Case 2:01-cv-01911-RSL-RSM

Document 161

Filed 08/05/2005

Page 1 of 6

1

2
3
The Honorable Robert S. Lasnik
4
5
6

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
SEATTLE

7
8

NO. CV-01-01911-RSL
PRISON LEGAL NEWS, et.al,

9
Plaintiff,

10
11
12
13

STIPULATION, mDGMENT AND
ORDER OF DISMISSAL WITH
PREmDICE

v.
JOSEPH LEHMAN, et. a!.,
Defendants.

14

STIPULATION
15
Plaintiffs, Prison Legal News, and Rollin Wright, acting by and through their
16
attorneys, Jesse Wing, and the Defendants, State of Washington, Department of Corrections
17
(DOC) and named employees of DOC and its attorneys, Rob McKenna, Attorney General, and
18
Daniel J. Judge and Mary C. McLachlan, Assistant Attorneys General, having made a

19
stipulation pursuant to RCW 4.92.150 settling and compromising in this action all claims
20
between Plaintiffs and Defendants, hereby agree that all remaining claims in this matter should
21
be dismissed with prejudice. This stipulation has no effect on the injunction entered in this

22
matter that was affirmed by the U.S. Court of Appeals for the Ninth Circuit.
23
24

JUDGMENT

25

26
STIPULATION, JUDGMENT, AND
ORDER OF DISMISSAL WITH
PREJUDICE

ATTORNEY GENERAL OF WASHINGTON
Torts Division
629 Woodland Square Loop SE
PO Box 40126
Olympia, WA 98504-0126
(360) 459-6600

Case 2:01-cv-01911-RSL-RSM

Document 161

Filed 08/05/2005

Page 2 of 6

1

THIS MATTER having come before this Court as a Stipulated Order of Dismissal

2

Following Settlement by the Parties and the Court having considered the submissions of the

3

parties and being fully advised, now, therefore.

4

5
6
7

8

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this matter in its
entirety is DISMISSED WITH PREJUDICE apart from the injunction entered.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that no party shall
recover costs, interest, tax consequences, or fees, including attorney fees.
DONE in open court this _ _ day of

, 2005

9
10

ROBERT S. LASNIK
UNITED STATES DISTRICT COURT

11

12
13

14
15

Presented by:

AJtIROB MCKENNA

16
17
18

DANIEL J. JUDGE, WSB #17392
MARY C. McLACHLAN, WSB# 34178
Assistant Attorneys General
Attorney for Defendants

19
20
21
22
23
24
25

26
STIPULATION, JUDGMENT, AND
ORDER OF DISMISSAL WITH
PREJUDICE

2

ATTORNEY GENERAL OF WASHINGTON
Torts Division
629 Woodland Square Loop SE
POBox 40126
Olympia, WA 98504-0126
(360) 459-6600

Case 2:01-cv-01911-RSL-RSM

Document 161

Filed 08/05/2005

Page 3 of 6

SETTLEMENT AGREEMENT, RELEASE OF CLAIMS,
AND AGREEMENT TO HOLD HARMLESS
FOR AND IN CONSIDERAnON of payment by the State of Washington of the total
sum of Three Hundred Ninety Thousand Dollars ($390,000) to Prison Legal News, Inc., a
Washington Corporation, Plaintiffs PLN and Rollin Wright, individually, their heirs, assigns, or
other successors in interest, do hereby release and forever discharge the STATE OF
WASHINGTON, Joseph Lehman, Eldon Yail, Carol Porter, James Blodgett, Kay Walter, Alice
Payne, Maggie Miller-Stout, Richard Morgan, Bob Moore, John Lambert, Doug Waddington,
Belinda Stewart, and any other named defendants, and the officers, agents, employees, agencies
and departments of the state of Washington, from any and all existing and future claims, damages
and causes of action of any nature whatsoever arising out of the allegations and claims stated in the
lawsuit filed in the United States District Court, Western District of Washington at Seattle, under
Prison Legal News, et. al. v. Lehman et. aI., Cause No. CYOI-01911-RSL (HEREINAFTER
referred to as "above-stated incidents, occurrences, and events up to the date of this agreement").
In making this agreement and settling this matter, the State of Washington Department of
Corrections, the named defendants and their respective agencies and employees, make no
admission ofliability. FURTHER, the claimants represent, warrant and agree that:
1.

