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HomeMy WebLinkAboutBledsoe Settlement Agreement 2004Law Offices (206) 621-7323 P.5 Y At the request and direction of the parties, and acting solely as scrivener, the mediator has assisted in preparing the following: MEMORANDUM OF SETTLEMENT It Case: MORGAN/BLEDSOE V. JEFFERSON COUNTY ET AL. The parties agree to settle this case as follows: 1. Defendants will pay plaintiffs $1,500,000.00, to be divided equally between plaintiff Morgan, plaintiff Bledsoe and plaintiff Estate of Kevin Bledsoe; payment to be made within 20 days by way of a check issued payable to Budge & Heipt, P.L.L.C. in trust for plaintiffs; 2. Plaintiffs will execute a release of all claims, of any kind and nature whatsoever, as against the named defendants, their employees, agents, insurers, etc., including Steve Richmond; 3. The parties will work together to formalize this agreement with appropriate documentation; 4. The pending action will be dismissed with prejudice and without costs or attorneys' fees; 5. A copy of this memorandum may be introduced into evidence in any proceeding to enforce this settlement. Dated: September 28, 2004. P AINTIFF/PERS, REP. PLAINTIFF'S COUNSEL TAX I D #: to be provided PLAINTIFF FOR DEFENDANT COUNTY D ENSE COUNSEL SETTLEMENT AGREENIENT RELEASE, AND HOLD HARMLESS This Settlement Agreement, Release and Hold Harmless ("Agreement") is entered into by and between Sandra Morgan ("Morgan") individually, Jerry Bledsoe ("Bledsoe") individually, and the Estate of Kevin Bledsoe ("the Estate"), and Jefferson County, Andy and Jane Doe" Pemsteiner, Michael and "Jane Doe" Stringer, Benjamin and "Jane Doe" Stamper, John and "Jane Doe" Satan, Hank and "Jane Doe" Shafer and Steve Richmond collectively "Jefferson County Parties") for good and valuable consideration as set forth below. Morgan, Bledsoe, the Estate, and the Jefferson County Parties are collectively referred to hereinafter as the "Parties." 1. Settlement Amount. The Jefferson County Parties, directly or through their insurer, shall pay Morgan, Bledsoe, and the Estate collectively the stun of ONE MILLION, SIX, HUNDRED THOUSAND DOLLARS ($1,600,000.00) (hereinafter "Settlement Amount's for all damages, attorneys' fees, and litigation costs by check made payable to the trust account for Budge and Heipt, P.L.L.C. 2, gelease, IndcmniRcation and Fold Harmless of All Claims. Plaintiffs have asserted claims in lawsuits captioned Sandra Morgan. et al. v. Jefferson Cogpt& et al, United States District Court Western District of Washington at Tacoma, Civil Case No. 03-5002 RJB, and Jerry Bledsoe et al v. Jefferson County, et al., United States District Court, Western District of Washington at Tacoma, Civil Case No. 04-5004 FDB. Tlie two cases were previously consolidated by court order under Case No. 03-5002 RJB. On or about August 24, 2004, Sandra Morgan and Jerry Bledsoe submitted a Claim for Damages to Jefferson County, alleging additional claims against Steve Richmond and Jefferson County . The two cases and the Claim for Damages are hereinafter collectively referred to as the Lawsuit." Morgan, Bledsoe, and the Estate hereby fully and forever release, waive and discharge any and all claims, demands, rights, causes of action, and claims for compensation of any kind and nature, that they may have against the Jefferson County Parties and their present and former officers, directors, employees, representatives, predecessors, related entities, insurers, attorneys, successors, and assigns (collectively hereinafter "Released Parties"), including but not limited to the claims asserted in the Lawsuit, and including without limitation any violation of any