RELEASE AND SETTLEMENT AGREEMENT

1.

Definitions.

a.

Agreement or Releflse and Settlement Agreemenl means this document.

b.

Claimant means John Townsend.

c.

Ctaíms means, without limitation by reason of enumeration, any and all
demands, actions, rights, or causes of action thal claimant now has or may

in the future have arising out of, in consequence of, oI

aS a

result of, the

incidents, events, or circumstances described in the complaint or arising

out of the conditions of confinement the claimant experienced at Green
Bay Correctional Institution while on the Behavior Action Plan ("BAP"),

or both, whether based on State or Federal law and whether or not said
claim, demand, action, right or cause of action now exists or may hereafter
accrue, is known or unknown, or is anticipated or unanticipated.

d.

Complaint means the complaint or complaints filed

in

Townsend

v.

Cooper, et al., Case No. I0-C-347, Eastem District of and any associated
notices of claim.

e.

Damages means, without limitation by reason of enumeration, damages

for personal injuries, past and future medical expenses, funeral expenses,
past and future loss of income, past and future loss of earning capacity,
past and future pain and suffering, past and future disability, past and
future impairment of the enjoyment of life, past and future loss of society
and companionship, past and future loss of consortium, past and future
loss of the value

of life,

damages

1

for alleged violations of civil rights,

 punitive damages, exemplary damages, statutory damages and any other
type of damages, whether known or unknown and whether based on State

or Federal law, resulting from the incidents, events and circumstances
described in the complaint, or arising out of the conditions of confinement
the claimant experienced at Green Bay Conectional institution while on

the BAP, or both, or which could have been sought in any civil action
based on the events outlined in the complaint'

f.

Releøsed pørties means the State of Wisconsin, the

of

Con:ections, and

all of their

'Wisconsin

Department

current and former officers, agents,

employees, successors, assigns, personal representatives and insurers.

2.

Claimant claims that he sustained certain personal injuries and other damøges

from violation of his constitutional rights by various employees of the State of
Wisconsin. As a result, he filed the complaint.

3. WHEREAS,

the defendants desire to compromise and settle all claims which

claimant may have against them and against any and all other persons and entities
arising out of the events and circumstances which are the subject of the complaint.

4.

The State of Wisconsin on behalf of the released parties shall remit payment of
the total sum of $26,875.00 to the Davis & Kuelthau within 20 business days of
the execution of this Agreement.

5.

In consideration of the above payment and waiver of restitution, receipt of which

is hereby

acknowledged, claimant, for himself and his heirs, administrators,

executors, successors, personal representatives, and assigns, does hereby release
and forever discharge the released parties from any and all manner of action or

2

 actions, cause or causes of action, suits, debts, covenants, agreements, liabilities,

rights, damages, costs, claims of interest, awards of attomey's fees, claims and
demands of every kind and nature whatsoever, in law or equity, whether based on

State or Federal law, which the claimant now has or may

against the released parties,
circumstances set forth

in the future

have

or any of them, arising out of the events and

in the complaint, or arising out of the conditions of

confinement the claimant experienced at Green Bay Correctional Institution while
on the BAP, or both, or which could have been sought in any civil action based on

the events outlined in the complaint. In addition, claimant so releases and

so

discharges all other persons, corporations, and entities whatsoever, governmental
and non-governmental alike, such as could be classified as joint tortfeasors under

the laws of the State of Wisconsin or the United States, completely barring any
right of action against any such tortfeasors whether or not named herein.

6.

This Release and Settlement Agreement shall also be deemed to be a covenant by

the undersigned not to sue any of the released parties for any of the matters
released or discharged by this Agreement. The claimant agrees to indemnify,
defend and hold harmless each released party from any obligation, liability, claim

or expense (including reasonable attomeys' fees) resulting from a breach of this
covenant not to sue.

7.

The claimsnt agrees that in making this Agreement he is relying on his own
judgment, belief and knowledge as to all of the issues and all phases of his claims,

including the nature and extent and duration of his symptoms and injuries. The
undersigned warrants and acknowledges that he is not relying on representations

J

 or

statements made

by any of the released partíes or anyone representing or

employed by them.

8.

This Release and Settlentent Agreement is a full, final and complete compromise
and settlement of a disputed claim.

It is understood and agreed by the undersigned

that this settlement is the compromise of a disputed claim, that any payment made

hereunder is not to be construed as an admission of liability on the part of the
released

parties herein, and that

said.

released partiesherein deny liability or any

wrongdoing and intend merely to avoid litigation and buy their peace.

g. By signing this Release

and Settlement Agreement, the claimqnt watranfs and

represents that he was not married at any time covered in the allegations made in
the complaint.
10.

By signing this Release and Settlement Agreement, the claimant rcpresents and
warrarits that he has not assigned, encumbered or transferred any claim or claims

which he may have against any of the released parties and that he has
knowledge

of any other person, flrm,

no

corporation, organization, association,

governmental entity, insuránce company, health care provider or other third party
who has a claim against any of the released parties for any of the above described
released claims directly or by way of subrogation rights under an insurance plan
or policy.
11.

As further consideration, the claimant agrees to indemnify and hold harmless the
released

parties andthe State of Wisconsin from any obligation, liability, claim or

expense (inctuding reasonable attorney fees) resulting from any claim or lawsuit

filed against the released parties, or any of them, or against any other person or

4

 entity, based on any claim, lawsuit or action by claimanl arising out of the
incidents described

in the contplainÍ, or the conditions of

conf,inement the

claimant received at Green Bay Correctional Institution while on the BAP, or
both, or which could have been sought in any civil action based on the events
outlined in the complaint.
12.

The undersigned further agree that counsel for the parties

will

stipulate to

dismissal of the complaint without an award of attorney fees or costs to any party.

i3.This Release ancl Settlement Agreement shall be binding upon the claimant and
upon the heirs, executors, administrators, personal representatives, successors and
assigns of the claimant.
14.

This Release arul Settlement Agreement has been read and understood by the
undersigned before

si

gning.

15. This Release and Settlement Agreement may be executed in counterparts'

5

 wN),

Signed and sealed at

r4L

County, Wisconsin,

thisþ---

day

Corw^'Eln

I4

l

CAUTION: READ BEFORE SIGNING

mant

STATE OF

CONSIN

COUNTY

løøln"at

)
)
)

SS

14, before me, the undersigned Notary
day
On this
to
me to be the person whose name is
known
claimant,
personally
appeared
Public,
subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes therein contained.
WITNESS MY HAND AND OFFICE

N
My Commission Expires:

0^054Òt7

6

S

 CONSENT OF ATTORNEY AND SETTLEMENT OF ACTION

The undersigned, an attorney of record for claimant John Townsend and in
accordance with Wis. Stat. $ 757,38, hereby consents to the above settlement,

{2

tl

Dillon J. Ambrose
Davis & Kuelthau SC
11 1 East Kilbourn Avenue, Suite 1400
Mil wau kee, W

I

53207- 661 3

CONSENT OF'ÄT:TORNEY ÄND SET"TLN,MENT OF ACTION
Defendan ts, by their attorney
.l

f, fut/
^4.**/",
Date

éa
SULLIVAN
Assistant Attorney General
State Bar #1030932
Attorneys for Defendant
'Wisconsin
Departrnent of Justice
Post Office Box 7857

Madison, Wisconsin 53'l 07 -7 857
(608)267-2222

7
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