HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE_ NOAH KOSTON 6\*S4
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SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and the General
Release (hereinafter"Agreement") by and between Noah Koston, (hereinafter"the Releasor"or
"Plaintiff")Augusta Richmond County Sherriff's Office and Augusta Georgia (referred herein as
"Sheriff's Office or Releasee").The term "Releasee" as used herein shall be defined as Augusta
Richmond County Sheriff's Office and Augusta, Georgia and all current and former
commissioners, employees, servants, agents, officials, insurers, and attorneys, in their official
and individual capacities,together with their predecessors, successors and assigns, both jointly
and severally. In consideration of the mutual covenants and agreements set forth below, the
parties agree as follows:
RECITALS
Noah Koston (henceforth the Plaintiff)was an inmate at Phinizy Road. He was arrested on
April 5th 2015. On or about April 12th 2015 he requested and was moved to protective custody.'
On or about June 7th 2015 DeAnthony Jones(who was also in protective custody and henceforth
Jones) entered the Plaintiff's room punching him repeatedly in the face.'The Plaintiff suffered
blackened eyes and aggravated (pain only) a previous head fracture (per the SOAP notes). The
Plaintiff did not suffer any long-term injury(although he alleges PTSD).The Plaintiff was taken
to the hospital and his bills (which RCSO has not paid)totaled about$1500.00.The Plaintiff was
1 Per policy a form is filled out the by the inmate requesting protective custody.This form is required before an
inmate can be placed in protective custody.
1 The Plaintiffs door was open because he was allowed out of his cell.Jones was also out of his cell.This was a
potential violation of RCSO policy.
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requesting$20,000, (twenty thousand dollars). Based upon extensive negotiations the parties
have agreed to a settlement of$7,200, (seven thousand two hundred dollars).
The Sheriff's Office and Augusta Georgia denies and continues to deny any liability to the
Releasor for claims arising out of Plaintiff's claim. Releasor enters into this Release in order to
provide for certain payments in full,final and complete settlement, satisfaction and discharge
of any and all past, present or future claims which are or which might have been the subject of
the Claim upon the terms and conditions set forth herein. Releasor desires to release, acquit
and forever discharge Augusta Richmond County Sherriff's office and Augusta Georgia their
respective past, present, and future employees, partners, officers, directors, shareholders,
principals, parents, direct or indirect subsidiaries and subsidiaries thereof, affiliates, divisions,
agents, representatives, predecessors, successors, insurers, attorneys and assigns (collectively
"Releasees").
NOW THEREFORE, Releasor agree as follows:
1. RELEASE BY RELEASOR. In consideration of the payment of$7,200(seven thousand two
hundred dollars), Releasor has agreed to settle all claims against the Sherriff's Office and
Augusta Georgia, the receipt and sufficiency of which is hereby acknowledged, Releasor
does hereby fully,finally, and completely release, acquit and forever discharge the
Releasees of and from any all past, present or future claims, demands, obligations,
lawsuits, actions, causes of action, loss of consortium claims,wrongful death claims,
rights, damages, costs, expenses and compensation of any kind or nature whatsoever,
known or contract, or other theory of recovery, and regardless of the theory of
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damages,which Releasor ever had, now have, or which may hereinafter accrue or
otherwise be acquired on account of, or in any way growing out of, related to, or arising
from, in any manner or fashion,to the Releasor' s claims, alleged violation of failure to
maintain a lane, improper lane change or other similar charge.This release on the part
of Releasor shall be a fully binding and complete settlement between Releasor and
Releasees. In addition, it is specifically understood that the Payment is intended to
compensate the Releasor for injuries, and other general damages including economic
and non-economic damages. Releasor specifically agrees that in consideration Releasor
releases any and all claims that he ever had, now has or may have for items or damages
whether general or specific or punitive or exemplary, based upon, arising out of, relating
to, or connected directly or indirectly to this action.
2. RELEASE BY RELEASEES. Except as otherwise provided in any assignment of claims to
Releasees, as part of this negotiated settlement agreement Releasees do hereby fully
finally and completely remise, release, acquit and forever discharge the Releasor from
and all past, present or future claims, demands, obligations, lawsuits, actions, causes of
action, rights, damages, costs expenses and compensation of any kind or nature
whatsoever, related to this Action.
3. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release is the
compromise of doubtful and disputed claims and that the Payment made is not be
construed as an admission of liability, negligence,willful and wanton conduct, or fault of
any kind whatsoever by Releasees, nor the validity of any claim to damages, but is to be
construed as a compromise and settlement of all issues for purposes of avoiding
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controversy, litigation and expense. Releasor further agrees that all claims or
allegations of fault, liability, negligence, and legal responsibility have been and are
denied by Releasees.
4. INDEMINFICATION BY RELEASOR. Releasor, in consideration of the promises set forth
herein,the receipt and sufficiency of which is hereby acknowledged, hereby agrees to
defend, indemnify and hold harmless Releasees against any and all claims, demands,
and causes of action, including, but not limited to claims for contribution and indemnity,
based upon allegations of negligence, strict liability or any other allegation of fault by
Releasees that are asserted by any person or entity based upon any claim that the
Releasor may hereafter make on account of, based upon, relating to or arising out of the
Property damage.This indemnification does not apply to any claims assigned to
Releasees pursuant to paragraph one above.
5. ATTORNEYS FEES AND COURT COSTS: As between Releasor and Releasees, each party
shall bear its own attorney's fees and expenses and court costs incurred in connection
with the lawsuit,this Release,the matters and documents referred to herein,the entry
of a final judgment and or dismissal and all related matters.
6. RELEASORS REPRESENATIONS AND WARRANTIES: In return for the foregoing
consideration,the Releasor hereby warrants and represents that he is the sole owner of
any claims, rights, counts, causes of action, obligations and demands released by the
Releasor pursuant to this Release and which are in fact, released by the Releasor
pursuant to this Release and that no other persons or entities have any interest in any
claims, rights, counts, causes of action, obligations or demands which the Releasor
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releases pursuant to this Release and further covenants that he has not assigned any
claims the may have against the Releasees to any person or entity.
7. EXECUTION: Releasor represents and warrants that the person executing this
Agreement is duly authorized to do so,that this Agreement constitutes a valid and
binding obligation and that he is authorized to act on behalf of all persons or entities
described in this Releasee's definition of Releasor concerning all matters addressed in
this Agreement.
8. SUCCESSORS:This Release shall be binding jupon and inure to the benefit of the Parties
and their respective successors and assigns.
9. ENTIRE AGREEMENT: Releasor hereby agrees and represents that no promise or
agreement not herein expressed has been made to him, and that this Release contains
the entire understanding of the Releasor regarding the matters contained herein and
that the terms of this Release are contractual and not merely a recital.
SIGNATURES ON FOLLOWING PAGE:
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IN AGREEMENT HERETO,THE RELEASOR OR HIS REPRSENTATIVE AND THE
REPRESENTATIVE OF AUGUSTA GEORGIA SET THEIR HAND AND SEAL.
Noah Koston
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1/0/ 1 �\\\ Robert Homlar Attorney for Releasor
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