public policy, claims for personal injuries, pain and suffering, and emotional or mental distress of any kind or nature, and any claims under any federal, state, local or other laws or regulations that may be applicable, whether at this time known or unknown, anticipated or unanticipated, direct or indirect, fixed or contingent, that Morgan, Bledsoe, or the Estate may have against the Released Parties, as of the Effective Date of this Agreement (collectively "ClaiTnel. Morgan, Bledsoe, and the Estate further agree to indemnify, defend, and hold harmless the Released Parties from and against all liens and subrogation claims, including but not limited to liens and subrogation claims for medical bills. arising out of Morgan, Bledsoe, or the Estate's claims that were alleged or could have been alleged in the Lawsuit. Morgan, Bledsoe, and the Estate also agree to indemnify, defend, and hold harmless the Released Parties from all federal, state, or other taxes, assessments, or penalties arising from the receipt of the Settlement Amount, whether assessed to Morgan. Bledsoe and the Estate or the Released Parties. SETTLEMENT AGREEMENT, RELEASE., AND HOLD-HARIMLESS — Page t of') WCRW 0036 fj012902 !0+'6104 OCT -06-04 WED 05:54 _PM ,726372M7426P. Oct UG 04 03:t.SP _aw OPrices 21065455032 t 2061 6i' i -7323 3, dr i5sicn oI .'a tY Yw A&t'eem,41t does na constitute W% &AMission or tablhty or wrongdoing of any kind or nature by lite JeEfcrson County Parties Of the Rticasel Pzrties. of awsoir There &aNe2h lei ..jglLst C„_rte pnces. t to:ge+ti,13 -d>oe, and the Esti:s reprciea[that neientr they not anyone acting on their be:talf has ::led or &W -Mist made or brought any ./alms, txtrstiita end/or administrative s that will Ix rallypruceedingaagais: Tie leffersor. County Parties, other thea those claimcontptomisednodresolvedundetthisAgreemcrt, Motgerl, Bledsoe, and tha Fs-wLc aygrce tbztuStipulatedOrderofDismissaldismissingellOftheirc1tintssetforthintheLawsuitshallbeenteredbytheCourtwith• prejudice and without costs or attomevs' foes to any of the Felli" S. nsuft ion an orneY. The Parties ackaowkdga as', they ifnrc coracUed with 1116, a(tomeys and have been given reasonable time to eonsld r thAgreementbeforesigningit, and that it is altered kaowinbiy, willingly, end voluotarily. 6. 'ffectir•e Date. '.he l;F:ectivc Date of this kfrccmrnt si;all be the date of the signitote Or the tart party to exe:u!e the Agreemcrt. 7. Do 111011e or Counter a y nab: Vggj miles. This Agroeracot cin be emcutcd is dupiiea;e arWor couatzrpsxt orgirals, and/or by execution o: a foc9iMIle. Each duplicate and/or counterpart original sad signature reproduced by facsimile scall ba%c he farce and effect ofany original doc»ntent. g, Mer or and mcadmeni. This Agreclrneat co;tstitutes the entice vlittrn egreeau env bet veers he Pancca and SUM'sc"S L! Prior agreements t*r%yeen the Parlit hereto. Any and a!1 prior oral of %%Tim,, utld'erstandings sha}1 be deemed merged into his AaTeemEnttuldsl -.all trot sulvivo its execution. This Agreement shall 001v be amended with the eXrres, szr_1en -onvnt of th= f )mics hereto g, Severabili , if my portion of Ws Agrceineat is &'Ind to be vcid or ufler:orVeah!e for Lly reason, such portion of this Agr-entent shaJ1 be considered severedfrrnntheremaiwugportionsoftheAgreetnen;, and tha reataming portit n= oftis Aptceulcnt sbalI corlduue. in full force and effect. 16, JuH!d1gjjonand Venue. Thi; Urtminent is governed by* -c l at Yn vws of the tata of wa9`.ingto. Ttse 1j. S. District Court for the Nescern District of sitar rerain jurIsi, bon and venue °or -ny disputes aris;A under or regarding Itis Agrecnic t E"(wilect thisz CAy of M 004. Executed this & day 72001. x tSr.