Adam Mueller Settlement

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1 GENERAL RELEASE AND SETTLEMENT AGREEMENT In consideration of Thirty-Two Thousand Five Hundred ($32,500.00) Dollars and other considerations, I, ADAM MUELLER, (hereinafter “plaintiff”) hereby remise, release, and forever discharge, TODD M. DODGE, CHAD SUMNER, WILLIAM GORDON, JESSE SINCLAIR, STEVEN HICKEY, S. DANIEL McCARTHY, OTHER GREENFIELD POLICE OFFICERS and the TOWN OF GREENFIELD, their current and former officers, agents, directors, counsel, subsidiaries predecessors, successors, heirs, assigns and insurers, and TRIDENT INSURANCE COMPANY, their officers, agents, directors, counsel, subsidiaries predecessors, successors, heirs and assigns, (hereinafter the "Releasees"), from any and all debts, demands, claims, actions, causes of action, suits, damages, costs, loss of service, expenses (including attorneys' fees) and any other compensation of any kind whatsoever, both in law or in equity, including, without limitation, personal injuries and property damage, loss of consortium, (and all related claims) that they now had or ever had from the beginning of the world to this date and more especially on account of the claims of/under 42 U.S.C. § 1983, M.G.L. c. 12, § 11I, malicious prosecution, abuse of process, intentional infliction of emotional distress, First Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Sixth Amendment to the United States Constitution, Massachusetts Declaration of Rights, for compensatory damages, punitive damages, for the costs of the action, for reasonable attorneys’ fees and/or any other such relief as the Court may have deemed just, arising out of events and circumstances involving the plaintiff’s claims against the defendants as described in the complaint entitled, Adam Mueller v. Todd M. Dodge, et al., U.S.D.C. CA No. 13-11566- LTS, currently pending at the United States District Court for the District of Massachusetts. THE CLAIMS RELEASED SPECIFICALLY INCLUDE ALL CLAIMS RESULTING

description

Adam Mueller's settlement with the City of Greenfield over his 2010 arrest for recording police.

Transcript of Adam Mueller Settlement

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    GENERAL RELEASE AND SETTLEMENT AGREEMENT

    In consideration of Thirty-Two Thousand Five Hundred ($32,500.00) Dollars and other

    considerations, I, ADAM MUELLER, (hereinafter plaintiff) hereby remise, release, and

    forever discharge, TODD M. DODGE, CHAD SUMNER, WILLIAM GORDON, JESSE

    SINCLAIR, STEVEN HICKEY, S. DANIEL McCARTHY, OTHER GREENFIELD

    POLICE OFFICERS and the TOWN OF GREENFIELD, their current and former officers,

    agents, directors, counsel, subsidiaries predecessors, successors, heirs, assigns and insurers, and

    TRIDENT INSURANCE COMPANY, their officers, agents, directors, counsel, subsidiaries

    predecessors, successors, heirs and assigns, (hereinafter the "Releasees"), from any and all debts,

    demands, claims, actions, causes of action, suits, damages, costs, loss of service, expenses

    (including attorneys' fees) and any other compensation of any kind whatsoever, both in law or in

    equity, including, without limitation, personal injuries and property damage, loss of consortium,

    (and all related claims) that they now had or ever had from the beginning of the world to this date

    and more especially on account of the claims of/under 42 U.S.C. 1983, M.G.L. c. 12, 11I,

    malicious prosecution, abuse of process, intentional infliction of emotional distress, First

    Amendment to the United States Constitution, Fourth Amendment to the United States

    Constitution, Sixth Amendment to the United States Constitution, Massachusetts Declaration of

    Rights, for compensatory damages, punitive damages, for the costs of the action, for reasonable

    attorneys fees and/or any other such relief as the Court may have deemed just, arising out of

    events and circumstances involving the plaintiffs claims against the defendants as described in

    the complaint entitled, Adam Mueller v. Todd M. Dodge, et al., U.S.D.C. CA No. 13-11566-

    LTS, currently pending at the United States District Court for the District of Massachusetts.

    THE CLAIMS RELEASED SPECIFICALLY INCLUDE ALL CLAIMS RESULTING

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    FROM ANY INJURY OR LOSS, WHETHER KNOWN OR UNKNOWN AND

    UNANTICIPATED, AND ALL CONSEQUENCES THEREOF, INCLUDING DEATH, AS

    WELL AS ALL CLAIMS WHICH ARE ASSERTED OR WHICH COULD HAVE BEEN

    ASSERTED IN LITIGATION FROM SAID CLAIMS.

    The plaintiff hereby acknowledges that the Releasees have agreed to compromise this

    claim to avoid the burden and expense of protracted litigation; therefore, neither the fact of

    compromise nor any payment made pursuant to the GENERAL RELEASE shall be construed to

    be an admission of liability by the Releasees.

    The plaintiff hereby agrees to waive all attorneys fees and agrees to indemnify and hold

    harmless the Releasees from any other claims, costs, charges, liens, expenses and attorneys' fees

    arising from any one or more of the following and growing out of the events and circumstances

    hereinbefore referred to above:

    a. Medical and/or hospital insurance benefits paid or hereinafter paid to or on behalf of the Claimant and Medical and/or hospital services rendered to or on behalf of the Claimant; Any Liens from any source;

    b. Any and all actions, causes of action, suits, claims, demands, proceedings,

    that arise or may arise out of or in connection with said incident and events which are the subject matter of Adam Mueller v. Todd M. Dodge, et al., U.S.D.C. CA No. 13-11566-LTS;

    In consideration of the agreement made by Releasees in relation to this GENERAL

    RELEASE, the plaintiff further agrees that all financial terms of the GENERAL RELEASE shall

    be kept confidential (except for the fact of compromise) and such terms shall not be disclosed to

    any person not a party to the compromise, nor shall such financial terms be disclosed by

    plaintiffs representatives to any non-parties including, without limitation, disclosure to any

    written publication.

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    The parties do not intend by any provision of this Agreement to create any rights in or

    increase the rights of any third party beneficiaries, nor to confer any benefit upon or enforceable

    rights under this Agreement or otherwise upon anyone other than Releasees and the Plaintiff.

    Specifically, the parties acknowledge that nothing in this Agreement shall extend or increase the

    rights of any third party claimants or the liability or obligations of Releasees

    The plaintiff enters into this agreement with the understanding that this settlement is paid

    to settle his personal injury claims, but that payment does not amount to, and is not to be

    construed as, an admission by the defendants.

    This Agreement constitutes the whole understandings, discussions, and agreements by and

    between Defendants and Releasees. The terms and provisions of this Agreement are contractual

    and not mere recitals. Releasees and Plaintiff acknowledge that there have been no oral, written,

    or other agreements of any kind as a condition precedent to or to induce the execution and

    delivery of this Agreement. Any written or oral discussions conducted prior to the effective date

    of this Agreement shall not in any way vary or alter the terms of this Agreement.

    This Agreement shall not be changed, amended, or altered in any way except in writing

    and executed by both Releasees and Plaintiff.

    This Agreement shall be governed by and controlled by the laws of the Commonwealth of

    Massachusetts.

    In the event that one or more provisions of this Agreement shall be declared to be invalid,

    illegal, or unenforceable in any respect, unless such invalidity, illegality, or unenforceability shall

    be tantamount to a failure of consideration, the validity, legality, and enforceability of the

    remaining provisions contained in this Agreement shall not in any way be affected or impaired

    thereby.