UNITED STATES DISTRlCT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DNISION
PRISON LEGAL NEWS, et al.,
Plaintiffs,
v.

Case No. 99-70523
Hon. Avern Cohn

E. M. RANSOM, et al..
Defendants.

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·REI.EASE AND SETTLEMENT AGREEMENT
The undersigned Plaintiff/Releasor (hereinafter referred to as "RELEASOR"),
for the following consideration of 1) One Thousand ($ 1.000,00 ) DOLLARS to
Common Courage Press and One Thousand ($1 000.00) Dollars to Frison LegaJ
News, receipt of which is hereby acknowledged, 2) The Michigan Department of
Corrections (MDOC) will remove the book entitled THE CELl.ING OF AMERICA,
1st ed. (c. 1998) from the restricted publications list, 3) The MDOC will post a notir
in the prison law library at each facility and in each housing unit for 90 days stating
that the book THE CELLING OF AMERICA has been removed from the restricted
publication list and may be purchased from either Prison Legal News at 2400 NW
80th Street, Suite 148, Seattle, WA 98117 or Common Courage Press at 1 Red Bam
Road, Monroe, ME. 04951, 4) The MDOC will pay costs of $605,00 and attorneys fees
of $10,000,00 to Plaintiff's counsel Dan Manville, 5) The MDOC will provide a copy
of the book mE CELLING OF AMERICA. 1st ed. (c. 1998) to MDOC prisoners Larry
Lynch (#176862) and Calvin Holmes (#257962), and 6) The MDOC will place a notice
on their form CSJ-316 "NOTICE OF PACKAGE/MAIL REfECTION" that reads as
follows: "A copy of this notice is being mailed to the sender if rejected pursuant to
PD 05.03.118 'Prisoner Mail', The sender has ten business days to send any
opposition to this proposed action to the facility head. The sender will be notified of
the final decision." Appropriate language will be added to PD 05.03.118 to reflect the
above language, Based on these six foregoing items of consideration, the Releasers
do hereby release, acquit and forever discharge Defendant(s) herein and the State of
Michigan, its Department of Corrections, and its officers, employees, and agents
(hereinafter referred to as "RELEASEE"), of and from any and all claims, actions,
causes of action, demands, whatsoever which RELEASOR now has or which may
hereafter accrue on account of or in any way arising out of any and all known and
unknown foreseen and unforeseen injury, damage and the consequences thereof
resulting or to result form the following incident:

The incidents referred to in the Complaint for Declaratory and Injunctive
Relief and Damages and Motion for Preliminary injunction and arising from
this case.
It is further understood and agreed that this release is intended to effect a
general and complete release of all claims or actions of any type which RELEASOR
now has or may hereafter acquire against RELEASEE, and is a release from any
further liability whatsoever for damages and losses of any kind arising out of the
above incident, including all health-care expenses, loss of income, pain, suffering,
loss of function, disfigurement, emotional and mental distress, property damage,
interest, legal costs, and attorney fees, and any and all other damages and losses
sustained by RELEASOR as a result of the aforesaid incident. RELEASOR
understands and agrees that this is a release in full, and that RELEASOR will never
again be able to recover damages or monies of any kind from RELEASEE as a result
of the aforesaid incident.
It is further understood and agreed that RELEASOR and RELEASEE will
execute and file with the Clerk of the Court a Stipulation agreeing to the immediate
dismissal with full prejudice, of the above-entitled action and all claims therein.
The sum of One Thousand ($1.000 00l DOLLARS will be paid to RELEASORS
Common Courage Press and Prison Legal News, (Federal Identification #01...046-S644
and 501C(3) Non-Profit #94-31-43411, respectively) and their Attorney, Dan
Manville, (Federal LD. #38 288 0683). RELEASOR shall be solely responsible to
satisfy out of said payment, any and all attorneys' fees and expenses ( besides those
specifically referred to herein, i.e. $605 in costs and $10,000 in attorneys fees, which
will be paid directly to Daniel E. Manville by the MDOC) and any liens which may be
enforceable by RELEASOR'S attorneys with respect to the proceeds in this
settlement.
Following execution and delivery of this RELEASE AND SETTLEMENT
AGREEMENT the Michigan Department of Corrections shall:
a. See items 1 through 6 listed above.
It is further understood and agreed that RELEASOR will never institute in
the future any complaint, suit, action, or cause of action, in law Or in equity, against
RELEASEE; nor institute, prosecute, or in any way aid in the institution or
prosecution of any claims, demands, actions, causes of action, suits, or complaints,
for or on account of any damages, loss injury or expenses in consequence of the
aforesaid incident.
It is further understood and agreed that this settlement is a compromise of a
disputed claim, and that the payment made is not to be construed as an admission of

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liability on the part of the parties released hereby, and that RELEASEE denies
liability therefor. It is further agreed that no promise, inducement, or agreement
not herein expressed has been made and this RELEASE AND SETTLEMENI
AGREEMENT contains the entire agreement of the parties, and that the terms
herein are contractual, and not a mere recital. RELEASOR further states that
RELEASOR has carefully read this RELEASE AND SETTLEMENT AGREEMENT,
knows the contents thereof, and understands the same, and signs this agreement as
RELEASOR'S voluntary act and deed.
RELEASOR hereby acknowledges receipt of a copy of this RELEASE l\ND
SETTLEMENT AGREEMENT.

nus IS A RELEASE IN RILL.
Dated:

_

~

Plaintiff/Releasor: Authorized
Representative and Title
Common Courage Press
<,

Dated:

Itlll;! {,. (f'!'1

Dated:

---;._ _
Attorney for Plaintiff(s)/Releasor
Daniel E. Manville (P39731)

9951531. release .atty

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