RELEASE AND SETTLEMENT AGREEMENT

This Release and Settlement Agreement (the ?Agreement?) is entered into this 25th
day of June, 2018, by and between the Estate of Aaron Bailey (referred to herein as
?Plaintiff?) and the City of Indianapolis, the Indianapolis Metropolitan Police Department,
Of?cer Carlton Howard, and Of?cer Michal Dinnsen (referred to herein as ?Defendant?).
Plaintiff and Defendant are collectively referred to herein by name or as ?the Parties.?

WHEREAS, a dispute has arisen between the Parties relatingto force used'during a
police action shooting on june 29, 2017;

. WHEREAS, the dispute resulted in litigation in the United States District Court for
the Southern District of Indiana under case number (the
?Lawsuit?); and

WHEREAS, the Parties desire to resolve and settle their disputes and forever put all
claims to rest. .

NOW, THEREFORE, in consideration of the covenants and promises contained
herein, the Parties agree as follows:

1. Payment. Defendant shall pay to Plaintiff the sum of $650,000.00 in the form of
a check made out to Kaipe Litigation Group as attorneys for the Estate of Aaron Bailey.
That check shall be mailed to 19 West 19th Street, Indianapolis, IN 46202.

The City of Indianapolis agrees to continue its implementation of de-escalation
training for all members of the Indianapolis Metropolitan Police Department. This training
will be designed to avoid having interactions between the police and the public escalate into
the type of tragic loss of life that occurred on june 29, 2017 when Aaron Bailey was killed in
a police action shooting.

IMPD will provide the public an opportunity to learn about the specifics of this de?
escalation training offering three community sessions open to the public.

IMPD Chief of Police Bryan Roach shall meet privately with the family of Aaron
Bailey within the next 30 days to discuss the incidents surrounding the death of Aaron Bailey
and efforts to help avoid similar outcomes in the future.

2. Release. Plaintiff, for herself and any shareholders, partners, members, directors,
officers, employees, agents, heirs, executors, assigns, and successors in interest, hereby fully
and completely releases and forever discharges Defendant and all of its present and future
directors, officers, employees, agents, heirs, executors, assigns and successors in interest
from any and all known or unknown claims, demands, rights of action, damages, costs, loss
of services, expenses (including attorneys? fees), or liabilities that arise out of or relate to the
facts, transactions, or occurrences underlying any of the claims in the Lawsuit, regardless of
whether those claims were or could have been asserted in the Lawsuit. The bene?ciaries of
this release shall be referred to herein as ?Released Parties.? For the avoidance of doubt, the
Consolidated City of Indianapolis and Marion County and its departments, agencies, boards,

 

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directors, officers, employees, agents, heirs, executors, assigns, insurers, and successors in
interest are Released Parties.

3. Dismissal of Lawsuit. Plaintiff agrees to execute and file a stipulation dismissing
with prejudice all claims asserted in the Lawsuit within seven calendar days of the delivery
of payment under Paragraph 1. Each party shall bear its own costs, expenses, and legal fees.

4. Non Admission. Plaintiff acknowledges that this Agreement represents a
compromise and settlement of disputed claims and that Defendant denies any liability on all
claims asserted. This Agreement should not be construed as an admission of any liability or
wrongdoing.

5. No Third Party Bene?ciaries. The Parties agree that no provision of this
Agreement is intended to establish any other person as a third~party bene?ciary except as
stated explicitly herein or to authorize any nonsparty to this Agreement to maintain any
action under its terms.

6. Confidentiality Non-Disparagement. To the fullest extent permitted by law,

Plaintiff and its employees, representatives, and agents shall not disparage Defendant.
Plaintiff shall also maintain as confidential, and shall not disclose to or discuss with any third
party, any of the discussions or negotiations with Defendant relating to this Agreement.
Notwithstanding the foregoing, nothing in this Agreement shall prevent disclosures required
under any federal or state law, and nothing in this Agreement shall prevent Plaintiff from
providing a good faith response to any inquiries under oath, from complying with an order
duly issued by a court of competent jurisdiction, from responding to a governmental inquiry,
from disclosing the terms of the Agreement in any court proceedings instituted to enforce
the Agreement?s terms, or from disclosing the terms of settlement to accountants for
accounting or tax purposes. Nor shall this Paragraph abridge the rights or obligations of any
attorney under the Rules of Professional Conduct applicable to such attorney. Permitted
disclosures under this paragraph must be preceded by written notice to the Of?ce of
Corporation Counsel, and Plaintiff agrees to assist the Office of Corporation Counsel in all
efforts to secure a protective order or other appropriate assurance of con?dentiality before
such disclosures are made.