+Morgan, sal f Bic soe, iudividuelly SE':'CI.PM NT AGREI-NL STT, RF.LEASG. AND MOLD HARhd! •ESS — Pr ge 2 of wCg9U{ DOM 60114cz KWO4 p.3 P.01 Uot 06 da 03:20p Law Offioes (206) 621 -?323 p.a Rxecuted chis jai day of - _ 2004. E=utcd this day of _..._• 7(X)4 EFl.FIRSOY COUNTY a E c of Kevitz iiledsoc, by Jany Its-- ---- edsoe as Personal Represcntati+a Approved As To Foul: BUDGE & HEiP7, P.L.L.C. Edwin S. B'.t e, WSF3A r<2AlBz Frik J. Fieipt, WSBA N29113 Attorneys for Plaintiffs Dated:._ CARNEY BADLEY SPELLM.AN, P.S. Jon A i'ayac, WSBA #26591 Nicholls P. Sc trpc11i, It., WSBA #5810 David w. Silkc, WSBA #?3761 Attorneys fef Jeff: rSon County Parties Sf-,~f},.EMF,+NT AGPTSM `1T, MLEASE, AND N0 -C HAMVLESS - Pa9e 3 of 3 SETTLEMENT AGREEMENT, RELEASE, AND HOLD HARMLESS This Settlement Agreement, Release and Hold Harmless ("Agreement") is entered into by and between Sandra Morgan (`'Morgan") individually, Jerry Bledsoe ("Bledsoe") individually, and the Estate of Kevin Bledsoe ("the Estate"), and Jefferson County, Andy and Jane Doe" Pernsteiner, Michael and `Jane Doe" Stringer, Benjamin and "Jane Doe" Stamper, John and "Jane Doe" Saum, Hank and "Jane Doe" Shafer and Steve Riclunond collectively "Jefferson County Parties") for good and valuable consideration as set forth below. Morgan, Bledsoe, the Estate, and the Jefferson County Parties are collectively referred to hereinafter as the "Parties." 1. Settlement Amount, The Jefferson County Parties, directly or through their insurer, shall pay Morgan, Bledsoe, and the Estate collectively the sum of ONE MILLION, SIX HUNDRED THOUSAND DOLLARS ($1,600,000.00) (hereinafter "Settlement Amount") for all damages, attorneys' fees, and litigation costs by check made payable to the trust account for Budge and Heipt, P.L.L.C. 2. Release, Indemnification and Hold Harmless of All Claims. Plaintiffs have asserted claims in lawsuits captioned Sandra Morgan, et al. v. Jefferson County. et al., United States District Court Western District of Washington at Tacoma, Civil Case No. 03-5002 RJB, and Jerry Bledsoe, et al. v. Jefferson County, et al., United States District Court, Western District of Washington at Tacoma, Civil Case No. 04-5004 FDB. The two cases were previously consolidated by court order under Case No. 03-5002 RJB. On or about August 24, 2004, Sandra Morgan and Jerry Bledsoe submitted a Claim for Damages to Jefferson County, alleging additional claims against Steve Richmond and Jefferson County . The two cases and the Claim for Damages are hereinafter collectively referred to as the Lawsuit." Morgan, Bledsoe, and the Estate hereby fully and forever release, waive and discharge any and all claims, demands, rights, causes of action, and claims for compensation of any kind and nature, that they may have against the Jefferson County Parties and their present and former officers, directors, employees, representatives, predecessors, related entities, insurers, attorneys, successors, and assigns (collectively hereinafter "Released Parties"), including but not limited to the claims asserted in the Lawsuit, and including without limitation any violation of any public policy, claims for personal injuries, pain and suffering, and emotional or mental distress of any kind or nature, and any claims under any federal, state, local or other laws or regulations that may be applicable, whether at this time known or unknown, anticipated or unanticipated, direct or indirect, fixed or contingent, that Morgan, Bledsoe, or the Estate may have against the Released Parties, as of the Effective Date of this Agreement (collectively "Claims"). Morgan, Bledsoe, and the Estate further agree to indemnify, defend, and