Prison Phone Justice

STIPULATION AND SETTLEMENT AGREEMENT
AND MUTUAL GENERAL RELEASE OF ALL CLAIMS

THIS Stipulation and Settlement Agreement and General Release of All Claims (the
"Agreement") is entered into between JOSEPH SAWCHUCK, ("Sawchuck") RICHARD
SPENCER ("Spencer"), KEN JENNE (and any successors) in his official capacity as SHERIFF OF
BROWARD COUNTY d/b/a BROWARD SHERIFFS OFFICE (herein "BSO") and BROWARD
COUNTY, FLORIDA, a Political Subdivision (each of the foregoing collectively referred to as the
"Parties"), on this _

day of February, 2008.

WHEREAS, Sawchuck and Spencer (herein "Plaintiffs") have sued BSO and BROWARD
COUNTY, FLORIDA (herein "Defendants") in the above styled case, on behalf of themselves and
other similarly situated individuals; (herein "Lawsuit") and,
WHEREAS, the Defendants have denied any liability in the aforesaid lawsuit; and,
WHEREAS, the Parties now wish to settle any and all claims asserted, or which could be
asserted,' in the Lawsuit.
NOW, THEREFORE, the Parties agree as follows:
I.

The foregoing recitals are true and correct.

2.

BSO shall pay $1,500 (FIFTEEN HUNDRED DOLLARS) each to Plaintiffs

Sawchuck and Spencer, and $2,000 (TWO THOUSAND DOLLARS) to the Plaintiffs' attorneys,
for settlement of any and all claims, including claims for attorney's fees and costs, which have been
or could have been asserted in the above referenced action.

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This agreement shall not be construed to affect the Defendants' ability or right to seek indemnification or

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3.

As additional consideration, the Plaintiffs agree to dismiss, with prejudice and with

each party to bear their own attorney's fees and costs, the claims they have asserted against the
Defendants in the above referenced action. The successful dismissal of the claims asserted by the
Plaintiffs in the above referenced action shall operate as a condition precedent to this settlement
agreement and the settlement funds shall be due to be tendered to counsel for the Plaintiffs within
five days of successfully dismissing the claims.
4.

In return for the amounts paid, Sawchuck and Spencer (collectively "First Parties"),

do fully and completely release and forever discharge BSO and Broward County, Florida, their
present and former, representatives, officers, agents, attorneys, affiliated entities, officials,
employees, servants, insurers, assigns, predecessors, and/or successors in interest, (collectively
"Second Parties") of and from all manner of actions, suits, claims and demands whatever, whether
known or unknown, accrued or unaccrued, which the First Parties ever had against the Second
Parties, now have or may hereafter have in the future, whether known or unknown, accrued or
unaccrued, for or by reason of any cause, matter or thing whatsoever to the date of these presents
from any claims arising out of the events and claims asserted by either First Party in the Lawsuit.
5.

The Parties acknowledge and stipulate that the compromise and settlement which

forms the basis of this Agreement has been arrived at after thorough bargaining and negotiation, and
represents a final, mutually agreeable compromise of the matters provided herein. Any controversy
over the construction of this Agreement shall be decided neutrally, in light of its conciliatory
purposes, and without regard to the events of authorship or negotiation.
6.

This Agreement shall be binding upon and inure to the benefit of the Parties hereto

and their respective successors and permitted assigns. This Agreement and the obligations of the

contribution from any third parties to this agreement, including bUI not limited 10 T-Netix, Inc.

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Parties to this Agreement shall not be assignable or transferable by any party hereto without the prior
written consent ofthe other parties hereto, which consent will not be unreasonably withheld.
7.

This Agreement constitutes the entire and integrated Agreement among the Parties

hereto and sets forth all promises, covenants, agreements, conditions and understandings between
the parties hereto with respect to the subject matter hereof and supersedes all prior and
contemporaneous negotiations, representations, understandings, inducements, conditions and
agreements, express or implied, or written with respect to the subject matter ofthis Agreement. This
Agreement may not be modified, amended, altered, or supplemented except by written instruments
signed by all ofthe parties to this Agreement.
8.

The Parties to this Agreement acknowledge that they have signed the Agreement

only after due consideration and consultation with their respective attorneys, that the parties and
their counsel were not fraudulently induced, coerced, or intimidated to sign this Agreement, and that
in signing the Agreement, the Parties and their counsel have not relied upon any oral or written
statements or acts made by any other party other than as expressly set forth in this Agreement.
9.

This Agreement shall be governed by the laws of the State of Florida without regard

to Florida's Choice of Law provisions or reference to any other state laws.
10.

Nothing in this Agreement constitutes an admission, declaration, or other evidence of

the rights or liabilities of any person or entity. The Parties expressly deny any liability for this
matter and are making this settlement only to buy peace.
II.

The failure of any Party to this Agreement to insist upon the performance of any of

the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and
conditions of this Agreement, shall not be construed as thereafter waiving any such terms and
conditions, but the same shall continue and remain in full force and effect as if no such forbearance
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or waiver had occurred.
12.

This Agreement may be executed in one or more counter-parts, each of which shall

be deemed to be an original instrument if properly attested, but all such counter-parts together shall
constitute one and the same Agreement.

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IN WITNESS WHEREOF, the Parties hereto execu
date set forth above.

STATE OF FLORIDA
COUNTY OF BROWARD

Ii./Ao.ay

of February, 2008,
The foregoing instrument was aclmowledged before me this
by JOSEPH SAWCHUCK who is pgsonally Imown to me or who has produced (type of
identification)
as identification and who did take an oath.

Q~.Jt~
NotaryPub;;v' .
~ /. ..J.
.
My Commission Expires: 11a.o/~1
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STATE OF FLORIDA
COUNTY OF WAKULLA

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The foregoing instrument was acknowledged before me this
r-day of February, 2008,
by RICHARDSi'EijCER who is perlonally known to me or who has produced (type of
identification) ~(
Car:d.. as identification and who did take an oath.

:::rD

Notary Public
My Commission Expires:
NOTARY PUBLIC· STATE 01' 7LOJIIlA

............ Yolanda Knighton

fw lCommission # DD62OS23

Provided to WakuDa

~i-

FEB 192008

For mailing AS 5

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",

On
STATE OF FLORIDA
COUNTY OF BROWARD

~_:?e foregoing instrument was acknowledged before me this
w.. day of February, 2008,
by ~ VitUMwwho is personally known to me or who has I'reEllleeEl. (type of identification)
_ _ _ _ _ _ _ as identification and who did take an oath.

2"

c:w,e JJt.~

Notary Public
My Commission Expires:

.3/b / Jl,'"

NOTARY PUBUC-STATE OF FLORIDA

luJf

Carol DeLima

t\W1C0l!!mission # 00525453
Expires: MAR. 06, 2010

Bonded Thru Mand. Bonding Co., In •.

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