This is a final, conclusive and complete release of all unknown and unanticipated

claims, damages, and causes of action arising out of the above-stated incidents, occurrences, and
events as well as those now known or disclosed up to the date of this agreement.
2. Plaintiffs acknowledge and agree that all liabilities, financial obligations, liens, or
subrogated claims (hereinafter "liabilities"), arising out of the above incidents, occurrences, and
events are the claimants' sole and separate obligation. Therefore, the claimants will indemnify
and save harmless the STATE OF WASHINGTON and its officers, agents, employees, agencies
and departments, agencies, and departments, including the named defendants, from all such
liabilities arising out of the above-stated incidents, occurrences, and events.
3.

The undersigned hereby declares that the terms of this settlement have been

1

Case 2:01-cv-01911-RSL-RSM

Document 161

Filed 08/05/2005

Page 4 of 6

completely read and are fully understood and voluntarily accepted, for the purpose of making a
full and final compromise, adjustment and settlement of any and all: (1) existing claims,
damages, and causes of action arising out of the above-stated incidents, occurrences, and events;
and (2) future claims, damages, and causes of action arising out of the above-stated incidents,
occurrences, and events up to the date of this agreement.
4.

Nothing in this agreement shall be construed to waive claims for incidents that

have not yet occurred.
5.

This settlement agreement, release of claims, and hold harmless includes any

adverse tax consequences caused to Plaintiffs by the settlement of this matter; any such
consequences are solely the responsibilities, liabilities, and obligations of Plaintiffs.
6.

Claimants shall agree to entry by the Court of an order dismissing with prejudice,

and without costs or fees assessed against any party, their complaints filed in the United States
District Court, Western District of Washington, under Prison Legal News, et. a!. v. Lehman et. a!.,
Cause No. CV01-01911-RSL. Failure of the Court to enter the order of dismissal with prejudice
shall render this agreement null and void. Provided the order of dismissal is entered by the Court,
State of Washington, shall pay the total amount of Three Hundred Ninety Thousand ($390,000.00)
payable by check to MacDonald, Hoague, and Bayless client trust account. Such payment shall be
made within thirty (30) days following receipt by the undersigned Assistant Attorney General of a
certified copy of the Order of Dismissal ofthis matter with prejudice.

I approve.

~~----d-2~J
Don Minniken,
77
Prison Legal News
2400 N.W. 80 th St. #148
Seattle WA 98117

2

Case 2:01-cv-01911-RSL-RSM

Document 161

Filed 08/05/2005

!
Rollin Wright
721 N. L St.
Lake Worth FL 33460

Approved:

Accepted:

DANIELl. JUDGE, WSB#l7392
MARY C..McLACHLAN
Assistant Attorneys General
Date: S(1/0>
.

Represent<y:i e
Date:
6 3

I

3

_

,5 .

Page 5 of 6

Case 2:01-cv-01911-RSL-RSM
022571342

OB/03.200 5 Q.l: HI ""'"

••

DocumentPAULWRIGHT
161 Filed 08/05/2005

~/i/7fb

ito 1inWriSlit
721 N. LSt.
Lake Worth

FL 33460

Accepted:
Approved:

Rob McKenna
Attornq General
State ofWasbington

~LJ.~E>VVSB#17392
MARY C..McLACHLAN
Assistant A~ General
Date:: _ _-

Representative
Date:~_~~.....:.

3

PAGE
Page 6 of
6

01