Prison Phone Justice

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION
JAMES A. GOSTON, #N-73283,

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)

Plaintiff,

)
)

V.

)

BARRY BRADY,

)
)
)

Defendant.

Case No. 15-1357-MJR-SCW

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SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and General Release ("Agreement"), is made and entered into
by and between the Plaintiff, James Goston, (hereinafter referred to as "Plaintiff"), and the
Defendant, Barry Brady (hereinafter referred to as "Defendant") and the Illinois Department of
Corrections (hereinafter referred to as "!DOC").

RECITALS
WHEREAS, the Plaintiff filed this lawsuit in the United States District Court for
Southern District of Illinois entitled Goston v. Brady, Number 15-1357-MJR-SCW, (hereinafter
referred to as "Action"), alleging violations of rights protected by statute(s), regulation(s),
common law, the Constitution of the State of Illinois and/or the Constitution of the United States;

WHEREAS, the Defendant denies the allegations and denies any statutory, common law,
constitutional or regulatory violations, and affirmatively states that the Plaintiff has failed to state
a claim upon which relief can be granted;

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WHEREAS, all Parties agree that neither the fact of this Agreement, nor any term or
provision hereof shall be construed as an admission by any party to the Action, the State of
Illinois, or the IDOC of the merit or viability of any claims or defenses asserted by any party to
the Action, or an admission of liability by the Defendant; and

WHEREAS, so as to avoid further expense and in recognition of the positions of the
Parties to the above case, the Parties wish to settle and compromise the pending Action, thereby
terminating this litigation;

IT IS HEREBY AGREED, by and between the Parties as follows:

I.

In consideration for the full and complete settlement of this claim, the Plaintiff

shall receive the payment of the sum of one thousand five hundred dollars ($1,500.00) payable
from appropriations made to the Indemnification Fund administered by the Illinois Department
of Central Management Services pursuant to the State Employee Indemnification Act (5 ILCS
350/0.01 et seq.) with the draft payable to James Goston. The Parties understand that the amount
payable under this Agreement is subject to state laws governing the State Comptroller's
obligation to withhold funds that James Goston may owe to other persons or to state agencies.
The validity of those claims may be contested through applicable state procedures. The IDOC
agrees that it will not seek costs of Plaintiffs incarceration from the aforementioned settlement
payment.

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2.

The Parties understand that the amount payable under this Agreement is subject to

the enactment of appropriations by the General Assembly, the availability of funds in the State
Treasury and the operations of the State Comptroller's office in processing vouchers for
payment.

3.

It is expressly agreed that the Defendant in his individual capacity shall not be

responsible for payment of any sum under this Agreement.

4.

It is further understood and agreed that the above agreed upon terms are not to be

construed as an admission of any liability, such liability having been expressly denied. No
inducements or representations have been made by any agent or attorney of any party hereby
released as to the legal liability or other responsibility of any party claimed responsible. It is
agreed that this release applies to known or unknown injuries, costs, expenses, and/or damages
alleged to have been suffered or incurred by the Plaintiff due to the actions or inactions of the
Defendant as stated in the Plaintiffs complaint filed in the Action, and is intended to be a full
and complete disposition of the entire claim and/or cause.

5.

The Plaintiff, his heirs, successors and assigns, agrees to release, and hereby

releases and forever discharges the Defendant in his individual and official capacity, the IDOC,
the State of Illinois, their agents, former and present employees, successors, heirs and assigns
and all other persons (hereinafter collectively referred to as "Releasees") from all actions,
claims, demands, setoffs, suits, causes of action, controversies, disputes, equitable relief,
compensatory and punitive damages, costs and expenses which arose or could have arisen from

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the facts alleged or claims made in the Action, which the Plaintiff owns, has or may have against
the Releasees, whether known or unknown, from the beginning of time until the effective date of
this Agreement, including but not limited to, those at law, in tort (including actions under 42
U.S.C. Section 1983) or in equity.

