Free Stipulation - District Court of Connecticut - Connecticut

. · Case 3:00-cv-OO37@5|BF Document 37 Filed 11/1 (8/$003 @@e(•l)g¢W STTI *0 L
fit? 5:;] W
2;:: co 5% ““§*B
UNITED STATES DISTRICT COURT gl}§§,‘g’ "—* ......,,.
if"`? 5 V"
DISTRICT OF CONNECTICUT U
CIRO SCOGNAMIGLIO : CIVIL NO. 3:00CVjj4 (ATl_N)(Hglg
.. .. I gf
v. :
DR. MONICA FARINELLA, ET AL. : NOVEMBER 6, 2003
STIPULATED SETTLEMENT
WHEREAS, the above—captioned 42 U.S.C. § 1983 action was brought by Circ
Scognamiglio, as plaintiff, against the defendants, Dr. Monica Farinella, Lieutenant Strange,
Joann Nitsch, Jean Walden, Pamela Shea, the State of Connecticut, Department of Correction
and UConn Medical Center, alleging violations of his constitutional right to receive appropiiate
medical care, arising out of his treatment for continuing medical incidents/conditions suffered to
his toe and foot.
WHEREAS, the plaintiff, represented by Attorney Erskine D. McIntosh, and the
defendants, represented by Assistant Attorney General Madeline A. Melchionne, agree that
settlement of all the issues raised by the above-captioned action, would best serve the interest of
the parties; and
WHEREAS, said parties have attested, and by affixing their signatures hereto, do hereby
acknowledge that they voluntiily consent to this Stipulated Settlement as their free act and deed,
without undue influence, coercion or duress, and expressly agree to be bound hereby;
NOW, THEREFORE, without further proceedings or adjudications of any of the issues
of fact or law raised by the disputed claim(s) herein, the parties stipulate and agree as follows:

, - Case 3:00-cv—OO37 —1-IBF Document 37 Filed 11/1 O/2003 Page 2 of 4
C3 0 · i
l. The plaintiff shall immediately, and with prejudice pursuant to Rule 4l(a)(2) of the
Federal Rules of Civil Procedure, move for an order of dismissal of this lawsuit, and shall
execute the Release of Liability which is attached hereto as Exhibit A.
2. Upon dismissal of this lawsuit pursuant to Rule 4l(a)(2) of the Federal Rules of Civil
Procedure as described above, and upon receipt of the signed Release of Liability, the State of
Connecticut shall, within thirty (30) days, or as soon thereafter as practicable, pay to the plaintiff
the sum of Forty Thousand dollars ($40,000.00) through a check made payable to Erskine D.
Mclntosh, Trustee for Circ Scognamiglio.
3. The parties understand and agree that the payment of the aforesaid sum is not intended to
constitute, nor shall it be regarded as, an admission of liability on the part of the State of
Connecticut, the Office of the Attorney General, the Department of Correction, UCom1 Medical
Center, the University of Connecticut, John Dempsey Hospital, or any of their present or former
officers, agents or employees, including the named defendants. Rather, this stipulation between
l the parties constitutes a compromise settlement of the matters stated in this claim for the sole
purpose of avoiding further expense and inconvenience to both parties in pursuing or defending
this matter as might otherwise be required.
4. The parties agree that none of the monies paid as settlement of this matter shall be
recoverable by the State of Connecticut for its costs of incarceration of the plaintiff] or to
reimburse the State of Connecticut for monies paid in the form of support to the plaintiff.
5. The parties expressly acknowledge that this Stipulation of Settlement is intended to, and
shall, constitute full and final settlement of all claims and/or rights of action which have arisen, l
or may in the future arise, out of any of the circumstances which are the subject of this lawsuit
2

_ - Case 3:00-cv—OO37@-IBF Document 37 Filed 11/1 é)f%OO3 Page 3 of 4 I U
and any and all claims which may be brought pursuant to the Connecticut Constitution,
Connecticut General Statutes and such claims as may be cognizable under Title 42 U.S.C. § 1983
for alleged violations of the plaintiffs federal civil rights. In furtherance thereof, the
undersigned plaintiff does now and forever release the defendants, Dr. Monica Farinella,
Lieutenant Strange, Joann Nitsch, Jean Walden, Pamela Shea, the State of Connecticut,
Department of Correction and UConn Medical Center, its agencies, departments and
commissions, and all of their present or former ofticers, agents and employees from any and all
further liability whatsoever in connection with the circumstances surrounding the above- ·
captioned lawsuit in accordance with the duly executed Release of Liability which is attached
hereto as Exhibit A.
6. The parties agree that the tenns and conditions of this Stipulation of Settlement shall be
incorporated into the motion for order of dismissal referred to in paragraph 1 above, and that the
United States District Court for the District of Connecticut may retain jurisdiction over this
matter for the purpose of ensuring that all of the terms and conditions of this agreement are
carried out as set forth herein.
7. The parties iurther agree that the settlement terms and conditions described herein
represent the entire agreement of the parties concerning the settlement of this lawsuit with
respect to the defendants listed herein, and that the respective parties will each bear their own
costs, fees and expenses, and that any attomey’s fees which may be owed by the plaintiff will be
paid out of the settlement amount and not in addition thereto.
3

. - . Case 3:00-cv-OO3?4-QTIBF Document 37 Filed 11/1 })l%OO3 Page 4 of 4 _ _ °
x.__//' \___V__.
FOR THE PLAINTIFF
Ciro Scogi amiglio .
l /4 .~4a .4.... 5
1
Date: 7 f' 4 '
TTY. ERSKINE • ` McIN'1‘0sH
FEDERAL BAR • . 9743
LAW OFFICES F ERSKINE D. HUINTOSH
/ 3129 III-IITNE AVE. r SECOND FLOOR
HAHDEN. CT 6518-2364
(203} va?--994
Fax—(203) 848-1213
FOR THE DEFENDANTS
Dr. Monica Farinella, et al.
. _!‘ J1 p (
Date:i { ( l 5 ._
Madeline A. Melchionne
Assistant Attorney General -
110 Sherman Street
Hartford, CT 06105
Tel: (860) 808-5450
Fax: (860) 808-5591 .
Federal Bar #02029
4