hold harmless the Released Parties from and against all liens and subrogation claims, including but not limited to liens and subrogation claims for medical bills, arising out of Morgan, Bledsoe, or the Estate's claims that were alleged or could have been alleged in the Lawsuit. Morgan, Bledsoe, and the Estate also agree to indemnify, defend, and hold harmless the Released Parties from all federal, state, or other taxes. assessments, or penalties arising from the receipt of the Settlement Amount, whether assessed to Monian, Bledsoe and the Estate or the Released Parties. SETTLENtEN'r AGREEMENT, RELEASE, AND HOLD-HARLNOLESS— Page l ora W( 100}I M36 III112902 1016/04 3. No Admission of Liability. This Agreement does not constitute an admission of liability or wrongdoing of any kind or nature by the Jefferson County Parties or the Released Parties. 4. Dismissal of Lawsuit: There Are No Other Claims Suits or Grievances. Morgan, Bledsoe, and the Estate represent that neither they nor anyone acting on their behalf has filed or otherwise made or brought any claims, lawsuits, and/or administrative proceedings against the Jefferson County Parties, other than those claims that will be frilly compromised and resolved under this Agreement. Morgan, Bledsoe, and the Estate agree that a Stipulated Order of Dismissal dismissing all of their claims set forth in the Lawsuit shall be entered by the Court with prejudice and without costs or attorneys' fees to any of the Parties. 5. Consultation of an Attorney. The Parties acknowledge that they have consulted with their attorneys and have been given reasonable time to consider this Agreement before signing it, and that it is entered knowingly, willingly, and voluntarily. 6. Effective Date. The Effective Date of this Agreement shall be the date of the signature of the last party to execute the Agreement. 7. Duplicate or Counterpart Originals: Facsimiles. This Agreement can be executed in duplicate and/or counterpart originals, and/or by execution of a facsimile. Each duplicate and/or counterpart original and signature reproduced by facsimile shall have the force and effect of any original document. 8. Merger and Amendment. This Agreement constitutes the entire written agreement between the Parties and supersedes all prior agreements between the Parties hereto. Any and all prior oral or written understandings shall be deemed merged into this Agreement and shall not survive its execution. This Agreement shall only be amended with the express written consent of the Parties hereto. 9. Severabilitv. If any portion of this Agreement is found to be void or unenforceable for any reason, such portion of this Agreement shall be considered severed from the remaining portions of the Agreement, and the remaining portions of this Agreement shall continue in frill force and effect. 10. Jurisdiction and Venue. This Agreement is governed by the laws of the State of Washington. The U.S. District Court for the Western District of Washington at Tacoma shall retain jurisdiction and venue for any disputes arising under or regarding this Agreement. Executed this day of .2004 Sandra Morgan, individually Executed this — day of 2004. Jerry Bledsoe, individually SETTL EMENT AGREEMENT, RELEASE, AND HOLD HARMLESS - Paque _' of 3 ik(R001 01;;r, 1JO 12402 1 0,'6i'03 Executed this day of 2004. Executed this Ll 7' ay of -r 2004. JEFFE Oi COUN By: The Estate of Kevin Bledsoe, by Jerry Its Bledsoe as Personal Representative Approved As To Form: BUDGE & HEIPT, P.L.L.C. By: Edwin S. Budge, WSBA #24182 Erik J. Heipt, WSBA 428113 Attorneys for Plaintiffs Dated: CAF Y BADJ EY $PELLMAN, P.S. By: Jon A. fayne, WSBA #2 541 Nicholjs