6.

The Plaintiff and his attorney release, waive and relinquish any claims or rights to

attorney's fees, costs and expenses from the Defendant, the State of Illinois or the IDOC
allegedly incurred or due in the Action pursuant to 42 U.S.C. Section 1988, or under any other
statute, rule or common law provision.

7.

The Parties shall file within 30 days of the full execution of this Agreement a

Stipulation to Dismiss the Action with prejudice and without attorney's fees, costs or expenses.

8.

No promise has been made to pay or give the Plaintiff any greater or further

consideration other than as stated in this Agreement. All agreements, covenants, representations
and warranties, express or implied, oral or written, of the Parties hereto concerning the subject
matter of this Agreement are contained in this Agreement. No other agreements, covenants,
representations or warranties, express or implied, oral or written, have been made by any party
hereto to any other party concerning the subject matter of this Agreement. All prior and
contemporaneous negotiations, possible and alleged agreements, representations, covenants and
warranties, between the Parties concerning the subject matter of this Settlement Agreement are
merged into this Settlement Agreement. This Agreement contains the entire agreement between
the Parties.

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9.

The Plaintiff enters into this Agreement as a free and voluntary act with full

knowledge of its legal consequences. The Plaintiff has not relied upon any information or
representations which are not contained in this Agreement.

I 0.

This Agreement shall be construed and interpreted in accordance with the laws of

the State of Illinois, without regard to principles of conflict of laws.

11.

This Agreement may not be changed, modified or assigned except by the written

agreement of the Plaintiff, the IDOC and the Illinois Attorney General.

12.

The Plaintiff shall not file this Agreement in any court or disclose to anyone the

terms and conditions of this Agreement, and all terms otherwise discussed in settlement
negotiations or any particulars thereof, except as is necessary to enforce the terms of this
Agreement or except as expressly required by law. Upon inquiry, the Plaintiff shall simply state
that these matters were settled to the satisfaction of the Parties.

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...

13.

This Agreement shall not be construed to constitute a waiver of the State of

Illinois or IDOC's sovereign immunity.

14.

If any provision of this Agreement is declared invalid or unenforceable, the

balance of this agreement shall remain in full force and effect.

15.

This Agreement may be executed in multiple counterparts, each of which shall be

deemed an original, and all counterparts so executed shall constitute one agreement binding on
the Parties hereto, notwithstanding that all of the Parties are not signatory to the same
counterpart.

AGREED:

e ten
Counsel for Plaintiff

Date

On Behalf of the Illinois Department of Corrections:

Prisoner Litigation
Rev. 4/17

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INDEMNITY ACT SETTLEMENT, RELEASE AND CERTIFICATION

Claimant:

James Goston IDOC # N-73283, SSN:
Dolton, I

Case name & docket number: Goston v. Brady, Case No. 15-cv-1357 (S.D. Ill.)
Plaintiff was an offender within the Illinois Depa11ment of Corrections.
Plaintiff brought suit under 42 U.S.C. § 1983 alleging violations of his
constitutional rights as outlined in the Complaint.

Nature of claim:

Employees affected: Barry Brady

Employing agency: Illinois Depai1ment of Corrections

X

Final written judgment or settlement attached

yes

___no

AMOUNT (not to exceed $150,000, including costs)

Numbers: $1.500.00
Words: One thousand five hundred dollars and 00/cents

*******************************************************************************
I, JAMES GOSTON, do hereby accept the amount shown above as final and complete
settlement of all claims I have or may have against the named employee, the State, its officers and
employees and do waive and forego any further administrative or judicial course of action that I may
have or later be entitled. This release is signed of my own free will with full knowledge of its
meaning and consequences.

By:
Date:

*******************************************************************************
I certify the subject claim has been properly presented and documented in accordance with
the State Employee Indemnification Act, that a final settlement or judgment has been reached and
that the amount shown above is approved for payment.

By
Title

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