7. Public Disclosure Obligations. Nothing in this Agreement shall be construed to
relieve the Consolidated City of Indianapolis and Marion County of its legal duties to
provide access to public records as required and/ or permitted by law. For the avoidance of
doubt, nothing in this Agreement shall be construed to limit the Consolidated City of

Indianapolis and Marion County?s authority or discretion to release public records.

8. Further Legal Action; Fee Shifting. if Plaintiff institutes any further legal or
equitable action in any state, federal, or local court or tribunal and such action is determined
to be barred under Paragraph 2 of the Agreement, Plaintiff shall be liable for all attorneys?
fees and costs incurred by the Released Parties in defending that action. Moreover, should
litigation arise regarding any alleged breach of this Agreement, the prevailing party in such

litigation shall be entitled to recover all reasonable costs and attorneys? fees incurred.

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9. Warranty Agreement Regarding Liens, Government Bene?ts. Plaintiff

agrees and warrants that all medical aid, hospital services, doctor services, or
services, services, chiropractic services, nursing, drugs, funeral
and burial expenses, property damage, attorneys? fees or liens, workers compensation liens,
and any and all government bene?ts, including but not limited to Social Security Disability,
Supplemental Security Income, Medicare, Medicaid, and medical and hospital liens, past,
present, and future, arising from facts, transactions, or occurrences underlying any of the
claims in the Lawsuit have been or will be satis?ed by Plaintiff himself or herself, including
any set asides, if necessary. Plaintiff further agrees to indemnify, hold harmless, and defend
the Released Parties from any and all such clainis, demands, actions, and causes of action of
any nature or character which may have been or may be asserted against them by any
person, insurer, firm, company, corporation, and/ or agency asserting any claims, liens, or
interests covered by this Paragraph. The indemnity in this section shall include, but not be
limited to, any health care provider liens; workers compensation liens; medical or workers
compensation insurance company liens; any subrogation rights; governmental or non?
governmental liens; amounts paid to or on behalf of Medicare, Medicaid, or any
governmental program agency; any liens in favor of a hospital or medical practitioner; or any
other class of benefits paid to or payable to Plaintiff as a result or consequence of the facts,
transactions, or occurrences underlying any of the claims in the Lawsuit. Plaintiff further
agrees to provide the Of?ce of Corporation Counsel evidence that such claims or liens have
been satis?ed in full within fourteen days of their satisfaction.

10. Interests of Medicare Medicaid. Medicare and Medicaid?s interests have
been considered under the Medicare Secondary Payer Act, 42 U.S.C. 1395y(b)(2), and
those interests will be the sole responsibility of Plaintiff and its successors, assigns, and
attorneys. The Released Parties will have no ongoing responsibility for any loss of Medicare
or Medicaid bene?ts or for any recovery, including past, present, and future conditional
payments, that the Centers for Medicare and Medicaid Services, the Medicare Secondary
Payer Recovery Contractor, or any other of Medicare?s or Medicaid?s intermediaries may
pursue as a result of or arising from the facts, transactions, or occurrences underlying any of
the claims in the Lawsuit. Plaintiff accepts full responsibility for all past, current, and future
medical treatment, will ensure that there is no burden shift of such responsibility to the
Released Parties, and will fully consider Medicare?s and Medicaid?s interests to ensure
compliance with the Medicare Secondary Payer Act, 42 U.S.C. 1395y.

 

11. Severability. In the event that any provision of this Agreement is held invalid,
the remainder of this Agreement shall remain fully enforceable. No ruling or ?nding that any
term or provision of this Agreement is invalid or unenforceable shall affect the validity or
enforceability of the remaining terms and provisions hereof or the validity or enforceability
of the offending term or provision in any other jurisdiction.

