The URL can be used to link to this page

Home My WebLink AboutRELEASE AND INDEMNIFICATION AGREEMENT FOR CHRISTOPHER SEAN KERSEY FOR ($150,000.00) RELEASE AND INDEMNIFIGATION AGGREEMENT KNOW ALL MEN BY THESE PRESENTS: The undersigned, Christopher Sean Kersey, for the sole consideration of ane Hundred Fifty Thousand dellars ($150,000.00} the receip# af which is hereby acknowledged, has remised, released, and forever discharged, and for my heirs release and forever discharge, Bryan Johnson, individually and in his offrcia! capacity as a deputy sheriff o# Richmond County, Georgia; Joey Micheaux, individually and in his afficial capacity as a deputy sheriff of Richrnond County, Geo�gia, Officer John Doe, an unknown deputy sheriff, individually and in his official capacity as a deputy sheriff of Richmond County, Georgia; Off�ce Jane Roe, an unknown deputy sheriff, individually and in her o#Fcial eapacity as a deputy sheriff of Riehmond County, Georgia; Ronald Strength in his individual capaci#y and in his official capacity as the Sheriff of Richmond County, Geargia; Augusta, Georgia and the Augusta-Richmond Gounty Gommission, their successors and �ssigns, heirs, executors, administratars, agents, and employees, and all other persans, �rms and corporations af and fram any and all cfaims, demands, rights, and causes af actions of whatsoever kind and nature a�ising from, and by reason of any and all known and unknown, fareseen and unforeseen bodily and personal injury including but not limited to medica! expenses and lost wages, resulting and to resuit from a certain incident which occu�red on or about Juiy 25, 2009 when the undersigned allegedly was improperly arrested and allegedly unlawfully subjected to excessive use of force by deputy sheriffs with the Richmond County Sheriff's Office at The Counfry Club nightclub located in Augusta, Richmond County, Georgia which the undersigned has clairned the parties released herein to be legaily liable, whfch liability is hereby expressly denied. Said ailegations of the undersigned are more particularly described in the pending action in the U.S. District Court for #he Southem District of Georgia styled Christoqher Sean Kersev v. Augusta-Richmond Countv, et al., bearing Civil Action No. 1:11-cv-0096-JRH-WLB, which allegations and claims are incorporated herein by re�Ference. It is expressly acknowledged and agreed that this Release covers any and all causes ot ac#ion that were brought or caufd have been braugh# in the lawsuit filed by the ' Undersigned against the parties released herein in the United Sta#es District for the Southern District af Geargia styied as Christopher Sean Kersey v. Au�usta-Richmond Countv, et al., bearing Civil Action No. 1:11-cv-0096-JRH-WLB, whether based on contract, tort, federai ar state statute or any other theory of recovery. It is express(y understood that the parties released herein deny any and ali ; liability and that this payment is not to be construed as an admission of liability but is simply made as a compromise settlement of a doubtful and disputed claim. In consideration of the amounts paid hereunder, the Undersigned further agrees to execute a dismissai with prejudice of the pending case in U.S. District Court far the Southem Distr�ct of Georgia styled Chrisfiopher Sean Kersey v. Au,cLusta-Richmond Coun#v. et af., bearing Civil Action No. 1:11-cv-0096-JRH-WLB dismissing the parties released herein with each party bearing their own expenses and attorney fees. The Undersigned expressly agrees ta execute any and aA documents neoessary to campletely, finally and forever terminate said case against the parties �eleased herein finally and forever with each party to bear their own expenses and casts including attorneys' fees and any and all related fitigation expenses. The Undersigned agrees to cooperate ful{y and execute any and all supplementary documents and to take al1 additionai actions which may be necessary ar appropriate to give fult force and effec# to the basic terms of this Release and Indemni#ication Agreement. The Undersigned warrants that na insurance carrier, medical provider ar other entiiy ar persan, incl�ding state and federal gavernmental entities or agencies, has any lien or subrogation interests or claim far reimbursement arising out of the aforesaid occurrence, specifically includ'mg but no# limited to any liens or claims arising out of the payment af workers' �r,ompensation benefits; hospital, medicat expenses, including physician practice anr! hospital bills which were incurred by or on behalf of the Undersigned for treatment of the injuries far which this settlement is made; or if there ' are any such liens, interests, or claims for reimbursemen#, same have E�een or will be satisfied out of the settlement proceeds paid in cflnnection herewith, and the Undersigned wiA save and hold the parties released herein harmiess from, and indemnify them for, any artd a(I claims of any nature whatsoever that may hereafter be asserted against the Releasees by any person, agency or entity claiming any such interest, lien ar reimbursement. In further considerafiion, the undersigned promises to bind himseif and indemnify ' and hold harmless the parties released herein for any sum of money that the parties herein rereased shall be compelled to pay, including attarneys' fees and expense of litigation, to th� undersigned ar any other party, incfuding but nat limited to medical, hospital, and physician claims and/or liens, as a result of the injuries sustained by the undersigned in the above stated incident. The undersigned's obligation to indemnify and hvld harmless the parties released herein include but is not limited to claims af iRdemnificatian ar contribution by any of the co-defiendants in the abave referenced pending action in the U.S. District Cvu�t or ar�y ather party who may bring a claim against the parties released herein relating to the incident referenced herein. The undersigned furtner warrants that at the time af the incident described above, he was single and unmarried. tt is expressly acknowledged by the undersigned that this release does not const�tute a wauier of sovereign ar o#ficiat immunifiy by the pa�ties rel�ased herein. IN WiTNESS WHEREOF, I have hereun#a set my hand and seal this � day of . � , 2011. ..�--.- THIS f A RELEASE�t READ BEFORE SIGNING�� ' �t�� WfTN� "'�. y ;� �� F r � � � �� "°`~�_��- HRISTOPHE SEAN KERSEY `� r.. U NOT +" ,� � �.Ci�. !ti ;W``�a� r. „ � . � ,, �� , t.�u:>� ;, i ' :°1' c.�i�3Yrli:il..+;l ��' �i:�� 72�!`..'"•��I � :�� s 4 II+T T� U1�ITED STATE3 nI$TRICT COORT FOR TI�.. B�tJ➢1'EiFRN DIBTRICT OF GEORGIA , AUGUSTA �IVISION CHRISTOPHER SEAN KERSEY� * * Plaintiff, * * � v. * CV 111-096 � AUGUSTA--RICHMOND COUNTY, * ' through Mayor, Deke * ' Copenhaver, and the County * Commissioners, in their * official capacity, et al., * � k De£endants. * � � ORDB�t � � i On June 28, 2011, Plaintiff fiied suit against Defendants alleging violations of both his federal and state constitutional + rights. On August 22, 2011, Defendant Augusta-Richmond County and � ; � Defendants S�rength and Micheaux filed moti�ns to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. nos. 14 & 11.) The parties have. now submitted to the Court, pursuant to Federal Ru3.e of Civil Procedure 41(a? tl) (A) (ii), a stipulation of dismissal with prejudice. (Doc. no. 34.) Accordingly, this case is hereby DiMISSRD �TFL PRE,7ZTDiCE. Each party sha11 bear its own costs and attorneys� fees. The Clerk is DIRECTED to �ERMIIQliTE a�l deadlines and motions {doc. nos. 10, 11, 33), and CLOSS this case. ORnER SNTERBD at Augusta, Georgia this ��day of February, 2012. HONO LE J. AL HALL STATE$ AISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA