WA L K ER, T IPP S

&

MA LONE PLC

ATIORNEYS AT LAW
ROBERT J. WAl KER
J . MARK TIPPS
GAYLE MALON( , JR.
LDWARD M. YARBROUGH
I·J SEP!i F. WELBORN, Ill
JOHN C. HAYWOR rH
W SCOTI SIMS
C:RIN PALMER POLLY
C ~','R LfS I. MALONE
JASON W CALL EN
t MII. Y 8. WARTH
LAUREN PATIEN COBLE
D. GILBERT SCHUffiE

2300 ONE NASHVILLE PLACE
(615) 313-6017
FAX: (615) 313-6001

OIRECTDIAL:

150 FOURTH AVENUE, NORTH
NASHVILLE, TENNESSEE

TELEPHONE

37219

E-MAIL: JWELBORN@WALKERTIPPS.COM

(615) 313-6000
i ·Aiso licensed

WWW.WALKERTIPPS .CO M

111

D1stnct of Columb•a and M•SSISSIPP•

July 1. 2013

~RANK W. HUNGER1·

Andrew C. Clarke
Law Office of Andrew C. Clarke
6250 Poplar Avenue, Second Floor
Memphis, Tennessee 38119
Tennessee Public Records Act request

Re:
Dear Andy:

Enclosed please find a copy of settlement agreements that CCA is required to produce for
the requested time period. CCA was unable to locate eight (8) of the settlement agreements or
verdict fonns for the time period. Nevertheless, because CCA is aware of these cases and for
thi s particular production only and without waiving it rights going fmward, CCA is providing
infonnation as to them below:
Facility

Matter Name

Na t ure of Action

Settlement

Date of

1,000.00

Oate
Resolved
7/ 19/2002

For m of
Resolution
Settlement

3.000.00

12/2 lt2004

Judgment

Loss
Hardeman Co
Johnston, Joseph v
False
Correctwnal
CCA
Am:st/ImpiisoJm1ent
f--H-a-rd_c_m_a_n_C_o_
--+-K-e_y_,_S_a_m_u_e_l_L_.-v--+-F-a-lse

I Correctiona l

Govemor Don

1

12/11/1999
02/0 I12001

1

l
I

Arrest/Imprisonment

~~~-~--+~S~t=In~~~i~st,__~--~~~~------~~~~-+-1-~--+---~~~-----~
Hardeman Co.
Correctional
Hardeman Co.
Correctional
MetroDavidson c~,_

1

Kinning.ham. Dean v
Lany Cra ven,
Wiliis, Rosetta v
Mike Settle_ CCA
Carver, Janelle
v CCA

Religion

Chandler, Tony v
CCA
Williams, Patrick
and Dildred. eta!
Williams, Lachaunti

01/19/200 I

I

750.00

08/05/2002

Settlement

!
Escape

08/16/1999

603,290.46

03/2112005

Judgment

Employee/Haras:>/Sex

07/28/ 1998

25,000.00

03/2112003

Settlement

Assault-Emp ou Emp

07/20/2001

7,000.00

11 /07/2003

I Settlement

Auto lt~jury

06/01/1999

100,000.00

09/ 11/2003

! Sculemcnt

10.000.00

10i l4/2005

ISettlement

I

!
I
I, Detenti..:.,,"l.c:.n_ _-+----------~--------t--,--.,....,...--1-......,...----!------+-------l
I

1

Shelby l rammg
Center
I Tall Trees
I

1

MetroDavidson Co.

~~~~~~L_

1

Medical

1.

_ _ _ _ _ _ _ _ _ _ _ _J __ _ _ _ _ __ _ _ __ __ _L __ _ _ _ _ __ L_ _ _ _ _ _ _ _L __ _ _ _ _ _~_ _________ j

Andy Clarke
July 1' 2013
Page 2

Very truly yours

JFW/ pkg
Enclosures

98323

__ ___/

'

CONFIDENTIAL SETTLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS
The following is a Confidential Settlement Agreement and Release of All Claims
(hereinafter "Agreement') by and between Teresa Allen (hereinafter ''Plaintiff') and Hamilton
County, Tennessee (and any and all political subdivisions thereof) and Corrections Corporation
of America (and their current or former officers, directors, agents, employees, stockholders,
divisions, attorneys, successors, affiliates, subsidiaries, surviving company or companies by
reason of any merger or acquisition, heirs, executors, administrators, spouses, and assigns)
(collectively "Defendants") regarding any and all past and present claims and their future effects
that have arisen or could arise out of Plaintiffs incarceration at the Silverdale Detention Center
and the treatment that she received from Defendants during that period of incarceration.
WITNESSETH:
WHEREAS, Plaintiff filed a civil action against Defendants, which civil action is
currently pending in the Circuit Court of Hamilton County, Tennessee, bearing docket number
03-C-1178 and styled Teresa Allen v. Hamilton Countv, Tennessee and Corrections Corporation
of America, (the •'Civil Action'); and

WHEREAS, Plaintiff and Defendants now desire to resolve by compromise and
settlement all claims sought to be enforced by Plaintiff against Defendants in the Civil Action, all
claims which were or might have been made against Defendants in the Civil Action, as well as
all claims in any manner arising from or connected with Plaintiffs incarceration at the Silverdale
Detention Center and the treatment that she received from Defendants during that period of
incarceration.
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the sufficiency of which is hereby acknowledged, Plamtiff and Defendants do
hereby agree as follows:
1.
Settlement Amount. In consideration for this Agreement, Defendants
agree to pay the total amount of Sixty Two Hundred Fifty and No/1 00 ($6,250.00) Dollars by
check made payable to Teresa Allen and Copelmld, Whittenburg & Meeks, which amount
represents compensatory damages for personal injury claimed by Plaintiff as well as attorney
fees. It is agreed that this check encompasses the total monetary consideration to be paid by
Defendants to Plaintiff for this settlement, and is paid in full, final and complete settlement of all
claims that were or could have been asserted by Plaintiff in the aforementioned Civil Action or in
any other litigation. The parties agree that this amount does not represent lost wages, and that no
payroll taxes will be withheld from this payment. Plaintiff agrees to accept all responsibility for
paying the appropriate taxes, penalties and interest that may be assessed as a result of the
payment of this amount to her by Defendants.

2.
Confidentiality. Plaintiff agrees to keep completely confidential the
amount and terms of this Agreement and the circumstances giving rise to this Agreement, and
will not disclose, directly or indirectly, any such information to any person or entity with the

2110493_1.DOC

CCA SA 0001

exception that she may disclose information regarding this Agreement to her attorneys and to a
professional tax advisor or tax retmn preparer for the limited purpose of obtaining advice
regarding or preparing such tax return or returns as may be necessary. In the event that Plaintiff
makes such limited disclosure to such persons as are authorized by this Agreement, she shall
affumatively instruct such persons to abide strictly by the conditions of confidentiality imposed
hereunder. In the event that Plaintiff is asked about her claims against Defendants by some
person or entity other than those specified in this paragraph, Plaintiff is authorized to divulge
only that such claims have been resolved. Plaintiff further recognizes and acknowledges that
strict confidentiality is of the essence of this Agreement, and that Defendants would suffer
immediate and irreparable hann in the event of any breach of that confidentiality. In the event of
a breach of this confidentiality provision, this Settlement Agreement shall not be void; however,
Defendants may bring an action in a Court of appropriate jurisdiction to enforce the
confidentiality provisions and to recover appropriate damages, attorney fees and costs.
3.
General Release. Plaintiff, for and on behalf of himself, individually, and
her heirs, executors, trustees, administrators, representatives and assigns, hereby fully, finally,
completely, and forever RELEASES Defendants (including, without limitation, Hamilton
County, Tennessee, Corrections Corporation of America, and CCA of Tennessee, Inc.) from any
and all claims and causes of action under any federal, state or local statute, ordinance, or under
the common law, which she has or might have against Defendants, including, without limitation,
any claim based on express or implied contract; any claims of promissory estoppel; any action
arising in tort, including, but in no way limited to, medical malpractice, b'bel, slander,
defamation, intentional infliction of emotional distress, outrageous conduct or negligence; any
claim for wrongful discharge, any constitutional claims, including any claim pursuant to 42
U.S.C. Section 1983, or any claim under all laws relating to the violation of public policy,
retaliation or compensation; any claims arising under disability discrimination, including the
Americans with Disabilities Act; any whistle-blower claims; or any claims under other
applicable federal, state or local law, regulation, ordinance or order, at common law or otherwise
arising out of Plaintiff's incarceration at the Silverdale Detention Center and treatment that she
received while incarcerated there, which Plaintiff now has, owns or holds, or claims to have, own
or hold, or which she at any time heretofore had, owned or held, or claimed to have, own or hold
against Defendants. Plaintiff further releases Defendants from all claims which were alleged or
which could have been alleged by Plaintiff against Defendants for any and all injuries, harm,
damages, lost wages, medical expenses, penalties, costs, losses, expenses, attorney fees, and/or
liability or other detriment, if any, whatsoever and whenever incurred, suffered or claimed by
Plaintiff as a result of any and all alleged acts, omissions, or events arising from or in any way
connected with any communications, negotiations, dealings, treatment and compensation
between Plaintiff and Defendants that have or may have occurred from the beginning of time to
the effective date of this Agreement.
4.
Final Order. The parties agree that, commensurate with the execution of
this Agreement, Plaintiff, through her attorneys of record in the Civil Action, shall cause to be
entered an Order in the Circuit Court of Hamilton County, Tennessee, reciting the fact that all
claims asserted by her in the Civil Action have been resolved, dismissing such claims on the
merits and with prejudice.

2110493_l.DOC

Page2 of5

CCA SA 0002

5.

Disclaimer of Liability. Plaintiff acknowledges that Defendants'
payment of the sum described in paragraph 1 does not constitute and shall not be construed as an
admission of any acts of discrimination, retaliation, misconduct, or negligence whatsoever
against Plaintiff or any other person, and Defendants specifically disclaim any liability to,
discrimination, retaliation, misconduct, or negligence against Plaintiff or any other person, on the
part of themselves, their employees, or their agents, and the above-described payment is made in
order to compromise and settle an unliquidated obligation which has been disputed by
Defendants. Defendants expressly deny the claims made .or which could have been made by
Plaintiff.

6.
Tax Consequences of Settlement Payment. The settlement amount
referenced in paragraph 1 represents attorney fees and compensatory damages for personal
injury. This payment does not represent lost wages. Consequently, Defendants are under no
obligation to withhold taxes on this payment. In the event any taxes, penalties or liabilities of
any kind are owed, assessed or incurred by Defendants on this payment, Plaintiff hereby agrees
that such taxes, penalties, or liabilities will be her sole responsibility and she will fully and
completely indemnify and bold ha:rmless Defendants for such taxes, penalties or liabilities, and
that Defendants will not be liable for the payment of any taxes, penalties, or liabilities on her
behalf Defendants will issue appropriate 1099 fonns to Plaintiff and her attorney. Nothing
herein shall be construed or relied upon as advice or opinion by or on behalf of Defendants
regarding the tax treatment of the settlement payment, and Plaintiff hereby expressly
aclmowledges that she will rely solely on her own accountant, attorney or advisor for such advice
or opinion.
7.
Complete Defense and Indemnification. Plaintiff acknowledges and
agrees that this Agreement may be used by Defendants as a complete defense to any past,
present, or future claim or entitlement which Plaintiff has against Defendants for or on account
of any matter or thing whatsoever arising out of her relationship with Defendants and which has
been set forth herein. Plaintiff also understands and agrees to indemnify Defendants for any
costs, damages, and attorney fees which it may incur in defending or prosecuting claims arising
out of or caused by Plaintiffs breach of this Agreement. Defendants understand and agree to
indemnifY Plaintiff for any costs, damages; and/or attorney fees which she may incur in
defending or prosecuting any claims arising out of or caused by Defendants' breach of this
Agreement.
8.

Full Knowledge and Volition. Plaintiff represents and acknowledges

that, in executing this Agreement, she does not rely and has not relied upon any other
representation or statement made by Defendants or by any of Defendants' agents,
representatives, or attorneys with regard to the subject matter, basis, or fact of this Agreement
(other than the payment of the settlement amounts stated in paragraph 1 herein). Plaintiff further
represents and acknowledges that she has thoroughly discussed all aspects of this Agreement
with her attorneys. that she has carefully read and understands all of the provisions of this
Agreement, and that she is voluntarily entering into this Agreement. Plaintiff acknowledges and
confinns that the only consideration for her signing this Agreement are the terms and conditions
stated in this Agreement, that no other promise or agreement of any kind, except those set forth
in this Agreement, bas been made to her by any person to cause her to sign this document
2110493_l.DOC

Page 3 of5

CCA SA 0003

9.
No Assignment. Plaintiff represents and warrants that she is the sole
owner of and has not so1<4 pledged, assigned, granted or otherwise transferred part or all of any
claims that have or could have been pursued by Plaintiff against Defendants.

10.
Governing Law. This Agreement is made and delivered in the State of
Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said
state.

11.
SeverabiHty of Provisions. The parties agree that, should any part, term
or provision of this Agreement be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to
be a part of this Agreement.
12.
Complete Agreement. This Agreement contains the entire agreement
between Plaintiff and Defendants, and there is no agreement on the part of either party to do any
act or thing other than as expressly stated in this Agreement. This Agreement supersedes any
other agreement, either oral or in writing, between the parties. There will also be no
modifications or amendments to this Agreement unless they are in writing, signed by all parties.

,.

WHEREFORE, the undersigned have caused this Confidential Settlement
Agreement and Release to be executed on the dates indicated below.

By:

~a Allen

oate:

51~\os

....

,,, ,,,

"' ~ M ,,,
. . .'.r.~i.-···-""""~0
,,,
...\
"'
"";.V
"·~'
...'':ttJ
,.
:(!j/ NOTARY . ~~-:.
:of PUBUC \
~

. . E . ,., Commission Expires IJecember 21, 2008
My Comnnsswn :xp1~-----

': \
~ ...-\

,-~··

AT
LARGE

,_.::
1
/~;
-

·~
.........

...... ~·-....
.,,.""" .....
,, ~r,o·.............;,~\'

,,, 'N cov ,,,

'''""'''

2110493_LDOC

Page4of5

CCA SA 0004

Hamilton County, Tennessee and Corrections
Corporation of America

By:
Title:

Date:

/2;fzu•r!J~

~ ~uJL au-JL
{.. • ~ -

D .;-

Sworn to ~d subscribed before
me this~dayof\N~.
,2005.

No

blic

My Commission Expires~tJ,o~

~) 1 ~~~o {

2110493_l.DOC

CCA SA 0005

FINAL RELEASE AND SETILEMENT AGREEMENT
1. For the sole consideration of Three Hundred Fifty-Nine Thousand and 0.0/100
($359,000.00) · Dollars which is sufficient, satisfactory and accepted by William Bass,
individually and as natural parent having sole custody and being the legal guardian of Alex
Bass, and Forty-One Thousand and· 00/100 ($41,000.00) Dollars which is sufficient,
satisfactory and acoepted by Methodist Healthcare, they do hereby forever and absolutely
release, acquit and discharge Corrections Corporation of America, Danny Scott, Glenn Harris,
Albert Jones and Shelby County, Tennessee, and their heirs, personal and elected
representatives, agents, servants, employees, successors and assigns from any and all liability
whether In contract or in tort for any and alf Injuries, damages, claims, losses or demands of
whatsoever kind, type and Character which may have been sustained, experienced or Incurred
by Alex Bass or by the death of Alex Bass, whether known or unknown at this time, and
whether in existence or not in existence at this time, or which may develop, appear or other
consequences in the future or arise or appear in the future, all allegedly arising from negligent
acts and/or omissions, accident, event, breach of contract, service or occurrence which
occurred on February 14, 2003 in Shelby County, Tennessee as to the death and/or medical
care of Alex Bass.

2. Corrections Corporation of America, Danny Scott, Glenn Harris, Albert Jones
and Shelby County, Tennessee, and their heirs, personal and elected representatives, agents,
servantS, employees, successors and assigns, hereby do not admit any liability to William Bass
or Methodist Healthcare, but to the contrary do specifically deny that they are ln any w~y liable
to William Bass or Methodist Healthcare, ior any sum whatsoever and specifically deny that
they are In any way guilty of any tort, breach of contract, negligent act or omission. It Is
understood and agreed that the payment of the hereinabove described consideration is not
to be construed as an admission of liability on the part of the Corrections Corporation of.

CCA SA 0006

America, Danny Scott, Glenn Harris, Albert Jones and Shelby County, Tennessee, and their
heirs, personal and elected r~presentatives, agents, servants, employees, successors and
assigns, afld Corrections Corporation of America, Danny Scott, Glenn HarTis, Albert Jones and
Shelby County, Tennessee vigorously maintain that they acted appropriately and in a
reasonable manner. Any payment made hereunder is in compromise and settlement of the
parties' claims, which are not admitted.
3. It is agreed and understood by the parties hereto-that the suits styled "Wllliam
Bass, individually and as next of friend of Alex Eugene Bass. deceased v. Corrections
Corporation of America. et al." pending in the Circuit Court, at Shelby County, Tennessee, No.
CT-005752-03, and "Metf1odist Healthcare v. David and William Bass; William Bass v, Shelby
County and CCA" pending in the Chancery Court, at Shelby County,· Tennessee, No. CH-060446, will be, as part of the consideration for this Final Release and Settlement Agreement,
dismissed with prejudice by the appropriate Orders executed by the undersigned and their
attorneys and entered and ~led with the appropriate Court.
4. The undersigned William Bass, hereby promises, declares and confirms that
the terms of this Final Release and Settlement Agreement, have been completely read by him
and the terms and provisions thereof are fully understood and are voluntarily accepted by him
as in his best interest individually and as natural parent having sole custody and· being the legal
guardian of Alex Bass and for the Estate of Alex Bass for ihe purposes of making a fu~ and
final compromise adjustment and settlement of any and all claims he, in any capacity, may
have against Corrections Corporation of America, Danny Scott, Glenn Harris, Albert Jones and
Shelby County, Tennessee and their heirs, personai ·and elected representatives, agents,
servants, employees, successors and assigns. The undersigned Methodist Healthcare, hereby
promises, declares and confirms that the terms of this Final Release and Settlement

2

CCA SA 0007

Agreement, have been completely read by them and the terms and provisions thereof are fully
understood and are voluntarily accepted by them as in their best interest for the purposes of
making a full and final compromise adjustment and settlement of any and all claims they may
have against Corrections Corporation of America and Shelby County, Tennessee and their
heirs, personal and elected representatives, agents, servants, employees, successors and
assigns.
5. The said William Bass, does hereby promise, declare and confirm that he has
had legal counsel, legal advise, recommendations and legal services of legal counsel in the
person of Ronald Krelstein, Attorney at Law, of Germantown, Shelby C0unty, Tennessee, and
that said attorney has counseled and advised him in connection with the suit that he
individually, and as natural parent having sole custody and being the legal guardian of Alex
Bass, previously instiMed against Corrections Corporation of Amertca, Danny Scott, Glenn
Harris, and Albert Jones, and that said attorney has also specifically counseled and advised
him in connection with his decision whether to accept this settfement and sign this Final
Release and Settlement Agreement and said attorney has fully explained the terms, provisions,
legal effect, legal ramifications and finality of this Final Release and Settlement Agreement and
the results of the execution thereof by him and said attorney has fully advised him and
explained to him all of his rights regarding any claims and suit against Corrections Corporation
of America, Danny Scott, Glenn Harris, Albert Jones and Shelby County, Tennessee and their
heir::s, .personal and elected representatives, agents, servants, employees, successors and
assigns in any capacity. William Bass, individually, and as natural parent having sole custody
and being the legal guardian of Alex Bass understands that upon the execution of this Rnal
Release and Settlement Agreement all of his claims or any parties claims concerning the
injuries and death of Alex Bass against Corrections Corporation of America, Danny Scott,

3

CC A SA 0008

Glenn Harris, Alb.ert Jones and Shelby County, Tennessee and their heirs, personal and
elected representatives, agents, servants, employees, successors and assigns will be forever
released, barred, discharged, acquitted and tenninated.
6.

The undersigned William Bass, agrees that he will accept a draft in the

amount of Three Hundred Fifty-Nine Thousand and 00/100 ($359,000.00) Dollars, payable to
William Bass, Individually, and as natural parent having sole custody and being the legal
guard1an of Alex Bass, and his attorney, Ronald Krelstein, in full and

tina~

settlement,

satisfaction and payment of the consideration for this Final Release and Settlement Agreement
as hereinabove set forth and understood that the settlement draft will be delivered

ro

his

attomey, Ronald Krelstein, at or after the time of the execution of this Final Release and
Settlement Agreement. The undersigned Methodist Healthcare, agrees that they will accept a
draft 1·n the amount of Forty-One Thousand and 00/100 ($41,000.00) Dollars, payable to
Methodist Healthcare/Revenue Assurance, in full and final settlement satisfaction and
payment of the consideration for this Final Release and Settlement Agreement as hereinabove
set forth and understood that the settlement draft will be delivered to them, at or after the time
of the execution of this Final Release and SeWement Agreement Th~ parties agree that this
Agreement may be executed in muftiple counterparts, each of which shall be considered an
original instrument, but all of which together shall be considered one and the same
instrument.
7.

The undersigned W illlam Bass, Methodist Healthcare, and Methodist

Healthcare/Revenue Assurance covenants, agrees and understands that, as part of the
considera-tion for this settlement and the execution of this Final Release and Settlement·
Agreement the terms and provisions of this settlement and the fact thereof are to b.e regarded
as confidential and shall not be disclosed or publicized to any thir~ party whomever including,

4

CCA SA 0009

but not limited to, the news media and agree they will always refrain from disclosing and
revealing to any third party, including, but not limited to, the news media, any of the terms and
provisions of this settlement and the fact thereof and this Final Release and Settlement
Agre·ement.

Fllrther, the undersigned William Bass and Methodist Healthcare, ccvenants,

agrees and understands that the terms and proVisions of this settlement and the fact thereof
are to be regarded as confidential and shall not be disclosed by any of their agents, assigns,
.

'

servants, relatives, and representatives including, but not limited to, their attorneys or any one
acting on their behalf. Should William Bass and Methodist Healthcare or their attorneys be
asked about the outcome of these cases, William Bass and Methodist Healthcare and/or their
attorneys are limited to disclosing that "the case has been resolved" or "the case has been
dismissed with prejudice." Nothing in this Paragraph shall prevent William Bass and
Methodist Healthcpre from disclosing to their attorneys and/or· tax advisors and/or frnancial
advisors the fact of this· Settlement and Release, but said attorneys and/or tax advisors
and/or financial advisors are also bound by the tenns of this Paragraph. Further, it is William
Bass' and Methodist Healthcare's duty and responsibHity to advise their attorneys, tax
advisors and/or financial advisors that- this Settlement and Release is confidential in nature.
Nothing In this Paragraph prevents William BC!SS and Methodist Healthcare and/or their
attorneys from disclosing the terms of this Settlement as may be required by a Court Order,
f

bu1 William Bass and Methodist Healthcare and their attorneys agree to seek to have the
Court (whether federal or state) keep the fact a·nd amount of the Settlement under seal.
Should William Bass, . Methodist Healthcare and/or Methodist Healthcare/Revenue Assurance
disclose or attempt to disclose any matter that the parties have hereinabove agreed to keep
confic;iential, then Corrections Corporation of America shall have the right to seek injunctive
relief, in addttion to monetary damages.

5

CCA SA 0010

8.

The undersigned, William Bass and Methodist Healthcare, further

understand, declare and a9ree that no other promise, inducement or agreement not herein
expressed has been made to them and that this Final Release and Settlement Agreement
contains the entire agreement between the parties hereto and that the terms of this Final
Release and Settlement Agreement are contractual and not merely recital; and this Final
Release and Settlement Agreement shall be construed and interpreted in accordance with the
laws of the State of Tennessee. The parties further agree that Corrections Corporation of
America and/or Shelby County, Tennessee are in no way Alex Bass' insurer or an entity
responsible for paying decedent's medical expenses under a primary plan. The parties also
agree that no "pJan," "primary plan," "self insurance plan," or "arrangement for paying medical
expenses" exists between the parties.

9.

That the undersigned, William Bass and Methodist Healthcare, warrants

that they have or will satisfy any and. all claims of third parties, including but not limited to,
claims for subrogatic:m. unpaid medical bills, intestate rights or otherwise by settlement,
payment or other fonns of satisfaction and that the undersigned;s will indemnify and save
hannless said Corrections Corporation of America, Danny Scott, Glenn Harris, Albert Jones
and Shelby County, Tennessee and thelr heirs, personal and elected representatives, agents,
servants, employees, successors and assigns of and from any and e.very claim or demand of
every kind or character, which may be asserted by reason of said injuries or the effects or
ron sequences thereof whether by tort of contract or by third parties claiming by or through Alex
Bass, William Bass and Methodist Healthcare, either indMdually or as to the wrongful death or
Estate of Alex Bass. William Bass and Methodist Healthcare expressly agree that they are
solely responsible for the payment of any and all applicable federal and/or state Income
taxes t hat may be due and owing as a result of this settlement and the payment to each party

6

CCASA 0011

..
as stated above.

William Bass and Methodist HaattrJcare specifically agree to hold

Corrections Corporation of America, Danny

Scott~

Glenn Hanis, Albert Jones and Shelby

County, Tennessee and their heirs, personal and elected representatives, agents, servants,.
employees, successors and assigns harmless and to. indemnify them for any and all claims
for unpaid taxes that might be brought against them as a result of this settlement. Further,
William Bass and Methodist Healthcare specifically agree that they will cooperate with, and
cause to be executed, any necessary paperwork, documents or items

n~ssary

to

effectuate the terms of this Final Release and Settlement Agreement, including but not
limited to. agreeing to open and administer an Estate in the name of Alex Bass, should such
proc~eding

be deemed necessary by any party.
10.

The undersigned releases and discharges the released parties from all

liability for contribution or non-contractual indemnity to any other tortfeasor, and agrees to
make whole, save harmless and indemnify the released parties for all expenses incurred and
amounts paid, Including costs and attorney's fees, on account of or arising out of any clalm
against the released parties for contribution or non-,contractua! indemnity by any tortfeasor.
11 .

It Js further understood and agreed that, pursuant to the provisions of the

Rules of Evidence, including but not limited to Rule 408, this Settlement Agreement and
Release

shall

not

·be

admitted

into

evidence

against

the

parties.

The Parties may use this COmpromise Settlement Agreement and Release in evidence in
defense of any suit or claim brought or asserted against any party to show accord and
satisfaction of the dispute or claims.
IN WITNESS WHEREOF, William Bass and Methodist Healthcare, have
hereunto voluntarily signed this Final Release and Settlement Agreement for the purposes
mentioned above and have done so in the presence of two witnesses whose names and

7

CCA SA 0012

addresses appear beneath their signatures, and do hereby promise, confirm and state that they
have read this Final Release and Settlement Agreement Q6fore executing

it and have had It

fully explained to_u~derstanding and entire satisfaction by their attorneys.
This

th~_aayv of~. 2006.

~~Ad

ILLIAM BASS, In
ually and as
natural parent and as sole and
legal guardian of Alex Bass and for the
Estate of Alex Bass

ACKNOWLEDGMENT
STATE OF TENNESSEE:

COUNTY

OF~:
PERSONALLY appeared before me a Notary Public, in and for the county and

state above mentioned, the within named William Bass who was personally known to me, and
who upon his oath stated that he has read the foregoing Final Release and Settlement
Agreement and were/was executing it as his free and voluntary act and deed and then did in
my presence proceed to exscute the foregoing Final Release and Settlement Agreement.
~ITNESS

the

my hand and Notarial Seal at office in said county and state on this

-~-avyoK2
~, 2006.

My Commission Expires:

dJ1vt::; / P1 2£8{
8

CCA SA 0013

METHODIST HEALTHCARE

By:_ _ _ _ _ __ _ _ _ _
Title:_ _ _ _ _ _ __ _ _

ACKNOWLEDGMENT

STATE OF TENNESSEE:
COUNTY OF _________

PERSONALLY appeared before me a Notary Public, in and for the county and
state above mentioned, the named _ _ _ _ __ _, being the proper corporate and legal
representative of Methodist Healthcare having the corporate capacity to execute said
document, and who upon their oath stated that they have read the foregoing Final Release and
Settlement Agreement and were/was executing it as their free and voluntary act and deed and
then did In my presence proceed to execute the foregoing Final Release and Settlement
Agreement.
WITNE·ss my hand and Notarial SeaJ at office in said county and state on this
l

the _

day of -

-

- -----' 2006.

Notary Public
My Commission Expires:

9

CCA SA 0014

CERTIFICATION

I, Ronald Krelstein, Attorney for William Bass, and a member of the Shelby
County Bar,· have read the foregoing Final Release and Settlement Agreement and .have
approved the same on behalf of my client, William Bass, and I hereby certify that I have
counseled with the said William Bass on all issues pertaining to the settlement of the claims
and matters mentioned herein and all matters pertaining to the execution of this Final Release
and Settlement Agreement and have explained the legal effects and legal ramifications thereof

to them and I do hereby certify that I secured their voluntary execution of this Final Release
~nd

Settlement Agreement as evidenced by their signatures hereinabove appearing.
This the

.1!0ay of~ ifiJtl7

RONALD KRELSTEIN

By:

..,

RONALD KRELSTEIN
Attorney for William Bass

10

CCA SA 0015

CERTIFICATION
I, Ronald Krelstein, Attorney for William Bass, and a member of the Shelby
County Bar, hav.e read the foregoing Final Release and Settlement Agreement and have
approved the same on behalf of my client, William Bass, and I hereby certify that I have
counseled with the said William Bass on all issues pertaining to the settlement of the claims
and matters mentioned herein and all matters pertaining to the execution af this Final Release
and Settlement Agreement and have explained the legal effects and legal ramifications thereof
to them and I do hereby certify that I secured th~ir voluntary execution of this Final Release
and Settlement Agreement as evidenced by their signatures hereinabove appea·ring.
This the _

day of _ _ _ _ _ , 2006.

RONALD KRELSTEIN

By:
RONALD KRELSTEIN
Attorney for William Bass

10

CCA SA 0016

CERTIFICATION
I, Bill Wade, Attorney for Methodist, and a member of the Shelby County Bar,

have read the foregoing Final Release and Settlement Agreement and have approved same on
behalf of my client, Methodist Healthcare, and I hereby certify that I have counsefed with the
said Methodist Healthcare, on all issues pertaining to the settlement of the dalms and matters
mentioned therein and all matters pertaining

to

the execution of this Final Release and

S.ettlement Agreement and have explained the legal effects and legal ramjfications thereof to
them and I do hereby certify that I secured their voluntary execution of this Final Release and
Settlement Agreement as· evidenced by their signatures hereinabove appearing.
This the _

day of - - - -- -• 2006.

BILL WADE

By:
BILL WADE
Attorney for Methodist Healthcare

11

CCASA 0017

RELEASE

In consideration for the payment by Corrections Corporation of America to Philip
Dowell (''Plaintiff'') of the amount of One Thousand Two.Hundred Dollars ($1,200.00) after the
execution of this release, Plaintiff hereby releases and forever dischlirges Corrections
Corporation of America and the Metropolitan Government of Nashville Davidson County,
Tennessee (''Defendants'') and their agents, officers, directors, successors and assigns from any
causes of action of any kind, known and unknown, that he now has or hereafter may have against
Defendants, including but not limited to those claims asserted or that could have been asserted in
the civil action entitled Philip Dowell v. Corrections Corporation of America and the
Metropolitan Government of Nashville Davidson County, Tennessee, Eighth Circuit Court for
Nashville, Davidson County, Tennessee, Case No. OlC-1967 (the ..Litigation''). This release
expresses a full and complete release of a liability claimed and denied, regardless of the
adequacy of the above consideration. Plaintiff further agrees to a dismissal of the Litigation with
prejudice.
Plaintiff agrees that the construction. interpretation and enforcement of this Release shall

be governed by Tennessee law. Plaintiff further agrees and stipulates that any cause of action
regarding the validity, construction or interpretation of this Release shall be brought only in the
Chancery Court for Davidson County, Tennessee.
Plaintiff hereby acknowledges that he has read and understands the terms of this release.

IGXf-l:>

STATE OF .-..su~l£SSEE

COUNIYOF

tOt-llJJ

)
)

)

Before me, the undersigned, a Notary Public in and for said county and state, personally
appeared Philip Dowell, with whom I loiHl peri~;~aally afO!fU?intecl QF proven to me on the basis of
satisfactory evidence, who acknowledged that be has executed the foregoing instnnnent of his
own free will, and that he did so for the pwposes and considerations therein expressed.
Sworn to and subscribed before me on this~ day of

Public

20033

DtetMbcY , 2002.
[SEAL]

A SA 0018

CONFIDENTIAL SE'ITLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS
The following is a Confidential Settlement Agreement and Release of All Claims
(hereinafter "Agreement") by and.between. Katie J. Farr (hereinafter "Plaintiff') and Corrections
Corporation of America (and their current or fonnor officers, directors, agents, employees,
stockholders, divisions, attorneys, successors, affiliates, subsidiaries, surviving company or
companies by reason of any merger or acqUisition, heirs, executors; administrators, spouses, and
assigns) and Hamilton County, Tennessee (and any and all political subdivisions thereof)
{collectively "Defendants") regarding any and all past and present claims and their future effects
that have aristm. or could arise out. of Plaintiffs incarceration at the Silverdale Detention Center
and the treatment that she received .from Defendants during that ~riod of incarceration.
WITNESSET·H:

WHEIU;AS, Plaintiff filed a civil action against Defendants, which civil action is
cumm:tly pending in the Circuit Court of Hamilton County, Tennessee, bearing docket number
05-C-753 and ·styled Katie J. Farr v. Corrections Comoration of America d/b/a Silverdale
Detention Facility, (the "Civil Actionj; and
WHEREAS, Plaintiff and Defendants now desire to resolve by compromise and
settlement all claims sought to be enforced by Plaintiff against Defendants in the Civil Action. all
claims which were or might have been made against Defendants in the Civil Action, as well as
all claims in any matmer arising .from or connected with Plaintiff's ·incarceration at the Silverdale
Detention Center and the treatment that she received from Defendants during that period of
incarceration.

NOW, THEREFORE, in consideration of the mutual promises con1ained in this
Agreement, the sufficiency of which is hereby aclmowledged, Plaintiff and Defendants do
hereby agree as follows:

1.

Settlement Amount. In consideration for this Agreement, Defendants

agree to pay the total amount of Twelve Thousand Five Hundred ($12,500.00) Dollars which
amount represents compensatory damages for personal injury claimed by Plaintiff as well as
attorney fees. This amount will be paid by check made payable to Katie J. Parr in the amount of

Bight Thousand Three Hundred 1'hirtY Three and 33/100 ($8,333.33) Dollars and check made
payable to Michael M. Raulston in the amount of Four Thousand One Hundred Sixty Six and
67/100 ($4,166.67) Dollars. It is agreed that these checks encompass the tc!tal monetary
consideration to be paid by Defendants to Plaintiff for this settlement, and are paid in full, final
and corilplete settlement of all claims that were or could have been asserted by Plaintiff in the
aforementioned Civil Action or in any other litigation. The parties agree that this amount does
not represent lost wages, and that no payroll taxes will be withheld from this payment. Plaintiff
agrees to accept all responsibility for paying the appropriate taxes, penalties and interest that may
be assessed as a result of the payment of~s am.otmt to her by Defendants.

-

kwlktag•

162 303 834

Ill 11111111111111111111111III
2.522007_l.DOC

CCA SA 0019

1

2.
ConfidentiaHty. Plaintiff agrees to keep completely confidential the
aniount and terms of this Agreement and the circumstance.s giving rise to this Agreement, and
will not disclose, directly or indirectly, any such infonnation to any person or entity with the
exception that she may disclose information regarding this Agreement to tier attorneys and to a
professional tax advisor or tax return preparer for the limited purpose of obtaining advice
regarding or preparing such tax·return or returns as may be necessary. In the event that Plaintiff
makes such limited disclosure to such persons as are authorized by this Agreement, she sba11
affirmatively instruct such persons to abide strictly by the conditions of confidentiality imposed
hereunder: In the event that Plaintiff is asked about her claims against Defendants by some
person or entity other than those specified in this paragraph, Plaintiff is authorized to divulge
~ that such claims have been resolved. Plaintiff further recognizes and acknowledges that
strict confidentiality is of the essence of this Agreement, and that Defimdants would suffer
immediate and irreparable harm in the event of any breach of that confidentiality. In the event of
a breach of this confidentiality provision, this Settlement Agreement sball not be void; however,
Def~dants . may bring an action in a. Court of appropriate jurisdiction to enforce the
confidentiality provisions and to recover appropriate damages, attorney fees and costs.
3.
General Release. Plaintift for and on behalf of hersel~ individually, and
her heirs, executors, trustees, administrators, representatives and assigns, hereby fully, finally,
completely, and forever RELEASES Defendants (including, without limitation, Hamilton
Colllity, Tennessee, Corrections Corporation of America, and CCA of Tennessee, Inc.) from any
and all claims and causes of action \JD.der any federal, state or loc8l statute, ordinance, or under
the common law, which she has or might have agafust Defendants, including. without limitation,
any claim based on express or implied contract; any claims of promissory eStoppel; any action
arising in tort, including, but in no way limited to, medical malpractice, libel, slander,
defamation, intentional infliction of emotional distress, ollt:qtgeous conduct or negligence; any
claim for wrongful discharge, any constitutional claims, including any claim p11I'S\18llt to 42
U.S.C. Section 1983, or any claim tmder all laws relating to the violation of public policy,
retaliation or compensation; any claims arising under disability discrimination, including the
Americans with Di~ties Act; any whistle-blower claims; or any claims under other
applicable federal, state or local law, regulation, ordinance or order, at common law or otherwise
arising out of Plaintiff's incarceration at the Silverdale Detention Center and treatment that she
received while incarcerated there, which Plaintiff now bas, owns or holds, or claims to have, own
or hold, or which she at any time heretofore had, owned or held, or ciaimed to have, own or hold
against Defendants. Piaintiff further releases Defendants from all claims which were alleged or
which could have been alleged by Plaintiff against Defendants for any and all injuries, han:n,
damages, lost wages, medical expenses, penalties, costs, losses, expenses, attorney fees, and/or
liability or other detriment, if" any, whatsoever and whenever incurred, suffered or claimed by
Plaintiff as a result of any and all alleged acts, omissions, or events arising frOm or in any way
connected with any communications, negotiations, dealings, treatment ·and compensation
between Plaintiff and Defendants that have or may have occurred from the beginning of time to
the effective date of this Agreement.

4.
FlnaJ Order. The parties agree that, commensurate with the execution of
this Agreement, Plaint:ift through her attorneys of record in the Civil Action, shall cause to be
entered an Order in the Circuit Court of Hamilton County, Tennessee, reciting the fact that all
252.2007_I.OOC

Page2of5
CCA SA 0020

claims asserted by her in the Civil Action.have been resolv~ dismissing such clamur on the
merits and with prejudice.

s:

Disclaimer of ·liability. Plaintiff acknowledges that Defendants'
'payment of the sum described in paragraph 1 does not constitute and shall not be construed as an
admission of any acts . of discrimination, retaliation, misconduct, or negligence whabloever
against Plaintiff or amy other person, and Defendants specifically disclaim any liability to,
· discrimination, retaliation. misconduct, or.negligence against Plaintiff or any other person, on the
part of themselves, their employees, or their agents, and the abov<>-described payment is made in
order to compromise and settle an unliqUidated obligation which has been disputed by
Defendants. Defendants expressly deny the claims made or which could have been made by
Plaintiff
6.
TaX. Consequences of Settlement Payment. The settlement amount
referenced in paragraph 1 represents attorney fees and compensatory damages for personal
injwy. This payment does not represent lost wages. Consequently. Defendants are under no
obligation to withhold·taxes on ~s payment. In the event any taxes, penalties or liabilities of
any kind are owed,· assessed or incmred by Defendants on this payment, Plaintiff hereby agrees
that such taxes~ penalties, or liabilities will be her sole responsibility and she will fully and
completely indemnify and hold harmless Defendants for such taxes, penalties or liabilities, and·
that Defendants will not .be liable for the paymem of any taxes, penalties-, or liabilities on her
behalf. Defendants will issue appropriate 1099 forms· to Plaintiff and her attorney. Nothing
herein ·shall be construed or relied upon as advice or opinion by or on behalf of Defendants
regarding the tax treatment of the settlement payment. and Plaintiff hereby expressly
acknowledges that she will rely solely on her own accolUltantt attorney or advisor for such advice
or opinion.
7.
Complete De{ense and Indemnification. Plaintiff acknowledges and
agrees that this Agreement may be used by Defendants as a complete defense to any past,
present. or future claim or entitlement which Plaintiff bas against Defendants for or on account
of any matter or thing whatsoever arising out of her relationship with Defendants and which bas
been set forth herein. Plaintiff also understands and agrees to indemnify Defendants for any
costs, damages. and attorney fees which it may incUr in defending or prosecuting claims arising
out of or caused by Plaintiff's breach of this Agreement · Defendants tmderstand and agree to
indemnify Plaintiff for any costs, damages, and/or attorney fees which she may incur in
defending or prosecuting any claims arising out of or caused by Defendants' breach of this
Agreement.
·
8.
FuD Knowledge and Volition. Plaintiff represents and acknowledges
that, in- executing this Agreement. she does not rely and has not relied upon any othei
representation or ~ement made by Defendants or by any of Defendants' agents,
representatives, or attorneys with regard to the subject matter, basis, or fact of this Agreement
(other than the payment of the settlement amounts stated in paragraph 1 herein). Plaintiff further
represents and acknowledges that she has thoroughly discussed all aspects of this Agreement
with her .attorneys, that she has carefully read and understands all of the prov.itions of this
Agreement, and that she is voluntarily entering into this Agreenient Plaintiff acknowledges and
2522007_l.DOC

Page 3 of5

CCASA 0021

confirms that the only consideration for her signing this Agreement are the terms and conditions
stated in this Agreement, that no other promise or agreement of any kind, except those set forth
in this Agreement, has been made to her by any person to cause her to sign this document.

9.
No Assigument. Plaintiff represents and warrants that she is the sole
owner of and has not sold, pledged, assigned, granted or otherwise transferred part or all of any
ciaims that have or co'U.ld have been pursu~ by Plaintiff against Defendants.

10.
Governing Law. This Agreement is made and delivered in the State of
Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said
state.
11.
Severability of Provisions. The parties agree that, should any part, tenn
or provision of this Agreement be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to
be a part of this Agreement.

. 12.
Complete Agreement. This Agreement contains the entire agreement
between Plaintiff and Defendants, and there is no agreement on the part of either party to do any
act or thing other than as expressly stated in this Agreement This Agreement supersedes any
other ·agreement, either oral or in writin& between the parties. There will also be no
modifications or amendments to this Agreement unless they are in writing, signed by all parties.
WHEREFORE, the undersigned have caused this Confidential Settlement

~~mW~le~tobe~~oo~~~~~

L/1ou 4 2-00~

Date:
Sworn to 91d subscribed before
me this _K_ day of ~2005.

~~
My Commission Bxpires:3t'lq

'cfl

-"'''''''"''"""''#~.
SP{Jp''IA
• ••••••• !713:~

~
~llii" STATE "•;:- ~
§ :
OF
.. ~
~ i TENNESSEE : ~
'"...
_<:!!:

%\
\

""~ D'(
•

·-~~~

j §

NOTARY

..... PUBLIC •••••

I

~~/::t,~._~.......
•
~.OS
~.Jta.V
~lti}!'{fl10N

~~-

~''ffl""'"""~

2522007_l.DOC

Page4of5

CCA SA 0022

"

.CCA ofTennossee, Inc. and
Hamilton County and Tennessee

~~

Title:

V {! "

nate:

~

fh;WM ~ {]J{~
\

I ,.,-f(. . ob

Swom to and subscn"bed before
me this .t:f!dar 0~1 ~ 2005.
'

.

2522007_1.DOC

Page 5 of5

CCA SA 0023

095-008-00

IN THE CIRCUIT COURT FOR HARDEMAN COUNTY, TENNESSEE
AT BOLIVAR
)
DAVID GARDNER,
)
Plaintiff,
)
)
vs.
)
No.: 9396

)
LARRY CRAVEN, et al.,
Defendants.

)
)
)

SETTLEMENT AGREEMENT AND RELEASE

THIS AGREEMENT is made by and among David Gardner (hereinafter referred

to as "Plaintiff') and Corrections Corporation of America, Larry Craven, Kathy Watson
and Christina Daniels (hereinafter referred to as "Defendants").
WHEREAS, the Plaintiff filed an action in the Circuit Court for Hardeman County,

Bolivar, Tennessee against the Defendants, Corrections Corporation of America, Larry
Craven, Kathy Watson and Christina Daniels designated as Civil Action No. 9396 and
Defendants have denied all liability therein in the case; and
WHEREAS, the parties hereto have entered into an agreement for the settlement

of the above action in an effort to avoid costly, unnecessary litigation and to fully and
forever compromise and resolve all outstanding issues of law and fact in regard to all
claims made and that might have been made in the above-captioned suit.
NOW THEREFORE, it is hereby agreed by and among the parties as follows:

1. Corrections Corporation of America (hereinafter referred to as ..CCA") agrees
to pay to the Plaintiff, David Gardner. the sum of ONE THOUSAND ($1 ,000.00)
1

Initials:

0- 6.

----------------------·------------------------------------CCA$~4---

DOLLARS in full and final settlement of the above cause of action.
2. In consideration of the above and foregoing payment and mutual promises,
the Plaintiff, David Gardner, does hereby release, acquit and forever discharge
Defendants, CCA, Larry Craven, Kathy Watson and Christina Daniels and all past,
present and future officers, directors, stockholders, agents, representatives, employees,
insurers, attorneys, assigns and successors in interest of and from any and all claims,
demands, causes of actions and suits at law or in equity of any kind or type or nature
whatsoever, whether such injury or damage is now known or unknown, past, present or
future, arising out of or based upon any personal injuries or damages of any kind
actually or allegedly suffered by Plaintiff as a result, directly or indirectly, in whole or in
part, which Plaintiff ever had or which he may now have or may at any time hereafter
assert against the Defendants (1) concerning any acts or omissions of Defendants, or
(2) arising out of the incident(s} having been made the basis of litigation filed under Civil
Action No. 9396.• in the Circuit Court for Hardeman County, Bolivar, Tennessee under
the style of David Gardner vs. Larry Craven et at.,

including all claims asserted by

Plaintiff in the referenced litigation and as are more fully described in the pleadings filed
in that cause. Plaintiff does further release, acquit and forever discharge Defendants,
CCA, Larry Craven, Kathy Watson and Christina Daniels, from any and all claims,
demands, actions, causes of action and suits of law or in equity. and all claims of any
nature whatsoever arising out of or resulting from the aforesaid litigation or from any
conditions that arose in his confinement with Corrections Corporation of America at any
time whether in contract or in tort for any and all injuries, damages, claims, losses or
demands of whatsoever kind, type and character which may have been sustained,
2
Initials: D, G,

___

------------------------------------------~------~c
~c
~A~~~s

experienced or incurred by whether known or unknown at this time, and whether in
existence or not in existence at this time, or which may develop, appear or become worse,
aggravated or disabling or result in death or other consequences in the future or arise or
appear in the future.
3. The undersigned, David Gardner, agrees as consideration of this agreement,
that a draft in the amount of One Thousand Dollars and 00/100 ($1 ,000.00) Dollars, shall
be made payable in his name, and that per the request of the undersigned, David
Gardner, the check shall be delivered to his sister, Adrianne Dunn at 2607 South Main
Street, House 6, Springfield, TN 37172, and upon delivery of the check to his sister,
Adrianne Dunn, all claims by David Gardner are hereby released against any and all
Defendants and David Gardner agrees to these terms of payment in full and final
settlement, satisfaction and payment of the consideration for this Final Release and
Settlement Agreement as hereinabove set forth and. understood that the settlement draft
will be delivered to his sister, Adrianne Dunn, after the time of the execution of this Final
Release and Settlement Agreement and the entry of the Agreed Order of Dismissal in the
Circuit Court of Hardeman County, Civil Action No. 9396.
4. It is understood and agreed that this Settlement Agreement and Release shall

be binding upon and inure to the benefrt of the parties and their respective heirs,
representatives. successors and assigns.
5. It is understood and agreed that the payment of the hereinabove described
consideration by the Defendants, is not to be construed as an admission of liability on
the part of the Defendants.

Any payment made hereunder is in compromise and

settlement of the Plaintiffs claims which are not admitted. This Release is being given
3
Initials:!) . G

by the Plaintiff voluntarily, and is not based upon any representations of any kind made
by the Defendants CCA, Larry Craven, Kathy Watson and Christina Daniels or their
representatives as to the merits, legal liability or value of Plaintiffs claims, or any other
matter relating to those claims. In making this setUement, Plaintiff relies wholly upon
their own judgment, belief and knowledge of their rights.
6. It is understood and agreed that the Plaintiff will not disclose the terms of this
Release, whether or not any money was paid or received hereunder, and the amount of
such money; nor shall the Plaintiff make any further statement or comment whatsoever,
oral or written, with regard to the terms, amount of settlement, or matters settled
pursuant to this Release, other than that they have been resolved to the mutual
satisfaction of all parties involved and to file the required Order dismissing said case.
Should the Plaintiff disclose or attempt to disclose any matter which the parties have
hereinabove agreed to keep confidential, then the Defendant shall have the right to
seek injunctive relief, in addition to monetary damages.
7. The Plaintiff warrants that he has read this document carefully and signs the
same as their own free act. Plaintiff represents and warrants that he is over 21 years of
age and legally competent to execute this Release and that before executing this
Release, he fully understands the same and executes it with the full knowledge of its
contents and meaning.
8.

The undersigned further understands, declares and agrees that no other

promise, inducement or agreement not herein expressed has been made to him and that
this Final Release and Settlement Agreement contains the entire agreement between the
parties hereto and that the terms of this Final Release and Settlement Agreement are
4

Initials: .D . G.

- - - - - - - - - - - lCCA.SA 002J _

contractual and not merely recital: and this Final Release and Settlement Agreement shall
be construed and interpreted in accordance with the laws of the State of Tennessee.
9.

That the undersigned, David Gardner, warrants that he has or will satisfy any

and all claims of third parties including but not limited to for subrogation or unpaid medical
bills or otherwise by settlement, payment or other forms of satisfaction and that the
undersigned will indemnify and save harmless said Corrections Corporation of America
and their heirs, personal representatives, agents, servants, administrators, successors and
assigns of and from any and every claim or demand of every kind or character, which may
be asserted by reason of said injuries or the effects or consequences thereof whether by
tort of contract or by third parties claiming by or through him.
10.

It is further understood and agreed that, pursuant to the provisions of

Tennessee Rules of Civil Evidence, this Settlement Agreement and Release shall not
be admitted into evidence against the Plaintiff or Defendants.

Plaintiff or the

Defendants may use this Compromise Settlement Agreement and Release in evidence
in defense of any suit or claim brought or asserted against Plaintiff or Defendants to
show accord and satisfaction of the dispute.

5

Initials:O. 6 .

·------GGA-SA--002~8- -

IN WITNESS WHEREOF, the parties have hereunto set their hands on the day
and date indicated below.

6J.w\d. (b~~

By:
David Gardner #94231
North West Correctional Complex
Rt. 1, P.O. Box 660
Tiptonville, Tennessee 38079

PENTECOST, GLENN & RUDD, P.L.L.C.

By.~

oATE:____.~+-P-~-/o--'-Y_ __

William B. Mauldin #022912
Attorney for Defendants
Corrections Corporation of America
Larry Craven, Kathy Watson and Christina Daniels
106 Stonebridge Boulevard
Jackson, Tennessee 38305
(731 ) 668-5995

6

Initials:.O. b.

- - -· -- --+C'f-€1.l&.A -8-A----{}029"" - -

NOTARIZATION
STATE OF TENNESSEE
COUNTY OF LAKE,

On

tbis~&..fl..oay of ~~

, in the year of lO()C#, before me,

a Notary Public of the State of Tennessee duly commissioned and sworn, personally
appeared

.]).AVIP Go....rdnex-

showing proof of identification to

be the person whose name is subscribed on this instrume~t and acknowledged that

executed it

My Commission Expires Decem~r 03, 2006

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
This Confidential Settlement Agreement and Release ("Agreement,) is made and entered
into by Roberto Jeni Gatewood ("Plaintiff') and Conections Corporation of America, Josh
Evans, Unit Manager Karz E. Miller, Warden Bernard P. Palmer, and Warden Michael C.
Samburg ("Defendants), on this
£:,
day of September, 2005.
1.

Defendants shall pay to Plaintiffthe sum of$12,500.

2.
Plaintiff hereby releases, acquits, and forever discharges Defendants from any and
all claims, including all claims that were asserted or could have been asserted in a civil action
filed in the District Court for the Middle District of Tennessee, No. 3:04-0801 ("Lawsuit").
Plaintiff acknowledges that this Agret.ment constitutes a general release of Defend.ants for all
such claims. Furthermore. Plaintiff waives and assumes the risk of any and all claims or
damages which exist as of this date, but of which Plaintiff does not know or suspect to exist,
whether through ignorance, oversight, error, negligence, or otherwise, and which, if known,
would materially affect his decision to enter into this Agreement.

3.
This Agreement and the foregoing release shall also apply to all of Defendants'
past, present, and future employees, agents, officers, directors, representatives, affiliates,
partners, predecessors, and successors in interest. This Agreement and the foregoing release
shall also include any and all entities owned currently or previously, in whole or in part, by
Defendants.
4.
Plaintiff acknowledges that this Agreement does not indicate an admission of
liability by Defendants, by whom liability is expressly denied.

5.
Def~dants' attorney will file an order of dismissal with prejudice as to all of the
claims against Defendants in the Lawsuit. Plaintiff further agrees to cooperate in the execution
of any other documents necessary to complete the resolution of these claims and the dismissal of
the Lawsuit.
6.
Each party is responsible for their own dis(,Tetionary costs. Plaintiff shall pay the
court costs in the "Lawsuit in full.

7.
Plaintiff and Defendants shall not disclose the terms of this Agreement to any
person or. entity not a party to this Agreement except as required by law or for a legitimate
business purpose.
8.
Plaintiff acknowledges that he has fully read and understands all the terms of this
Agreement, that he has received the advice of counsel with respect to executing it, and that he
executes it voluntarily and with full knowledge of its significance.
Any purported modification of this Agreement other than one in writing signed by all
parties shall be void and of no force and effect.

CCA SA 0031

ROBERTO JENI GATEWOOD

Date:

tJ9-

08- 2C!JS

CORRECTIONS CORPORATION OF AMERICA
ONBEHALFOFALLDEFENDANTS

,. 7
By:
Its:/ r

. ·'-

c;

,I

· -~~,( l[J~~l/-- ~U~t.·

/lCb ;." Lf.,JJbJ. E· 1l;dtc.~ ~YM £/~ ( ~/vL!-Y-..
~·

0 ~ __
Dare: _______~
__________

f-· -; _).

4 1954

2

CCA SA 0032

t-'Aa

h4El0

~~

P. 1

IN THE CJRCtJIT COURT OF SHILBY CO
JOR 'l1IE TRlkTIETJI JUDICIAL
A.TMIMPBJS
JOSHUA GILES, a a:dnor blalf
ad .lllotbc', Sbetb TayJoJ,

)
)

)

Pw.turs.

)
)

DE.rAR'J'M&NT O.F CHILDRENS'
SERVICES 01' THE STAT! Of
TENNESSU, CCWI'ALL TUES,

CCAJPRJSON UALTY TRUST,
MR. ROtrTEN,

Detuadauta

)
)
)
)

)
)
)

)
)

COMPROMISE R'ITLEMI:.~ AND A

mJS AGRE~ ia made by and amana JoWl&
Sheila Til)'lor, {hereinafter referred to as •:Pta.lnt1f.r1'"') and CC
Realty Trust~ referred to as 'eodendauts").

WHER&AS, U. Plaimifffiled an action ib tho Cin:uit
Tenn"see for~ TAi.rtoenth J"ud~ial Diltrkt at Momphtt &pin
Tn=s and CCAIPrison Realty Ttust~ ~ ClviJ AGtion

. C!·OOl~OJ..02 and

Defendants have deaifd all liabilliy therein iu ~ case; and

WH£R£AS, t!sc partie~ hereto havo en~ iMo 1ft a
abo\·e actlon in an effort to avoid cost!)', UDnOc.leSJuy litiption

t

for tlle ~ent of the

to Mly and fo~nr

comprom.is• and rosolvo aU ouutafidi.Da it~uoJ of lew Md Aet m

----

-~--- --·~- ~---- -~-----·------------ - - - CCA SA 0033- -

that mJght have been made in the a~..eaptloned 5\Ut.
NOW THEREFORE, 1t i! hereby ailced by and. amo
1.

C~ns Co%p(nation of Amerka, ~behalf

ot

RWty Trust agreas to pe.y to the .Plaintiffs, Joshua Oil~ a m.!

Taylor, the sum ofS~vc:ntttn Tho~sand

Fm Hundred Oollm (

sottl~ of rhe above cau1c of action and the Plaintiffs, Josh

17~.00) io full aNi final
Gil=s, a minor 0/nlf IUid m~r.

Sheila Taylor, l$ to pay all com aaS®iated with the 'briDJI21g of · ac1ion. 1'b.e Plainiiffa agrca
thai they ~iU be paid with one obeck.ln tbt amount of~ent

Dollar; (S 17,500.00), made payahl: to Joshua Oib. Sbcila T~tyJ r, ancl their llt20.mey Addie

Burka:

2. Ia consideration oftbe abOve 8nd fore&oina pay.Mtnt
Plainn ffs, Sodnla Gilea, a m.inm bfnlf aod mother, Sblila Taylor c!o hereby relt:~te. aoquit IZ)d
forever ciil¢hUie ~ CCAITall T!eCS and CCAIPriJon catty 1'ruJt, md all~ prcleni

and t\1::\lre officm, directon, stockholdm, agents, reprucntativ , empll))'cet, insurefs,

atto.nleyS.. ~siaos or meessors in interest of and from any and a
actions and suitt 111 U.W 01 in equity of any killd 01 tYpe or IU!.tllre

injl.a)r or datnaie ia now known or WlknoWD. put. -~or f\J

er, w.hatber ~

, arlsina out ofor based upon

any personal injuries or clamap of any lcind aotually or allc
result, directly or ~tty, ln vk.ole or in put. which Plaintifti

er bid or which be may oow

have oc may lit any time h~ufter assert aJ&inst the Dofeftdants ( ) eoncentioa .apy acts or
omUsions of De~, or (2) arisiiJi o~ ofthe i®ldont(t) ·
litigation filed \alder Civil Action No. CT.OOJ99S-02. in 1he Ci

2

• --- ------

__ _ _ - - - - - - - _ -------------. --CCASA 0034

ll/~Yil~~4

~i~v

~~:~Y

1). 2304

o~b~l~~

5 · 36:'~

Tenneuee for tbt ~nth Judicial District at Memphis,

mine.• blnlfand moth•r. SMIIa TetyltW v. Dfparttrr«nt ofCitlldre
TtnrwtHil,

~' Servtces oftilt Sttul cj

CCNTallt'N.u, CCA/1>1i.sotr /Walty n-u..t and Mr.

U&en:d 'by Plaln1Iffa in the ftferenctd litiaation aDd u are more tully d~'b~ fn ibe p1eadinp

.fi1td mthat cau10. PlaimiffJ do futt1JIIl' ~l=ue. acquit and fore r diJobarve the Defendant~!

from &11)' 4nd all claims, demand$, actions, CIUS~I ofaction and \liTJ Oflaw OT 1ft equity aM aJl
cll.ims of any nature whatsoever ari~111 out ofor reJUhlns ftom
3. lt i' underttooe ar~d epced that this CompromiH
shall be: bi.ndina upc>n and inure to tb~ benefit of the partles and

ent Ap-eem~t and a.ue
!r rcspecti~ heil'l.

representative¥, IUCCeiSOra -.nd usisza.
4. lt i$ W1demoo<i md aped that the J'lyment of the

iJia'bovt d..mbed

considaratioo by the Defendants. is not to be construed ns an
~ Defmact..

Any payment made •tmdcr i1 in ~ompromi

claims, which are oot admitted. This Releue ia being gt\.'eD by

Pt.intifU vobmtaricy, and is

not baae~d upon any r~pm=t.tions of aey k~ m&de by any ~

os to th' merits, legal iiabili'Y or value ofPlaintiff's claims, or
clcims. ln matdng th.ll' settlement, Plahnlm rtly wboUy upoc fb r oWD jud~tnt, beliet and
Jcn(Jwtedac of their riatus.
5. lt is u:nd.rstood and apd that neither 1M Plailltiffs

~ Dd'c®anu

will lii&eloao

Ut• tenna Ql thii Reloa5e. ~er or not uy at~y was ptdd or c~ved her~r. and the
Amount of suoh :noDe)'~ nor eha11 the Plaimlf& orlht t>ereru!ants tltt any further !TllmMent or
comment whatJoevw. oral or written, wlt.i rtiard to~ terl'n$.
3

-- ---···--

---~-...

-----

-~----

_____ ·-·------ - ----- -----

_..

·-· - CCA-SA -0035 - · -

11 / ~~ ~~~~4

~~:~Y

ho" 1).

2 ~04

1-'At:t.

b~b~1~~

5: 37PM

l::ll:l

r. ;

b 4flO

settled puriUAJ)t 'lC this blca~e, otber than 1bat they have boon solved to th~ mutual satllfac:tion
ofall parties inv.olwd md to~ the required OrcSer diainina

·d case. his futthc •sroed

wt

the pvtica may cliKlcm the~ ~~nWWtt ofs.ulcme111 oro

settlement with petSODt who have a need to bow. such at11X
Should oithef fltafy d.isolose ·

or attempt to d.isolose ay matter whltb tbe panlos bave hereina ve .&&reed to keep eoofidcntiaJ~
then lhe ~ part)' aball have the riaht to aetk iqj Wlctivc relief,: addition to mODetar)'
damBFJ.
I ~I)'

6. The Plaindftil "W8ft'aDt that they have rud tbil docwo

and mgn the same

u tbcir own me ad Plaunifii represent and warrant tbal ~
legally competent to e~ thia blease ud that b1f0re exe

• ~ this Reloue, they JUlly

Wlderst&nd tht samt and ex:ecuce It with the .filll knowledgo of ccntents and mN!Iinc.
1. 1t it ~mdcntood az2ci ag~CCd that, pumant to the proviJ ons ofF ~deral Rules of

Evidenoe, Rule 408, thiJ Compromise Settlemnt A;mmmt

into ~idence qainst the Plllotifii or D~. P.laiuti1& or

tnclants m111'* thi!

Compzomlat Settlcsm= Agmm=t 8Dd Rel~ in evidence in d
brou~ or uscned agaJMt

PlAintiffor Dofcndants to show aco

4

·--- _ -·---- __ ----- · · - - - - - - · - - · - - - - - - ~- - - · - - - - - - - ·-- GCASA 0036

PAS%:
~~

4Eq

l:l'::l

P. 5

IN WITNESS WBEREOJ'. the partie1 have hert'Wlto
indi~ated below.

STA.1'E OF TENNESSEE:
COU}.l'fY OF SHBLBY:
OrJ.

thls~day of Ah 1 ~004, befCR.me ~!'!Ill

to me: kn<JWJ1 (ot proved to 111~ on the buis of satisfactory o
dbu:ribcd in and w:b:l eocemnod the foregoq WrwniDt; IDd
same a his free ICt and detd.

~s,\2;~· and Oftkl~2=-- at

om

......

'

5

----- -

- - ------·· - - - - - - -· ·--CGASA 0037

1-'A\:C.

1~

"'
'

I

Attorney for PlainUft"s:

~~-

10;::::
ADD
Att

f1

DA

s ' \-

30

-oy

•

Memphis, Ten.ne~~~ee 38103
(90l) ~2$-7100

6

---- ·- --- -

~ ._

CCA SA 0038-- -

CONFIDENTIAL RELEASE OF ALL CLAIMS
The following is a Confidential Release of All Claims (hereinafter "Release") ·by
and between Janice Elvira Wellington Hammonds, (hereinafter ''Plaintiff'), and Corrections
Corporation of America, Silverdale (CCA) at Chattanooga, 1N, Alen Bargery (Warden), Kavin
Johnson, M.D. (hereinafter collectively "CCA''), and Arama:rk Correctional Services, Inc.
(hereinafter "Aramark")(collectively hereinafter "Releasees"), regarding any and all past and
present claims and their future effects that have arisen or could arise out of Plaintiff's Complaint,
filed with the Court on or about October 3, 2002.

WITNESETH:
WHEREAS, Plaintiff filed a civil action against Defendants CCA, which civil
action is currently pending in the Circuit Court of Hamilton County, Tennessee bearing docket
number 02Cl75l, and styled Janice Elvira Wellington Hammonds v. Corrections Corporation of
America. Silverdale (CCA) at Chattanooga, TN. Alen Bargery (Warden). Kavin Johnson, M.D.
v. Aramark Correctional Services. Inc. (the "Civil Action");
WHEREAS, Defendants CCA then filed a Third Party Complaint on April 30,
2003, against Aramark Correctional Services, Inc. in said Civil Action; and
WHEREAS, Plaintiff, CCA and Aramark now desire to resolve by compromise
and settlement all claims sought to be enforced by Plaintiffs agamst CCA and by CCA against
Aramark in the Civil Action, all claims which were or might have been made against CCA and

Aramark in the Civil Action, all claims which were or might have been made by CCA against
Aramark, as well as all claims in any manner arising from or connected with Plaintiff's alleged
injuries occmring on February 1, 2002 and May 1, 2002, and any other claims that she may have
against CCA and Aramark and that CCA may have against Aramark;

NOW, THEREFORE, in consideration of the payments and promises described
in this Release, the sufficiency of which are hereby acknowledged, Plaintiff, CCA and Anmlark
do hereby agree as follows:

1467336_2.DOC

- 1CCA SA 0039

1.

follows.

Settlement T erms. In consideration for this Release, the parties agree as

CCA and Arama.tk will each pay the Plaintiff the sum of One Thousand Dollars

($1,000.00), for a total payment to the Plaintiff of Two Thousand Dollars ($2,000.00) in full and
final settlement

2.

Confidentiality.

Plaintiff agrees to keep completely confidential the

amount and terms of this Release and the circumstances giving rise to this Release, and will not
disclose, directly or indirectly, any such information to any person or entity with the exception
that she may disclose information regarding this Release to her attorney, members of her
immediate family, and to a professional tax advisor or tax return preparer for the limited purpose
of obtaining advice regarding or preparing such tax return or returns as may be necessary. In the
event that the Plaintiff makes such limited disclosure to such persons as are authorized by this
Release, she shall affirmatively instruct such per~on8 to abide strictly by the conditions of
confidentiality imposed hereunder. In the event that the Plaintiff is asked about her claims
against CCA and Aramark by some person or entity other than those specified in this paragraph,
the Plaintiff is authorized to divulge only that such claims have been resolved. Nothing in this
Release shall prevent the Plaintiff from responding to a subpoena issued by any agency or court
of competent jurisdiction.
Plaintiff further recognizes and acknowledges that strict confidentiality is of the
essence of this Release and that CCA and Aramark would suffer immediate and irreparable harm
in the event of any breach of that confidentiality. In the event of a breach of this confidentiality
provision, this Release shall not be void; however, CCA and Aramark, or either of them, may
bring an action in a Court of appropriate jurisdiction in Hamilton County, Tennessee, to enforce
the confidentiality provisions.
3.

General Release. Plaintiff: for and on behalf of herself: individually, and

her heirs, executors, trustees, administrators, representatives, and spouse, hereby fully, finally,
completely, and forever RELEASES CCA and Aramark, jointly and severally, their parents,
subsidiaries and affiliates, shareholders, respective past and present officers, directors, attorneys,
l467336_2.DOC

-2-

CCA SA 0040

employees, agents, predecessors, successors, assigns, and any person or entity charged or
chargeable therewith, from any and all claims and causes of action under any federal, state or
local statute, ordinance, or under the common law, which she has or might have against CCA
and Aramark. This release specifically includes, but is not limited to, any claim of negligence or
civil rights violation pertaining to the alleged injuries occurring on February 1, 2002 and May 1,
2002, while Plaintiff was incarcerated at the Silverdale Detention Center in Chattanooga,
Tennessee. Plaintiff further releases CCA and Aramark from all claims which were alleged or
which could have been alleged by Plaintiff against CCA and Aramark for any and all injuries,

harm, damages, lost income, penalties, costs, losses, expenses, attorney fees, and/or liability or
other detriment, if any, whatsoever and whenever incurred, suffered or claimed by Plainti.ff as a
result of any and all alleged acts, omissions, or events arising from or in any way connected with
any communications, negotiations, and dealings between Plaintiff and CCA and Aramark that
have or may have occurred from the beginning oftime to the effective date of this Agreement.
Fmther, in consideration of Aramark's payment to Plain~ as set forth above,
CCA releases Aramark, its paren~ subsidiaries and affiliates, shareholders, respective past and
present officers, directors, attorneys, employees, agents, predecessors, successors, assigns, and
any person or entity charged or chargeable therewith, from any and all claims and causes of
action arising from, or which could arise from, the claims made or which could have been made
by Plaintiff in the Civil Action, and specifically but not limited to those claims set forth iii its
Third Party Complaint filed in the Civil Action.
4.

Final Order. The parties agree that, commensurate with the execution of

this Release and the delivery of the settlement checks, Plaintl.f'f: pro se, shall cause to be entered
an Order in the Circuit Court of Hamilton County, Tennessee reciting the fact that all claims
asserted by her in the Civil Action have been resolved, dismissing such claims on the merits and
with prejudice, and CCA shall cause to be entered an Order in the same Civil Action dismissing
with prejudice all claims made in its Third Party Complaint.

1467336_2.DOC

-3CCA SA 0041

5.

Disclaimer of Liability. Plaintiff acknowledges that the settlement terms

and payment of the sums described in Paragraph 1 do not constitute and shall not be construed as
an admission of any acts of misconduct or negligence whatsoever by CCA or Aramark against
Plaintiff or any other person, and CCA and Aramark specifically disclaim any liability to,
misconduct toward, or negligence against Plaintiff or any other person, on the part of themselves,
their employees, or their agents, and the above-descnbed payments are made in order to
compromise and settle an unliquidated obligation which has been disputed by CCA and
Aramark. CCA and Aramark expressly deny all claims made or which could have been made by

the Plaintiff.
6.

Tax Consequences of Settlement Payment.

The settlement amounts

referenced in Paragraph 1 represent attorney fees and compensatory damages claimed by the
Plaintiff. The parties aclatowledge that CCA and Aramark are under no obligation to withhold
taxes on these payments. In the event a taxing authority determines any taxes are owed on these
payments, the Plaintiff hereby agrees that such taxes will be her sole responsibility and that CCA
and Aramark will not be liable for the payment of any taxes on their behalf. Plaintiff agrees to
indemnify CCA and Aramark for all taxes, penalties and interest that may be assessed as a result
of the payment of this settlement to her by CCA and Aramark.
7.

Complete Defense.

Plaintiff acknowledges and agrees that this

Agreement may be used by CCA and Aramark as a complete defense to any past, present, or
future claim or entitlement which she bas against CCA and Aramark for or on account of any
matter or thing whatsoever arising out of her relationship with CCA and Aramark and which has
been set forth herein.
8.

Full Knowledee and Volition. Plaintiff represents and acknowledges

that, in executing this Release, she does not rely and has not relied upon any other representation
or statement made by CCA or Ararnark, or by any of their agents, representatives, or attorneys
with regard to the subject matter. basis, or fact of this Release (other than the payment of the

settlement amounts stated in Paragraph 1 herein). Plaintiff further acknowledges that she bas the
J467336_2.DOC

-4-

CCA SA 0042

option to thoroughly discuss all aspects of this Release with an attorney, that she has carefully

read and understands all ofthe provisions of this Release, and that she is voluntarily entering into
this Release. Plaintiff acknowledges and confirms that the terms and conditions stated in this
Release are the only consideration for her signing this Release, and that no other promise or
agreement of any kind, except those set forth in this Release, has been made to her by any person

to cause her to sign this document.

9.

Governing Law. This Release is made and delivered in the State of

Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said
state.

10.

Severability of Provisions. The parties agree that, should any part, term

or provision of this Release be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to

be a part of this Release.

11.

Complete Agreement.

This Release contains the entire agreement

between Plaintiff, CCA and Aramark. and there is no agreement on the part of either party to do
any act or thing other than as expressly stated in this Release. 11ris Release supersedes any other
agreement, either oral or in writing, between the parties. There will also be no modifications or
amendments to this Agreement unless they are in writing, signed by all parties.
WHEREFORE, Plaintiff and CCA have caused this Confidential Release to be
executed on the dates indicated below.
{Signatures continue on next page}

1467336_2.DOC

- 5-

CCA SA 0043

r!k$~

iANicE ELVIRA WELLINGTiiAMMONDS

My-commission expires: ~~

{Signatures continue on next page}

!467336_2.DOC

-6 -

CCA SA 0044

Corrections Corporation of America

My c-ommission expires: .JJ
- 7!6 ~
I

CCA_HAMMONDS_SE'ITLBMENT AGREE."-'fENT

-

7·

CCA SA 0045

CO~EN~SErnEMENTAGREEMENTAND

RELEASE OF ALL CLAIMS
The following is a Confidential Settlement Agreement and Release of All Claims
(hereinafter "Agreement") by and between Marvin Hinton (hereinafter "Plaintiff") and CCA of
Tennessee, Inc. and Corrections Corporation of America and Corrections Corporation of
America (and their current or former officers, directors, agents, employees, stockholders,
divisions, attorneys, successors, affiliates, subsidiaries, surviving company or companies by
reason of any merger or acquisition, heirs, executors, administrators, spouses, and assigns) and
Hamilton County, Tennessee (and any and all political subdivisions thereof) (collectively
"Defendanf')regarding any and all past and present claims and their future effects that have
arisen or could &'ise out of Plaintiffs incarceration at the Silverdale Detention Center and the
treatment that he received from Defendant during that period of incarceration.
WITNESSETH:
WHEREAS, Plaintiff filed a civil action against Defendant in Hamihon County
General Sessions Court, bearing case number 05GS6130, which civil action was appealed to and
is currently pending in the Circuit Court ofHamilton County, Tennessee, bearing docket number
05C~1685, and styled Marvin Hinton v. Corrections Corporation of America, (the "'Civil
Action''); and
WHEREAS, Plaintiff and Defendant now desire to resolve by compromise and
settlement all claims sought to be enforced by Plaintiff against Defendant in the Civil Action, all
claims which were or might have been made against Defendant in the Civil Action. as well as all
claims in any manner arising from or connected with Plaintiffs incarceration at the Silverdale
Detention Center and the treatment that he received from Defendant during that period of
incarceration.
NOW, THEREFORE, in consideration ofthe mutual promises contained in this
Agreement. the sufficiency of which is hereby acknowledged, Plaintiff and Defendant do hereby
agree as follows:
1.
Settlement Amount. In consideration for this Agreement, Defendant
agrees to pay the total amount of Seven Thousand Nine Hundred and 00/100 Dollars ($7,900.00)
by check made payable to Marvin Hinton and John M. Wolfe, Jr., which amount represents
compensatory damages for personal injury claimed by Plaintiff as well as attorney fees. It is
agreed that this check encompasses the total monetary consideration to be paid by Defendant to
Plaintiff for this settlement, and is paid in fuJ.L fmal and complete settlement of all claims that
were or could have been asserted by Plaintiff in the aforementioned Civil Action or in any other
litigation. The parties agree that this amount does not represent lost wages, and that no payroll
taxes Vviil oe ·.viti.theld from this payment. Plaintiff agrees to accept all .responsibility for paying
the appropriate taxes, penalties and interest that may be assessed as a result of the payment of
this amount to him by Defendant

3216492_ l.DOC

-------- -

----

-

·- -··---CCA.SA _Qj)..4.6._ __

..
2.
Confidentiality. Plaintiff agrees to keep completely confidential the
amount and terms of this Agreement and the circumstances giving rise to this Agreement, and
will not disclose, directly or indirectly, any such information to any person or entity with the
exception that he may disclose information regarding this Agreement to his attorneys and to a
professional tax advisor or tax return preparer for the limited purpose of obtaining advice
regarding or preparing such tax return or returns as may be necessary. In the event that Plaintiff
makes such limited disclosure to such persons as are authorized by this Agreement, he shall
affirmatively instruct such persons to abide strictly by the conditions ·of confidentiality imposed
hereunder. In the event that Plaintiff is asked about his claims against Defendant by some person
or entity other than those specified in this paragraph, Plaintiff is authorized to divulge only that
such claims have been resolved. Plaintiff further recognizes and acknowledges that strict
confidentiality is of the essence of this Agreement, and that Defendant would suffer immediate
and irreparable harm in the event of any breach of that confidentiality. In the event of a breach
of this confidentiality provision, this Settlement Agreement shall not be void; however,
Defendant may bring an action in a Court of appropriate jurisdiction to enforce the
confidentiality provisions and to recover appropriate damages, attorney fees and costs.

3.
General Release. Plaintiff, for and on behalf of himself, individually, and
his heirs, executors, trustees, administrators, representatives and assigns, hereby fully, finally,
completely, and forever RELEASES Defendant (including, without limitation, Hamilton Colllltr,
TeQnessee, Corrections Corporation of America, and CCA of Tennessee, Inc.) from any and all
claims and causes of action under any federal, state or local statute, ordinance, or under the
common law, which he has or might have against Defendant, including, without limitation, any
claim based on express or implied contract• any claims of promissory estoppel; any action arising
in tort, including, but in no way limited to, medical malpractice, libel, slander, defamation,
intentional infliction of emotional distress, outrageous conduct or negligence; any claim for
wrongful discharge, any constitutional claims, including any claim pursuant to 42 U.S.C. Section
1983, or any claim under all laws relating to the violation of public policy, retaliation or
compensation; any claims arising under disability discrimination, including the Americans with
Disabilities Act; any whistle-blower claims; or any claims under other applicable federal, state or
local law, regulation, ordinance or order, at conunon law or otherwis~ arising out of Plaintiff's
incarceration at the Silverdale Detention Center and treatment that he received while incarcerated
there, which Plaintiff now has, owns or holds, or claims to have, own or hold, or which he at any
time heretofore bad, owned or held, or claimed to have, own or hold against Defendant. Plaintiff
further releases Defendant from all claims which were alleged or which could have been alleged
by Plaintiff against Defendant for any and all injuries, harm, damages, lost wages, medical
expenses, penalties, costs, losses, expenses, attorney fees, and/or liability or other detriment, if
any, whatsoever and whenever incurred, suffered or claimed by Plaintiff as a result of any and all
alleged acts, omissions, or events arising from or in any way connected with any
communications. negotiations, dealings, treatment and compensation between Plaintiff and
Defendant that have or may have occurred from the beginning of time to the effective date of this
Agreement.

4.
Final Order. The parties agree that, commensurate with the execution of
this Agreement, Plaintiff, through his attorneys of record in the Civil Action, shall cause to be
entered an Order in the Circuit Court of Hamilton County, Tennessee, reciting the fact that all
2075891

Page2 ofS

___<:;:CA 8_::\ 0047 __

claims asserted by him in the Civil Action have been resolved, dismissing such claims on the
merits and with prejudice.

5.
Disclaimer of Liability. Plaintiff acknowledges that Defendant's
payment of the sum described in paragraph 1 does not constitute and shall not be construed as an
admission of any acts of discrimination, retaliation, misconduct, or negligence whatsoever
against Plaintiff or any other person, and Defendant specifically disclaims any liability to,
discrimination, retaliation, misconduct, or negligence against Plaintiff or any other person, on the
part of themselves,, their employees, or their agents, and the above-described payment is made in
order to compromise and settle an unliquidated obligation which has been disputed by
Defendant. Defendant expressly denies the claims made or which could have been-made by
Plaintiff.

6.
Tax Consequences of Settlement Payment. The settlement amount
referenced in paragraph 1 represents attorney fees and compensatory damages for personal
injwy. This payment does not represent lost wages. Consequently, Defendant is under no
obligation to withhold taxes on this payment. In the event any taxes, penalties or liabilities of
any kind are owed, assessed or incurred by Defendant on this payment, Plaintiff hereby agrees
that such taxes, penalties, or liabilities will be his sole responsibility and he will fully and
completely indemnify and hold harmless Defendant for such taxes, penalties or liabilities, and
that Defendant will not be liable for the payment of any taxes, penalties, or liabilities on his
behalf. Defendant will issue appropriate 1099 fonns to Plaintiff and his attorney. Nothing
herein shall be construed or relied upon as advice or opinion by or on behalf of Defendant
regarding the tax treatment of the settlement payment, and Plaintiff hereby expressly
acknowledges that he will rely solely on his own accountant, attorney or advisor for such advice
or opinion.
7.
Complete Defense and Indemnification. Plaintiff acknowledges and
agrees that this Agreement may be used by Defendant as a complete defense to any past, present,
or future claim or entitlement which Plaintiff bas against Defendant for or on account of any
matter or thing whatsoever arising out of his relationship ·with Defendant and which has been set
forth herein. Plaintiff also understands and agrees to indemnify Defendant for any costs,
damages, and attorney fees which it may incur in defending or prosecuting claims arising out of
or caused by Plaintiffs breach of this Agreement. Defendant understands and agrees to
indemnify Plaintiff for any costs, damages, and/or attorney fees which he may incur in defending
or prosecuting any claims arising out of or caused by Defendant's breach of this Agreement

8.
Full Knowledge and Volition. Plaintiff represents and acknowledges
that, in executing this Agreement, he does not rely and has not relied upon any other
representation or statement made by Defendant or by any of Defendant's agents, representatives,
or attorneys with regard to the subject matter, basis, or fact of this Agreement (other than the
payment of the settlement amounts stated in paragraph 1 herein). Plaintiff further represents and
acknowledges that he has thoroughly discussed all aspects of this Agreement with his attorneys,
that he has carefully read and understands all of the provisions of this Agreement, and that he is
voluntarily entering into this Agreement. Plaintiff acknowledges and confirms that the only
consideration for his signing this Agreement are the terms and conditions stated in this
207S891

Page 3 of5

--- - - - -· ·- --··---- - -·- -··-- - ...... - - . . . --

--·--..- -

--- ~-··- -·-

- CCASA 004S··· --

Agreement, that no other promise or agreement of any kind, except those set forth in this
Agreement, has been made to him by any person to cause him to sign this document.
9.
No Assignment. Plaintiff represents and warrants that he is the sole
owner of and has not sold, pledged, assigned, granted or otherwise transferred part or all of any
claims that have or could have been pursued by Plaintiff against Defendant.

10.
Governing Law. lbis Agreement is made and delivered in the State of
Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said
state.
11.
Severability of Provisions. The parties agree that, should any part, term
or provision of this Agreement be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to
be a part of this Agreement.
12.
Complete Agreement. This Agreement contains the. entire agreement
between Plaintiff and Defendant, and there is no agreement on the part of either party to do any
act or thing other than as expressly stated in this Agreement. This Agreement supersedes any
other agreement, either oral or in writing, between the parties. There will also be no
modifications or amendments to this Agreement unless they are in writing, signed by all parties.
WHEREFORE, the undersigned have caused this Confidential Settlement
Agreement and Release to be executed on the dates indicated below.

Sworn to and subscribed before

me this ~Y of ,;::;

/!-<

.-!._

p

6 .' ~2006.

c:4.

Notary Public

My Commission Expires:

<* 0
t:,//~lot?

2075891

Page 4 ofS
--· ---- - - - - - - ----- - ·--- -·---·-- - · - --- -···--- ·- - - -... --· ·--CCA SA 0049- -

CCA of Tennessee, Inc., Corrections
Corporation of America, and Hamilton County,

Tennessee
By:

Title:
Date:

Sworn tt;i subscrilld ?efEe

me this

day of~ 20c5.

3216492_1.DOC

_ - · - · ___ -·# _ - - - -··--· - - - - - - - ·- ·-----

-·-·-··----CCA SA 0050 -~

..
·•

CONFIDENTIAL SETTLEMENT AGREEMENT AND

RELEASE OF ALL CL~S

_

The following is a Confidential Settlement Agreement and Release of All Claims
(hereinafter "Agreemenf') by and between Robert Anthony Jackson (hereinafter "Plaintiff") and
--CCA..of =.f.ennesse~-me. -anti-eorreetions-Corporatimror-Amer:tca(heremaftOi: refetrea to With
their current or fonner officers, directors, agents, employees, stockholders, divisions, attorneys,
successors. affiliates, subsidiaries, surviving company or companies by reason of any merger or
acquisition, heirs, executors, administrators, spouses, and assigns as "Defendanf') regarding any
and all past and present claims and their future effects that have arisen or could arise out of
Plaintiffs incarceration at the Silverdale Detention Center and the treatment that he received
from Defendant during that period of incarceration.
WITNESSETH:

WHEREAS, Plaintiff filed a civil action against Defendantt which civil action is
currently pending in tb.e Circuit Collrt of Hamilton County, Tennessee, bearing docket number
04C-1221. and styled Robert Anthony Jackson v. CCA of Tennessee, Inc.. (the "Civil Action,.);
and

WHEREAS, Plaintiff and Defendunt now desire to resolve by coDJ:Promise and
settlement all claims sought to be enforced by Plaintiff against Defendant in the Civil Action, all
claims which were or might have been made against Defendant in the Civil Action, as well as all
claims in any manner arising from or connected with Plaintiffs incarceration at the Silverdale
Detention Center and the treatment that he received from Defendant during that period of
incarceration.
NOW, THEREFORE, in consideration of the mutual promises contamed in this
Agreement. th.e sufficiency of which is h~by acknowledged, Plaintiff and Defendant do hereby
agree as follows:
1.
Settlement Amount. In consideration for this Agreement, Defendant
agrees to pay the total amount of Eight Thousand and No/100 ($8,000.00) Dollars by check
made payable to Robert Anthony Jackson and Jolm T. Rice, P.C., which amount represents
compensatory damages for personal injury claimed by Plaintiff as well as attorney fees. It is
agreed that this check encompasses the total monetary consideration to be paid by Defendant to
Plaintiff for 1his settlement, and is paid in full, final and complete settlement of all claims that
were or could have been asserted by Plaintiff in the aforementioned Civil Action or in any other
litigation. The parties agree that this amount does not .represent lost wages, and that no payroll
taxes will be withheld from this payment. Plaintiff agrees to accept all responsibility for paying
the appropriate taxes, penalties and interest that may be· assessed as a result of the payment of
this amount to him by Defendant.
·
2.
Confidentiality. Plaintiff agrees to keep completely confidential the
amount and terms of this Agreemen,t and .the circumstances giving rise to this Agreement, and
will not disclose, directly or indirectly, any such infonnation to any person or entity with the

2075&91

CCA SA 0051

. '

exception that he may disclose infonnation regarding this Agreement to his attorneys and to a
professional tax advisor or tax return preparer for the limited purpose of. obtaining advice
regarding or preparing such tax return or retums as may be necessary. In the event that Plaintiff
makes such limited disclosure to such persons as are authorized by this Agreement, he shall
affirmatively instruct such persons to abide strictly by the conditions of confidentiality imposed
here'WlElet.- In-the-event-tbatPlainti-ffis-asked about his-claims agsimt I)efendlmt byso.trteperson
or entity other than those specified in this paragraph, Plaintiff is authorized to divulge only that
such claims have been resolved. Plaintiff further recognizes and acknowledges that strict
confidentiality is of the essence of this Agreement, and that Defendant would suffer immediate
and irreparable harm in the event of any breach of that confidentiality. Jn the event of a breach
of this confidentiality provision, this Settlement Agreement shall not be void; however,
Defendant may bring an action in a Court of appropriate jmisdiction to enforce the
confidentiality provisions and to recover appropriate damages, attorney fees and costs.
3.
General Release. Plaintm: for and on behalf of himself, individually, and
his heirs, executors, trustees, administrators, representatives and assigns, hereby fully, finally,
completely, and forever RELEASES Defendant (including, without limitation, Corrections
Corporation of America, CCA of Tennessee, Inc. and the agents, directors, officers, employees
and representatives of these entities) and further RELEASES Hamilton County, Temessee and
its agents, administrators, employees and representatives., from any and all claims and catW'...S of
action under any federal, state or local statute, ordinance, or under the common law, which he
has or might have against Defendant, including, without limitation, any claim based on express
or implied contract; any claims of promissory estoppel; any action arising in tort, including, but
in no way limited to, medical malpractice, libel, slander, defamation, intentional infliction of
emotional distress, outrageous conduct or negligence; any claim for wrongful discharge, any
constitutional claims, including any claim pursuant to 42 U.S.C. Section 1983, or any claim
under all laws relating to the violation of public policy, retaliation or compensation; any claims
arising under disability discrimination, including the Americans with Disabilities Act; any
whistle-blower claims; or any claims under other applicable federal, state or local law,
regulation, ordinance or order, at common law or otherwise arising out of Plaintiff's
incarceration at the Silverdale Detention Center and treatment that he received while incarcerated
there, which Plaintiff now has, owns or holds, or claims to have, own or hold, or which he at any
time heretofore had. owned or held. or claimed to have, own or hold against Defendant Plaintiff
further releases Defendant from· all claims which were alleged or which could have been alleged
by Plaintiff against Defendant for any and all injuries, harm, dama.gt'8, lost wages, medical
expenses, penalties, costs. losses, expenses, attorney fees, and/or liability or other detriment, if
any, whatsoever and whenever incurred, suffered or claimed by Plaintiffas a result of any and all
alleged acts, omissions, or events arising from. or iu any way connected with any
communications, negotiations, dealings, treatment and compensation between Plaintiff and
Defendant that have or may huve occurred from the beginning of time to the effective date of this

Agreement
4.
Final Order. The parties agree that, commensurate with the execution of
this Agreement, Plaintiff, through his attorneys of record in the Civil Action, shall cause to be
entered an Order in the Circuit Court of Hamilton County, Tennessee, reciting the fact that an

2015891

Page2 of5

CCA SA 0052

.
.

.

I

claims asserted by him in the Civil Action have been resolved, dismissing such clalms on the
merits and with prejudice.
5.
Disclaimer of Liability. Plaintiff acknowledges that Defendant's
payment of the sum described in paragraph 1 does not constitute and shall not be construed as an
admission-··of-any acts -of ·discrimiuation;--retalil1tion;-til.i.scon.ctuct,- ot'negfi.gence·-wha.ti!oe\rera.gainst Plaintiff or any other person, and Defendant specifically disclaims any liability to,
discrimination, retaliation, misconduct, or negligence against Plaintiff or any other person, on the
part of themselves, their employees, or their agents, and the abovc-descnbed payment is made in
order to compromise and settle an ~quidated obligation which has b~ disputed by
Defendant. Defendant expressly denies the claims made or which could have been made by
Plaintiff.

6.
Tax Consequences of Settlement Payment The settlement amount
referenced in paragraph 1 represents attorney fees and compensatory damages for personal
injury. This payment does not represent lost wages. Consequently, Defendant is under no
obligation to withhold taxes on this payment. In the event any taxes, penalties or liabilities of
any kind are owed, assessed or incurred by Defendant on this payment, Plaintiff hereby agrees
that such taxes, penalties, or liabilities will be his sole responsibility and he will :fully and
completely indemnify and hold barmless Defendant for su.ch taxes, penalties or liabilities, and
that Defendant will not be liable for the payment of any taxes, penalties, or liabilities on his
behalf. Defendant will issue appropriate 1099 fonns to Plaintiff and his atto1;11.ey. Nothing
herein shall be construed or relied upon as advice or opinion by or on behalf of Defendant
regarding tll.e tax treatment of the settlement payment. and Plaintiff hereby expressly
acknowledges that he will rely solely on his own accountant, attorney or advisor for such advice
or opinion.
7.
Complete Defense and Indemnification. Plaintiff acknowledges and
agrees that this Agreement may be used by Defendant as a complete defense to any past, present,
or :future claim or entitlement which Plaintiff has against Defendant for or o.n account of any
matter or thing whatsoever arising out of his relationship with Defendant and which lias been set
forth horein. Plaintiff also understands and agrees to indemnify Defendant for any costs,
damages, and attorney fees which it may incur in defending ar prosecuting claims arising out of
or caused by Plaintiffs breach of this Agreement Defendant understands and agrees to
indemnify Plaintiff for any costs, damages, and/or attorney fees which he may incur in defending
or prosecuting any claims arising out of or caused by Defendant's breach of this ~eement.

8.
Fun Knowledge md Volition. Pl8intiff represents and acknowledges
that, in executing this Agieement, he does not rely and has not relied upon any other
representation or statement made by Defendant or by any of Defendant's agents, representatives,
or attorneys wi1h regard to the subject matter, basis, or fact of this Agreement (other than the
payment of the settlement amounts stated in paragraph 1 herein). Plaintiff further represents and
acknowledges that he has thorou~y discussed all !lh-pectl'l of this Agreement with his attorneys,
that be has carefully read and understands all of the provisions ofibis Agreement, and that he is
volttntarily entering into this Agreement Plaintiff acknowledges and confin:ns that the only
consideration for his signing this Agreement are the tenns and conditions stated in this
207.SS!ll

Page3 of5

CCA SA 0053

...
•

l

Agreement, that no other promise or agreement of any kind, except those set forth in this
Agreement, has been made to him by any person to cause him to sign this dooumcn.t.
9.
No Assignment. Plaintiff represents and warrants that he is the sole
owner of and bas not sold, pledged, assigned, granted or otherwise transferred part or all of any
-e!eims-that-have-or-eouid·bave·been pursued.-byPlaintiffagaimlr-J:>efendwt~ - - - ·- -- ·

10.
Governing Law. This Agreement is made and delivered in the State of
Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said

state.
11.
SeventbDlty of Provisions. The parties agree that, should any part, term
or provision of this Agreement be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall
not be affected thereby, and said illegal or invalid part, tenn, or provision shall be deemed not to
be a part of this Agreement.
12.
Complete Agreement. This Agreement contains the entire agreement
between Plaintiff and Defendant, and there is no agreement on the part of either party to do any
act or thing other than as expressly stated in this Agreement This Agreement supersedes any
other agreement, either oral or in writing. between the parties. There will also be no
modifications or amendments to this Agreement unless they are in writing, signed by all parties.
WHEREFORE, the undersigned have caused this Confidential Settlement

Agr=<mt and ReleaBe to be executed on the~. ow.
By.

_

Date:

~a-~~
nyJac~

b

~ / ,2./ fo.O:

Sworn to ~subscribed before
me~ day of'O'\erch , 2005.

T

t

2075891

Page4 ofS

CCA SA 0054

.

...
CCA of Tennessee, Inc. and Corrections
Corporation of America

By.~~~
· -~-·- ~

Trtle:

Date:

Lf- z.2 -os-

Sworn to and subscnfrd be~re

me~Jdayof~2005.

:\3~1~~.~
Notary Public

My Commission Expires:

11-- U. -d 5"

t
.2075891

CCA SA 0055

IN THE CffiCUIT COURT FOR DAVIDSON COUNTY~ TENNESSEE
AT NASHVILLE

)

SAMUEL L. KEY,

)
)

Plaintiff,

)
)

vs.

No.: 02C551

)
)

CORRECTIONS CORPORATION OF
AMERICA,

)
)

)

Defendant.

COMPROMISE SETTLEMENT AGREEMENT AND RELEASE

THIS AGREEMENT is made by and among Samuel L. Key (hereinafter referred to as
"Plaintiff') and his attorney, Mary Leech, and Corrections Corporation of America (hereinafter
referred to as "Defendant").
WHEREAS, the Plaintiff filed an action in the Circuit Court ofDavidson County,
Tennessee at Nashville, against the Defendant, designated as Civil Action No.: 02C551 and
Defendant has denied all liability therein in the case; and
WHEREAS, the partie.s hereto have entered into an agreement for the settlement of the
above action in an effort to avoid costly, unnecessary litigation and to fully and forever resolve
all outstanding issues of law and fact in regard to all claims made and that might have been made

in the above-captioned suit.
NOW THEREFORE, it is hereby agreed by and among the parties as follows:
1. Corrections Corporation of America ("CCA") agrees to pay to the Plaintiff, Samuel L.
Key, and his attorney, Mary Leech, the sum ofTWELVE THOUSAND ($12,000.00)
DOLLARS and to the Circuit Court Clerk of Davidson County the amount of SIX HUNDRED
1

CCA SA 0056

TiflRTY DOLLARS AND FIITY ($630.50) CENTS as costs of this cause, in full and final
settlement of the above cause of action, including the lien for attorney fees of Mary Leech.
2. In consideration of the above and foregoing payments and mutual promises, the
Plaintiff, Samuel L. Key, and his attorney Mary Leech, do hereby release, acquit and forever
discharge Defendant, CCA, and all past, present and future officers, directors, stockholders,
agents, representatives, employees, insurers, attorneys, assigns and successors in interest of and
from any and all claims, demands, causes of actions and suits at law or in equity of any kind or
type or nature whatsoever, whether such injw-y or damage is now known or unknown, past,
present or future, arising out of or based upon any personal injuries or damages of any kind
actually or allegedly suffered by Plaintiff as a result, directly or indirectly, in whole or in part,
which Plaintiff ever had or which he may now have or may at any time hereafter assert against
the Defendant (I) concerning any acts or omissions of Defendant, or (2) arising out of the
incident(s) having been made the basis of litigation filed under Civil Action No.: 02-C-55 1, in
the Circuit Court of Davidson County, Tennessee at Nashville, under the style of Samuel L. Key
v. Corrections Corooration of America, et al., including all claims asserted by Plaintiff in the
referenced litigation and as are more fully described in the pleadings filed in that cause. Plaintiff
does furtl1er release, acquit and forever discharge Defendant from any and all claims, demands,
actions, causes of action and suits of law or in equity and all claims of any nature whatsoever
arising out of or resulting from the aforesaid litigation or from any conditions that arose in his
confinement with Corrections Corporation of America at any time whether in contract or in tort
for any and all injuries, damages, claims, losses or demands of whatsoever kind, type and character
which may have been sustained, experienced or inctUTed by whether known or unknown at this
time, and whether in existence or not in existence at this time, or which may develop, appear or

2

CCA SA 0057

become worse, aggravated or disabling or result in death or other consequences in the futme or arise
or appear in the future.
3. It is understood and agreed that this Settlement Agreement and Release shall be
binding upon and inure to the benefit ofthe parties and their respective heirs, representatives,
successors and assigns.
4. It is understood and agreed that the payment of the herein above described
consideration by the Defendant, is not to be construed as an admission of liability on the part of
the Defendant. Any payment made hereunder is in settlement of the Plaintiff's claims which are
not admitted. This Release is being given by the Plaintiff voluntarily, and is not based upon any
representations of any kind made by Defendant, CCA, or their representatives, agents or
employees as to the merits, legal liability or value of Plaintiff's claims, or any other matter
relating to those claims. In making this settlement, Plaintiff relies completely upon his own
judgment, belief and knowledge of his rights, together with the advice of counsel, Mary Leech.
5. It is understood and agreed that the Plaintiff will not disclose the terms of this Release,
whether or not any money was paid or received hereunder, and the amount of such money; nor
shall the Plaintiff make any further statement or comment whatsoever, oral or written, with
regard to the terms, amount of settlement, or matters settled pursuant to this Release, other than
that they have been resolved to the mutual satisfaction of all parties involved and to file the
required Order dismissing said case. An exception to this confidentiality clause applies in the
event Plaintiff must pursue through the Court a determination of a subrogation amount. Should
the Plaintiff disclose or attempt to disclose any matter which the parties have hereinabove agreed
to keep confidential, other than the aforementioned exception, then the Defendant shall have the
right to seek injunctive relief, in addition to monetary damages.

