion to the federal court or to a mutually agreed upon outside arbiter. The approximate schedule for monitoring shall be as follows: Visit/Report Time (1) 1 year after execution of the agreement; (2) 1.5 years after execution of the agreement; (3) 2 years after execution of the agreement; (4) 2.5 years after execution of the agreement; (5) 3 years after execution of the agreement. The monitoring shall be broken down into two main categories, entitled "Facilities/Operations" and "Medical." If the Jail is found to be in full compliance in either of these areas for two consecutive monitoring periods, the monitoring for that category shall terminate. If the monitor for either category does not report substantial compliance on the last monitor visit scheduled above, the duration of the agreement will be extended and additional monitor visits scheduled on six-month intervals, until such time as the monitor reports substantial compliance. Under no circumstances will the agreement be extended more than an additional two years past the originally scheduled termination date. b. Plaintiffs must attempt to resolve any and all disputes concerning the Defendants' continuing compliance with this Settlement Agreement through the following dispute resolution process. Plaintiffs shall inform counsel for Defendants in writing of any alleged substantial non-compliance. If the issues are not resolved at that stage, counsel for SETTLEMENT AGREEMENT — 13 CVO2-5096 WCRO01 0033 e1u64404 9/8/03 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SPELLMAN SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 6223020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Plaintiffs and counsel for Defendants shall meet and confer in good faith to try to resolve any differences. If the issues are not resolved at that stage, the parties and their counsel must attempt to resolve the issues at mediation using a mutually acceptable mediator. If the dispute is not resolved at mediation, Plaintiffs' counsel may file a motion in this Court. This Settlement Agreement does not require Plaintiffs to exhaust the Jefferson County Jail's administrative grievance process prior to attempting to resolve any disputes through the alternative dispute resolution process described in this Settlement Agreement. C. The prevailing party in any motion to enforce this agreement shall be entitled to recover attorneys' fees and costs consistent with applicable law and the Prison Litigation Reform Act. Otherwise, each party shall bear its own costs and attorneys' fees regarding this Settlement Agreement. Nothing in this Settlement Agreement precludes the use of any other type of alternative dispute resolution process that the parties agree to use to resolve disputes. d. This document is not a Consent Decree, but it is an agreement that is enforceable through the remedies specified herein. None of the provisions contained in this Settlement Agreement should be construed as creating or extinguishing any statutory rights or federal constitutional interests. In the event a federal court rules it is without jurisdiction to enforce this Agreement, the parties may seek enforcement, including specific performance, in Washington state courts under applicable law. SETTLEMENT AGREEMENT — 14 CV02-5096 W CR001 0033 ef064404 918/03 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION SPELLMAN 700 FIFTH AVENUE, #5800 SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL(206)622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 e. Class counsel will have full access to inmates, records, and facilities upon 24 hours notice to the Jail. f. This Settlement Agreement constitutes the final written expression of all of the terms of settlement and is a complete and exclusive statement of those terms. No other agreements, oral or written, bind the parties. g. This agreement may be modified at any time by a written and signed document executed by mutual agreement of plaintiffs' and defendants' counsel. To give the provisions contained herein an opportunity to be implemented and evaluated, the parties agree not to challenge this agreement for a period of three years from the execution date. h. The undersigned hereby acknowledge that the terms of this Settlement Agreement have been completely read, wholly understood, and voluntarily accepted for the purpose of making a full, final and binding compromise, adjustment and settlement of any and all claims, disputed or otherwise, that are asserted in the Complaint. i. This Settlement Agreement may be signed in counterpart originals and may be delivered by facsimile with originals to follow. Defendant Jefferson County certifies that Dan Tittemess has authority to bind the County to the terms of this Agreement. For Defendants: JEFFERSON COUNTY��� By: Dan Titterness Dated: lG-i- 2oo 3 SETTLEMENT AGREEMENT — 15 CV02-5096 WCR001 0033 eft,4404 9/8/03 CARNEY LAW OFFICES BADLEY A PROFESSIONAL SERVICE CORPORATION SPELL1.p,� ,� �T 700 FIFTH AVENUE, #5800 -ME, AN SEAT WA 98104-5017 FAX (206) 467-8215 TEL(206)622-8020 1 2 By Ao���' Sheriff ike Br d 3 Dated: 4 5 For Plaintiffs: 6 7 NATIONAL PRISON 8 '47Y7 9 By Jo - David C. Fathi 10 Attorney for laintiffs Dated: �Q 11 THE 12 I I AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON 13 14 By Aaron H. Caplan' 15 Attorneys for Platiffs 16 Dated: T�q 17 For Plaintiffs: 18 By f` �✓ ` 19 Shawn Orndorff 20 Dated: - - 03 21 CARNEY SETTLEMENT AGREEMENT - 16 BADLEY CV02-5096 SPELLMAN WCRO01 0033 ef064404 8129/03 LAW OFFICES A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 1 18 19 20 21 Approved as to form: CARNEY BADLEY SPELLMAN, P.S. I BY David W. Silke Jon A. Payne Attorneys for Defendants Dated: SETTLEMENT AGREEMENT — 17 CV02-5096 W CR001 0033 CR)64404 9/8/03 CARNEY BADLEY LAW OFFICES A PROFESSIONAL SERVICE CORPORATION SPELLMAN 700 FIFTH AVENUE, #5800 SEATTLE, WA 98104-5017 FAX(206)467-8215 TEL (206) 622-8020