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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

 

KAREEM SHAMEL PERRY,

 

Plaintiff,                                    STIPULATION OF

                                                                        SETTLEMENT AND

-against -                                                          ORDER OF DISMISSAL

 

CHARLES GREINER; Q. MAGWOOD;                    99 Civ. 4934 (LAP)

R. HUMLOCK; D. BENNETT; M. BARNES;

MIGUEL HUGHES and JOHN DOE,

 

Defendants.

 

WHEREAS, plaintiff, Kareem Shamel Perry, filed a complaint in 1999 alleging that defendants had violated plaintiff’s constitutional, statutory and/or civil rights during Perry’s incarceration in the New York State Correctional Services system; and

WHEREAS, the parties are interested in resolving all the remaining issues alleged in the complaint in this action, and have negotiated in good faith for that purpose; and

WHEREAS, none of the parties to the above-captioned action is an infant or incompetent person; and

WHEREAS, the parties in the above-captioned matter are desirous of discontinuing the litigation;

IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel as follows:

1.         The parties hereby agree that the hereinabove captioned action is dismissed and discontinued with prejudice, as to the named defendants, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure.

2.         Any and all of the claims for damages by plaintiff which are the subject of this action or otherwise arise out of any of the incidents alleged in the Complaint are hereby settled, as against the named defendants, for the sum of Twelve Thousand Dollars ($12,000) in full satisfaction of all claims for damages, costs, disbursements and legal fees.

3.         The Twelve thousand Dollars ($12,000) check in payment of the sum recited in paragraph #2 hereinabove shall be drawn to the order of the plaintiff and mailed to him at his resident correctional facility (Lakeview Correctional Facility, Brocton, New York), for deposit in the plaintiff’s inmate facility/department account.  Plaintiff’s counsel, Wilmer, Cutler & Pickering, Esqs., agree not to claim fees, disbursements or expenses in any degree or respect.

4.         In consideration of the payment of the sum recited in paragraph #2 hereinabove the plaintiff, Kareem Shamel Perry, hereby releases each of the named defendants in their individual and official capacities, and their heirs, executors, administrators and assigns, and the State of New York and the New York State Department of Correctional Services, from any and all claims, liabilities and causes of action related to or arising out of any and all of the events set forth in the complaint in the above-captioned action.

5.         Nothing in this So Ordered Stipulation of Settlement shall be construed as an admission or concession of liability whatsoever by any of the defendants or the New York State Department of Correctional Services regarding any of the allegations made by the plaintiff in his complaint herein that the plaintiff’s rights under the Federal or New York Constitutions or Statutes had been violated.

6.         Payment of the amount recited in paragraph #2 hereinabove is subject to the approval of all appropriate New York State officials in accordance with the provisions for indemnification under New York Public Offices Law Section 17.

7.         Payment of the amounts recited in paragraph #2 hereinabove will be made within one hundred twenty (120) days after the approval of this stipulation by the Court and receipt by defendants’ counsel of a copy of the fully executed so-ordered stipulation of settlement as entered by the Court. In the event that the aforesaid payment is not made within the one hundred twenty (120) day period, interest shall accrue on the outstanding principal balance at the rate set forth in 28 U.S.C. §1961 beginning on the one hundred twenty-first day after receipt by defendants’ counsel of a copy of the fully executed so-ordered stipulation of settlement.

8.         This Stipulation of Settlement and any Order entered thereon shall have no precedential value or effect whatsoever and shall not be admissible in any other action or proceeding as evidence or for any other purpose except in an action or proceeding to enforce this Stipulation of Settlement.

9.         This Stipulation and Order of Settlement embodies the entire agreement of the parties in this matter.

DATED:           New York, New York

                        May 15, 2001                          ELIOT SPITZER

Attorney General of the

State of New York

Attorney for Defendants

By:

 

__________________________________

LEE ALAN ADLERSTEIN (LA-8576)

Assistant Attorney General

120 Broadway

New York, New York 10271

(212) 416-8576

 

Dated:              New York, New York

May 10, 2001

                                                            __________________________________

ADAM ABENSOHN, ESQ. (AA-8810)

Attorney for Plaintiff

Wilmer, Cutler & Pickering

520 Madison Avenue

New York, New York 10022

(212 ) 230-8800

 

IT IS SO ORDERED

Dated:  New York, New York

May 16, 2001

                                                                        _________________________________

HONORABLE LORETTA A. PRESKA

United States District Judge

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