Free Stipulation - District Court of Connecticut - Connecticut


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Pages: 4
Date: February 12, 2004
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State: Connecticut
Category: District Court of Connecticut
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· E Case 3:02-cv-01612-RNC Document 35 Filed O2/12/2004 Page 1 of 4
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UNITED STATES DISTRICT COURT p i
DISTRICT OF CONNECTICUT . A T'? . ‘ ix- Q lj l
STEPHEN GOLD, : N0. 3:02CV-tel? 1 3 [
plaintlyjf : E P.=5i;,`i, ill. j
DEPARTMENT OF PUBLIC i
SAFETY, et al., :
defendants. : JANUARY 13, 2004
SIQIPULATEI) SETTLEMENT
i WHEREAS, the above—captioned action was brought by Stephen Gold, as plaintiff, - l
against the Department of Public Safety, Kenneth Dillon, John Covello, Adam Wagnblas and
Arthur Walkley of the Connecticut State Police as defendants, alleging violations of his
constitutional rights to be free from false arrest and excessive force under the Fourth Amendment
to the U.S. Constitution, arising out of an incident wherein he was arrested by the defendants at
his home on the evening of September 20, 2000; i
WHEREAS, the plaintiff, represented by Robert S. Kolesnik, Esq., and the defendants, {
represented by Assistant Attorney General Stephen R. Sarnoski, acting upon the advice of their I
respective attorneys, agree that settlement of all the issues raised by the above—captioned action, g
would best serve the interests of the parties; and
WHEREAS, said parties have attested, and by affixing their signatures hereto do thereby
acknowledge, that they voluntarily consent to this Stipulated Settlement as their free act and ,
deed, without undue influence, coercion or duress, and expressly agree to be bound hereby; i
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: Q
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{ i Case 3:02-cv-01612-RNC Document 35 Filed O2/12/2004 Page 2 of 4
l. The plaintiff shall immediately, and with prejudice, pursuant to Rule 41 (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 the dismissal of this lawsuit pursuant to Rule 41 (a)(2) of the Federal Rules of R
Civil Procedure as described above, and upon receipt of the signed Release of Liability, the State i
of Cormecticut shall, within thirty (3 0) days, or as soon thereafter as practicable, pay to the 1
plaintiff the sum of ten thousand dollars ($10,000.00) through a check made payable to their
E attorney as trustee. i
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 ofthe State of j
Connecticut, the Office of the Attorney General, the Department of Public Safety or its Division
of State Police, or any of their present or former officers, agents or employees, including the
named defendants. Rather, this stipulation between the parties constitutes a compromise I
settlement of the matters stated in this claim for the sole purpose of avoiding further expense and K
inconvenience to both parties in pursuing or defending this matter as might otherwise be i
required.
4. 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, or may in the future arise, out of any of the circumstances which are the subject of this
lawsuit including, but not limited to, common law claims of trespass, assault & battery,
negligence, false arrest and imprisonment, any and all claims which may be brought pursuant to
· the Connecticut Constitution, and such claims as may be cognizable under Title 42 U.S.C. i
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_ O Case 3:02-cv-01612-RNC Document 35 Filed O2/12/2004 Page 3 of 4 3
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§ 1983 for alleged violations ofthe plaintiffs federal civil rights. In furtherance thereof, the 3
undersigned plaintiff does now and forever release the defendants, Department of Public Safety,
Kenneth Dillon, John Covello, Adam Wagnblas and Arthur Walkley of the Connecticut State
Police, their heirs, successors and assigns, the State of Connecticut, its agencies, departments and
commissions, and all of their present or former officers, agents and employees from any and all 3
further liability whatsoever in connection with the circumstances surrounding the above- 3
captioned lawsuit and appeal, if any, in accordance with the duly executed Release of Liability 3
Q which is attached hereto as Exhibit; A. 3
5. The parties agree that the terms and conditions of this Stipulation of Settlement shall
be incorporated into the motion for order of dismissal referred to in paragraph l above, and that 3
the United States District Court for the District of Connecticut may retain jurisdiction over this 3
3 matter for the purpose of ensuring that all of the terms and conditions of this agreement are I
carried out as set forth herein.
6. The parties further agree that the settlement terms and conditions described herein 3
represent the entire agreement ofthe parties concerning the settlement of this lawsuit with 3
respect to the defendants listed herein, and that the respective parties will each bear their own 3
costs, fees, and expenses, and that any attorney's fees owed by the plaintiff will be paid out ofthe 3
settlement amount and not in addition thereto. 3
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. · Case 3:02-cv-01612-RNC Document 35 Filed O2/12/2004 Page 4 of 4 l
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Fon THE PLAINTIFF: K
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DATE: / ¤-4 6* 0_/
ert . Kolesnik,
Kolesnik & Norris `
80 Central Avenue l
Waterbury, Connecticut 06702
Fed. Bar No. 06-1049342
Tel: (203) 574-5233 ,
ms Arroimev i
Fon THE DEFENDANTS; l
DATE: Illgllnoj ii 5 Q N
Stephe R. Samoski I
Assistant Attomey General |
MacKenzie Hall l
110 Sherman Street
Hartford, Connecticut 06105 l
Tel: (860) 808—5450 l
Fed. Bm #(1 05129 l
THEIR ATTORNEY l
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