HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE_ SUSAN TREAT, ET AL. V. MATTHEW PERKINS, ET. AL_ SUSAN TREAT SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the "Agreement") is made this I1tt'day of
LJyY 2017, by and between Matthew P. Perkins ("Defendant") and Susan Treat
("Plaintifr') (collectively the"Parties"),
WHEREAS, Plaintiff contended that on October 1 , 2012, Defendant
and other law enforcement officers unlawfully entered and searched the Plaintiff's residence
located at 133 Powerline Drive in Burke County, Georgia without a search warrant, consent, or
legal justification, and that the Defendant and other law enforcement officers detained the
Plaintiff against her will and held her at gunpoint,and that the Defendant failed to engage in well
intentioned attempts to locate the correct address to search and as a result the Plaintiff sustained
injuries and has made claims pursuant to 42 U.S.C. § 1983 against the Defendant. Defendant has
denied Plaintiff's claims and alleges that Defendant acted in good faith and reasonable at all
times relevant to the Plaintiff's allegations.
WHEREAS, Plaintiff has filed a Complaint entitled, Susan Treat, et al v. Matthew P.
Perkins, et al, Case No. 1:14-CV-00174 in the United States District Court for the Southern
District of Georgia, Augusta Division (the "Action"); and Defendant has filed an answer (the
"Answer");and.
WHEREAS, the Parties hereto desire to compromise, settle, and release any and all
claims arising out of and relating to the Plaintiff's Claims,the Action,or the Answer.
NOW THEREFORE in consideration of the mutual promises and covenants set forth
herein,the Parties agree as follows:
1. After receipt of Plaintiff's signature to this Agreement, and receipt of a completed
W9 from the Plaintiff's attorney a settlement check in the amount of $16,666.67 (Sixteen
Thousand, Six hundred Sixty-six Dollars and 67/100) payable to Susan Treat and Pate &
Johnson, LLC, 101 Marietta Street, Suite 3300, Atlanta, Georgia 30303 in full and final
satisfaction of any released Claim under this Agreement(the"Settlement Amount").
2. Dismissal of Action. The Plaintiff shall dismiss the Action with prejudice upon
the execution of this Agreement. Each party shall bear its own costs and fees.
3. Attorney's Fees And Court Costs:Each party shall bear its own attorney's fees,
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.
4. Release by Plaintiff. In consideration of the promises contained herein and the
relinquishment of her legal rights regarding any claims arising out of or related to the Action and
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the Answer, Plaintiff, herself, her heirs, successors, legal representatives and assigns, do hereby
release, acquit and forever discharge Defendant, the Richmond County Board of Commissioner,
the Richmond County Sheriff's Office, Augusta-Richmond County, Georgia and all of their
affiliates without limitation, their officers, employees, agents, assigns, successors, servants, and
representatives (including attorneys), together with any and all other persons, Firms and/or
corporations who are or might be liable (collectively, the "Defendants Released Parties"), from
any and all claims, liabilities, demands, suits, and causes of action of every nature and kind,
whether vested or contingent,accrued or not, known or unknown, in law or in equity,matured or
not,whether or not such claims were or could have been brought or raised in the Action, or as a
result of any claims of the Plaintiff; including without limiting the generality of the foregoing,
those claims expressly raised in the Action, those arising out of or relating to the facts,
circumstances, or occurrences surrounding the above-mentioned Action, and those arising out of,
relating to or resulting from the facts, circumstances, or occurrences concerning the Plaintiff
Claims.
5. Parties: This document sets forth the terms and conditions of the
Agreement by and between Plaintiff and Defendant. The term"Defendants"as used herein shall
be defined as the 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:
6. Release of Unknown Claims. This Agreement covers and includes all claims that
Plaintiff has against the Released Parties up to and including the date of this Agreement,whether
actually known or not, despite the fact that any applicable state and/or federal law may provide
otherwise.
7. Settlement Not an Admission of Liability. It is expressly understood and agreed to by
and among the undersigned hereto that by entering into this Agreement, Defendant hereto denies the truth
of the allegations made by any other party,and this is a compromise of a disputed claim,which should
not be construed as an admission of liability on the part of any party.Plaintiff 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 Defendants,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 controversy,litigation and
expense. Plaintiff further agrees that all claims or allegations of fault, liability,negligence,and
legal responsibility have been and are denied by Defendants.
8. Tax Considerations. This Agreement is a result of a "contested liability" that
was disputed in good faith. The Released Parties make no representations regarding tax
consequences, if any,pursuant to this Agreement.
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9. Assigns and Successors-in-Interest. This Agreement shall be binding upon and
inure to the benefit of the Parties heirs, successors, and assigns.
10. Agreement Fully Read and Understood. This Agreement has been carefully read
by the undersigned and the contents are known and understood by the undersigned. The recitals
stated above are incorporated herein by reference. The undersigned have each received
independent legal advice from the attorneys of their choice with respect to the preparation,
review, and advisability of executing this Agreement. Prior to execution of this Agreement by
each party, the undersigned's attorneys reviewed the Agreement, and the undersigned
acknowledge that they have executed this Agreement after independent investigation and without
fraud,duress,or undue influence.
11. Applicable Law. The existence, validity, construction and operation of this
Agreement, and all of its covenants, agreements, representations, warranties, terms, and
conditions, shall be determined in accordance v‘ith the laws of the State of Georgia.
12. Entire Agreement. This Agreement sets forth the entire agreement between the
undersigned, and fully supersedes any and all prior and/or contemporaneous agreements or
understandings between the undersigned, which pertain to the subject matter hereof. The terms
of this Agreement may not be contradicted by evidence of any prior or contemporaneous
agreement and no extrinsic evidence whatsoever may be introduced to vary its terms in any
judicial proceeding involving this Agreement.
13. Modification. This Agreement may be modified, but only if the modification is
in writing and signed by the undersigned to this Agreement.
14. Severability. Should any provision of this Agreement be declared or determined
by any court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to
be part of this Agreement.
15. Mutual Drafting. This Agreement is the product of negotiations "at arms length"
between the undersigned, both of whom are represented by counsel. As such, the terms of this
Agreement is mutually agreed-upon, and no part of this Agreement will be construed against the
drafter.
16. Indemnification by Plaintiff. Plaintiff, 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 Defendants against any and all claims,demands,and
causes of action, including,but not limited to claims for contribution and indemnity,based upon
allegations of intentional conduct,negligence, loss of consortium claims, strict liability or any
other allegation of fault by Defendant that are asserted by any person or entity based upon any
claim that the Plaintiff may hereafter make on account off, based upon,relating to or arising out
of the alleged occurrence.
17. Execution. PIaintiff 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 she is authorized to act on behalf of all persons or entities described as Plaintiff in this Agreement.
18. Releasors Representations and Warranties. In return for the foregoing consideration;
the Plaintiff hereby warrants and represents that she is the sole owner of any claims,rights,counts,causes
of action,obligations and demands released by the Plaintiff pursuant to this Release and which are in fact,
released by the Plaintiff 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 Plaintiff releases pursuant
to this Release and further covenants that she has not assigned any claims she may have against the
Defendants to any person or entity.
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SIGNATURES ON FOLLOWING PAGE:
IN AGREEMENT IIERETO, THE PLAINTIFF AND THE BELOW
REPRESENTATIVE OF AUGUSTA GEORGIA SET THEIR HAND AND SEAL.
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Approved by:
Jess '. ohnson A • -.1-for Plaintiff
Sworn to and Subscribed
This /iday of 1 Q' 4' 2017.
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