P. Scarpelli, Jr.WSBA 95810 David W. Silke, WSBA #23761 Attor eys for Jefferson County Parties ateDip f % SETTLE.NIENT AGREEMENT, RELEASE, AND HOLD VIARMLESS — Page 3 of, tVt ROO1 01061101290-1 MAO -i SON ` Donna M. Eldridge JEFFERSON COUNTY AUDITOR 1820 JEFFERSON ST. 9SRING 0 P.O. BOX 563, PORT TOWNSEND, WA 98368 (360) 385-9118 E-MAIL: deldridge@co.jefferson.wa.us TO: Juelie Dalzell Prosecuting Attorney RE: Claim for Damages not indicated) Jerry Bledsoe, Claimant MESSAGE 1-800-831-2678 FROM: Betty Johnson Deputy Auditor . DATE: September 4, 2403 The attached Claim for Damages (two originals delivered byprocess server) was received in this office today and is being referred to you. Cc: BOCC Accounting Elections Licensing Recording FAX 385-9121 385-9117 385-9115 385-9116 385-9228 08/08/2003 10:51 3603859382 BOCC PAGE 02 Claim 6-'51 - Q CLAIM FOR DAMAGES 7hlsClaimTorm ispraridadsolely arvan accommo laninr toawmemly andthe Cowry makacGrp MprgsewatiCms as 10fhlegalstffflcrcnccltegs,dhilityforavmplpngwithallrequiremennof.Vtc*kw,mgardinl;claimTresrSwrththeclaimant NoCounl}•Fmploy efsQuthprf2edload+riseacldimantMrpN+plettngthrsf0rrrr0rreyrtwfrr irsSteieircy The Countyexpress!y disclaims rrdg"uibilltl: fnr any such adore or rei lew {Jfnnwe space re nceded ro cUtswvt air}• itam c, attach additional .sheers and spwify the Item irwrrrber.% r" TO: RISK MANAGER JEFFERSON COC.NTT COURTHoUSIE 1820 JEFFERSON STREET t P.O. BOX 1220 PORT'I'OWIYSEND, WA 92368 X STATE OF WASMNGTON) COUNTY OF JEFFERSON 3 f JERRY BLEDSOE . BEING FIRST DULY SWORN, O.NOATTi,DEPOSES AND SAYS THAT I AM THE CLATMAVr HERETN AICD BELTEVE THE CON'TENtS OF TRIS CLAIM TO BETRUE. 1 HEREBY PRESENT A CLATM FOR DAMAGES AGATKST JEFFERSON COUNTY, WASHIIVGTON- BASED IJPU THE FOLLOWING rN-FORMATION AS MQUrREU BY RCW 36.45:020: i. MY ADpRESSANDPHONE-\-UNIBF,RATTHE TL-*IEOFPRESENT'INGANDFILTNG THIS CLAMUS: Mailing Address: c/o Messina Bulzooi Law Firm, John L. Messina, 5316 Orchard St. West, Tacoma, WA 98467 2, 3. 9 kwidence Address- 1919 McCab ey Ave. , San Antonio, T% 78224 Phone Number: HONE: 210-921-9266 MESSINA: 253-,472-6000 VYACTUALRESMEENIMDLiRiNOTHH MX (6) MONTHS TMWMIATELYMOR To TIM TimETOSCLAD4ACCRUEDWAS: Same as Residence Address above THELVCtD-TFORWHICHTMAKECLAIMAGATNSTTHECOL-M'YQC:CL3iREDU THE 24th DAY OF March , 20 03 . AT- -kM* THE LNCIDENT OCCURRED AT THE FOLLOWING LOCAnON. Washington/Jefferson County nRdGi A !-.. 08/08/2003 10:51 3603859382 BOCC PAGE 03 MY TKR RY OR DAMAGESWERF, CAUSED OR HAMNED AS FOLLOWS; See attached 6. THE -NATURE OF THE INJURY OR DAMAGES I SUSTAIAED .4RE; See attached 7. THE AMOUNT OF U.AMAQES t SUSTAIN ARE ITE1V17ZED_ {ABII,L,LY(', OR TWO (2)ESTTMAITESOFTHECOSTOFREPAIRS1VIUST' BE t TTACHED TO THIS CLAIM): 22000,000.00 TM aNIAME OF MY INSURANCE .AGENCY TS: DATED TH15 DAY OF . 1 SI ,ATIJ F C.L.rVNtANf TITLE (]F COMPANY) SUBSCRWED .kND SWORD BEFORE MF, THIS•!'i DAY OF AOCT 0 P4! LYDIA L. VARA NMI Public. State ofTexas NOTARY PL TeuF t:Omm168108EV"86Oct. 11,2003 (APPOTNTM . IG FIRES: L/ t flu or about March 24, 2001, Kevin Bledsoe was taken into custody by Andy Vernsteiner, Micahel Stringer, Benjamin Stamper, John Saum, Hank Shafer and John Ryan. Mr. Bledsoe was hog-tied and fitted with a "spit mask". Mr. Bledsoe was physically assaulted by the officers. It was obvious that Mr. Bledsoe was in serious need of medical attention. However, the officers withheld medical care and placed him naked, in a dark, unmonitered cell. Mr. Bledsoe died as a result of the lack of medical care. Kevin Bledsoe's federal civil rights were violated as a result of the treatment he received by the officers. Jerry Bledsoe's civil rights were also violated as a result of the death of his son.