12. Negotiation 8: loint Drafting. The Parties acknowledge and agree that this
Agreement is the result of negotiations between them and that no party shall be deemed the

drafter of the Agreement. The language of the Agreement shall in all cases be construed
according to its fair meaning, not strictly for or against any Party.

13. Voluntary Execution. Each Party acknowledges that it has voluntarily executed
this Agreement after having an opportunity to (1) read and carefully study the entire

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Agreement and (2) consult with counsel if so inclined. Each Party further acknowledges that
it enters into this Agreement of its own free will and volition.

14. Authority; Signature. Plaintiff represents and warrants that the person executing
this Agreement on its behalf has authority to do 50. Plaintiff further agrees to execute this
Agreement before a notary public. No payment will be made under Paragraph 2 until the
executed and notarized Agreement is returned. Defendant represents and warrants that the
person signing on its behalf is a representative authorized under Section 202-103(6) of the
Revised Code of the Consolidated City of Indianapolis and Marion County. That
representative signs on behalf of Defendant and not in his or her individual capacity.

15. Applicable Law and Forum Selection. The Agreement shall be construed in
accordance with the laws of the State of Indiana. The Parties agree that any action brought
to enforce any term or terms of this Agreement shall be brought and exclusively maintained
in the state or federal courts situated in Marion County, Indiana. Plaintiff consents to the
personal jurisdiction and venue of those courts.

- 16. Copies. A copy of this fully executed Agreement shall have the full force and
effect of the original signed Agreement.

17. ENTIRE AGREEMENT. IT IS EXPRESSLY WARRANTED THAT
THIS AGREEMENT CONSTITUTES THE COMPLETE AND FINAL AGREEMENT
BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF
AND SUPERSEDES AND CANCELS ALL PRIOR OR CONTEMPORANEOUS
AGREEMENTS, UNDERSTANDINGS, DISCUSSIONS, OR REPRESENTATIONS
REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER ORAL
OR WRITTEN. EACH PARTY REPRESENTS AND WARRANTS THAT NO
PROMISE OR INDUCEMENT NOT CONTAINED HEREIN HAS BEEN OFFERED
TO IT, THAT THIS AGREEMENT IS EXECUTED WITHOUT RELIANCE UPON
ANY STATEMENT OR REPRESENTATION NOT EXPLICITLY SET FORTH
HEREIN, AND THAT IT HAS HAD THE OPPORTUNITY, IF SO INCLINED, TO
SEEK THE ADVICE OF AN ATTORNEY REGARDING THE MEANING AND
LEGAL EFFECT OF ALL CONDITIONS AND TERMS CONTAINED IN THIS
AGREEMENT, INCLUDING THIS SECTION. THIS AGREEMENT MAY NOT BE
MODIFIED OR AMENDED, NOR ANY OF ITS TERMS WAIVED, EXCEPT BY
WRITTEN INSTRUMENTS SIGNED BY EACH OF THE PARTIES.

The above was executed on this 92$ day of 2/7 XL.
#465; 5mg! L9 

stag?y Bailey 0 Donald E. of Defendant)
- Office of Corporation unsel

 

 

ur-s . 
Craig R. (ES Donald E. 
Karpe 'tiga 11 Group Chief Litigation Counsel
(Agreed as to Form Only) (Agreed as to Form Only)

 

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ACKNOWLEDGEMENT OF NOTARY PUBLIC

State of Indiana

CmmWof 

 

I am a Nota/ blic in and for the County and State identi?ed above.

. Qtuic l3? 
6 ill GL5 HXRJ i? ivo/l?liL/the party granting the
release described in the foregoing Release and Settlement Agreement, personally appeared

before me on Xi Whi- ?9 C9 1% and executed and/or acknowledged

executing the foregoing Release and Settlement Agreement for the purposes stated therein.

H, . 1.3
(l 1'th I) 9%}le 
Signature diotaq Public - l?i?Dl i 

My commission expires on i i lLi'i if} 3'
E\la?io?1

County of residence:

 

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