3

CCA SA 0058

6. The Plaintiff warrants that he has read this document carefully and signs the same as
his own free act. Plaintiff represents and warrants that he is over 21 years of age and legally
competent to execute this Release, and that before executing this Release, he fully understands
the same and executes it with the full knowledge of its contents and meaning.
7. The w1dersigned further understands, declares and agrees that no other promise,
inducement or agreement not herein expressed has been made to him and that this Final Release and
Settlement Agreement contains the entire agreement between the parties hereto and that the terms of
this Final Release and Settlement Agreement are contractual and not merely recital; and this Final
Release and Settlement Agreement shall be construed and interpreted in accordance with the laws of
the State of Tennessee.
8. That the undersigned, Samuel L. Key, and counsel, Mary Leech, warrant that they have
or will satisfy any and all claims of third parties, including but not limited to, for subrogation or
unpaid medical bills or othernrise by settlement, payment or other foJ.!!I.S of satisfaction and that the
undersigned will indemnify and save harmless said Corrections Corporation of America and their
heirs, personal representatives, agents, servants, administrators, successors and assigns of and from
any and every claim or demand of every kind or character, which may be asserted by reason of said
injuries or the effects or consequences thereof whether by tort of contract or by third parties
claiming by or through him.
9. It is further understood and agreed that, pursuant to the provisions of the Tennessee
Rules of Civil Evidence this Settlement Agreement and Release shall not be admitted into
evidence against the Plaintiff or Defendant. Plaintiff or Defendant may use this Settlement
Agreement and Release in evidence in defense of any suit or claim brought or asserted against
Plaintiff or Defendant to show accord and satisfaction of the dispute.

4

CCASA 0059

IN WITNESS WHEREOFJ the parties have hereunto set their hands on the day and date
indicated below.

<.

BY:

------

"-.)
__________________
~~~--

DATE: _____ -,-_ _ __

SAMUEL L. KEY - PLAINTIFF
2717 Reynolds Drive
Murfreesboro, Tennessee 3 7219

BY:_____________________________

DATE: ________________

MARY LEECH, Attorney for Plaintiff
P.O. Box 291564
Nashville, Tennessee 37229

PENTECOST, GLENN & RUDD, P.L.L.C.

BY: __________________________

DATE: ________________

K. MICHELLE BOOTH
Attorney for Defendant,
CCA
106 Stonebridge Blvd.
Jackson, Tennessee 38305
(731) 668 -5995

5

CCA SA 0060

CONFIDEN~SETTLEMENTAGREEMENTAND

RELEASE OF ALL CLAIMS
The following is a Confidential Settlement Agreement and Release of All Claims
(hereinafter "Agreement'') by and between Paul Dewayne Lavender (hereinafter "Plaintiff") and
CCA of Tennessee, Inc. and Corrections Corporation of America (hereinafter referred to with
their current or former officers, directors, ag~nts, employees, stockholders, divisions, attorneys,
successors, affiliates, subsidiaries, surviving company or companies by reason of any merger or
acquisition, heirs, executors, administrators, spouses, and assigns as "Defendant'') regarding any
and all past and present claims and their future effects that have arisen or could arise out of
Plaintiffs incarceration at the Silverdale Detention Center and the treatment that he received
from Defendant during that period of incarceration.
WITNESSETH:
WHEREAS, Plaintiff filed a civil action against Defendant, which civil action is
currently pending in the United States District Court for the Eastern District of Tennessee,
bearing docket number 1:05-CV-1, and styled Paul Dewayne Lavender v. Corrections
Corporation of America /d/b/a CCH Silverdale Detention Facilities. and unknown agents or
employees.at Silverdale Detention Facilities (the "Civil Action"); and
WHEREAS, Plaintiff and Defendant now desire to resolve by compromise and
settlement all claims sought to be enforced by Plaintiff against Defendant in the Civil Action, all
claims which were or might have been made against Defendant in the Civil Action. as well as all
claims in any manner arising from or connected with Plaintiff's incarceration at the Silverdale
Detention Center and the treatment that he received from Defendant during that period of
incarceration.
NOW, THEREFORE; in consideration of the mutual promises contained in this
Agreement, the sufficiency of which is hereby acknowledged, Plaintiff and Defendant do hereby
ragree as follows:

===
CO') =

<I)-

o-

"'=
,
_
.,.. _

N-

-

jjjijjjjO;iiii

1.
Settlement Amount. In consideration for this Agreement, Defendant agrees to
pay the total amount of Four Thousand Five J:!undred and No/100 Dollars ($4,500.00) by check
made payable to Paul Dewayne Lavender and A. Christian Lanier, m, which amotmt represents
compensatory damages for personal injury claimed by Plaintiff as well as attorney fees. It is
agreed that this check encompasses the total monetary consideration to be paid by Defendant to
Plaintiff for this settlement, and is paid in full, final and complete settlement of all claims that
were or could have been asserted by ~laintiff in the aforementioned Civil Action or in any other
litigation. The parties agree that this amount does not represent lost wages, and that no payroll
taxes will be withheld from this payment Plaintiff agrees to accept all responsibility for paying
the appropriate taxes, penalties and interest that may be assessed as a result of the payment of
this amm.mt to him by Defendant.
2.
Confidentiality. Plaintiff agrees to keep completely confidential the amount and
terms of this Agreement and the circumstances giving rise to this Agreement, and will not
disclose, directly or indirectly, any such information to any person or entity with the exception

2075891

CCA SA 0061

that he may disclose information regarding this Agreement to his attorneys and to a professional
tax advisor or tax return preparer for the limited pUipose of obtaining advice regarding or

preparing such tax return or returns as may be necessary. In the event that Plaintiff makes such
limited disclosure to such persons as are authorized by this Agreement, he shall affirmatively
instruct such persons to abide strictly by the conditions of confidentiality imposed hereunder. In
the event that Plaintiff is asked about his claims against Defendant by some person or entity
other than those specified in this paragraph, Plaintiff is authorized to divulge only that such
claims have been resolved.
Plaintiff further recognizes and acknowledges that strict
confidentiality is of the essence of this Agreement, and that Defendant would suffer immediate
and ineparable hann in the event of any breach of that confidentiality. In the event of a breach
of this confidentiality provision, this Settlement Agreement shall not be void; however,
Defendant may bring an action in a Court of appropriate jurisdiction to enforce the
confidentiality provisions and to recover appropriate damages, attorney fees and costs.
3.
General Release. Plaintiff, for and on behalf of himself, individually, and his
heirs, executors. trustees, administrators, representatives and assigns, hereby fully, finally,
. completely, and forever RELEASES Defendant (including, without limitation, Corrections
Corporation of America, CCA of Tennessee, Inc.) from any and all claims and causes of action
under any federal, state or local statute, ordinance, or under the common law, which he has or
might have against Defendant, including, without limitation, any claim based on express or
implied contract; any claims of promissory estoppel; any action arising in tort, including, but in
no way limited to, medical malpractice, libel, slander, defamation, intentional infliction of
emotional distress, outrageous conduct or negligence; any claim for wrongful discharge, any
constitutional claims, including any claim pursuant to 42 U.S.C. Section 1983, or any claim
under all laws relating to the violation of public policy, retaliation or compensation; any claims
arising under disability discrimination, including the Americans with Disabilities Act; any
whistle-blower claims; or any claims l.Ulder other applicable federal, state or local law,
regulation, ordinance or order, at common law or otherwise arising out of Plaintiff's
incarceration at the Silverdale Detention Center and treatment that he received while incarcerated
there, which Plaintiff now has, owns or holds, or claims to have, own or hold, or which he at any
time heretofore had, owned or held, ()I claimed to have, own or hold against Defendant. Plaintiff
further releases Defendant from all claims which were alleged or which could have been alleged
by Plaintiff against Defendant for any and all injuries, hann, damages, lost wages, medical
expenses, penalties, costs, losses, expenses, attorney fees, and/or liability or other detriment, if
any, whatsoever and whenever incurred, suffered or claimed by Plaintiff as a result of any and all
alleged acts. omissions, or events arising from or in any way connected with any
communications, negotiations, dealings, treatment and compensation between Plaintiff and
Defendant that have or may have occurred from the beginning of time to the effective date of this
Agreement.
4.
Final Order. The parties agree that, commensurate with the execution of this
Agreement, Plaintiff, through his attorneys of record in the Civil Action, shall cause to be
entered an Order in the United States District Court for the Eastern District of Tennessee,
reciting the fact that all claims assorted by him in the Civil Action have been resolved,
dismissing such claims on the merits and with prejudice.

2075891

Page2of4
CCA SA 0062

5.
Disclaimer ofLiabiUty. Plaintiff acknowledges that Defendant's payment of the
sum described in Parag~aph 1 does not constitute and shall not be construed as an admission of
any acts of discrimination, retaliation, misconduct, or negligence whatsoever against Plaintiff or
any other person, and Defendant specifically disclaims any liability to, discrimination.
retaliation, misconduct, or negligence against Plaintiff or any other person, on the part of
themselves, their employees, or their agents, and the above-described payment is made in order
to compromise and settle an unliquidated obligation which has been disputed by Defendant.
Defendant expressly denies the claims made or which could have been made by Plaintiff.

6.
Tax Consequences of Settlement Payment. The settlement amount referenced
in Paragraph 1 represents attorney fees and compensatory damages for personal injury. This
payment does not represent lost wages. Consequently, Defendant is under no obligation to
withhold taxes on this payment. In the event any taxes, penalties or liabilities of any kind are
owed, assessed or incurred by Defendant on this payment, Plaintiff hereby agrees that such taxes,
penalties, or liabilities will be his sole responsibility and he will fully and completely indemnify
and hold harmless Defendant for such taxes, penalties or liabilities, and that Defendant will not
be liable for the payment of any taxes, penalti.es, or liabilities on his behalf. Defendant will issue
appropriate 1099 forms to Plaintiff and his attorney. Nothing herein shall be construed or relied
upon as advice or opinion by or on behalf of Defendant regarding the tax treatment of the
settlement payment, and Plaintiff hereby expressly acknowledges that he will rely solely on his
own accountant, attorney or advisor for such advice or opinion.
7.
Complete Defense and Indemnification. Plaintiff acknowledges and agrees that
this Agreement may be used by Defendant as a complete defense to any past, present, or future
claim or entitlement which Plaintiff has against Defendant for or on account of any matter or
thing whatsoever arising out of his relationship with Defendant and which has been set forth
herein. Plaintiff also understands and agrees to indemnify Defendant for any costs, damages,
and attorney fees which it may incur in defending or prosecuting claims arising out of or caused
by Plainti.ff's breach of this Agreement. Defendant understands and agrees to indemnify Plaintiff
for any costs, damages, and/or attorney fees which he may incur in defending or prosecuting any
claims arising out of or caused by Defendant's breach of this Agreement.

8.
Full Knowledge and Volition. Plaintiff represents and acknowledges that, in
executing this Agreement, he does not rely and has not relied upon any other representation or
statement made by Defendant or by any of Defendant's agents, representatives, or attorneys with
regard to the subject matter, basis, or fact of this Agreement (other than the payment of the
settlement amounts stated in Paragraph 1 herein). Plaintiff further represents and acknowledges
that he has thoroughly discussed all aspects of this Agreement with his attorneys, that he has
carefully read and understands all of the provisions of this Agreement, and that he is voluntarily
entering into this Agreement Plaintiff acknowledges and confirms that the only consideration
for his signing this Agreement are the terms and conditions stated in this Agreement, that no
other promise or agreement of any kind, except those set forth in this Agreement, has been made
to him by any person to cause him to sign this document.
9.
No Assignment. Plaintiff represents and warrants that he is the sole owner of and
has not so ld, pledged, assigned, granted or otherwise transferred part or all of any claims that
have or could have been pursued by Plaintiff against Defendant.
2075891

Page 3 of4

CCA SA 0063

10.
Governing Law. This Agreement is made and delivered in the State of
Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said

state.
11.
Severability of Provisions. The parties agree that, should any part, tenn or
provision of this Agreement be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining pru.ts, tenns, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to
be a part of this Agreement

12.
Complete Agreement. This Agreement contains the entire agreement between
Plaintiff and Defendant, and there is no agreement on the part of either party to do any act or
thing other than as expressly stated in this Agreement This Agreement supersedes any other
agreement, either oral or in writing, between the parties. There will also be no modifications or
amendments to this Agreement unless they are in writing, signed by all parties.

I
Sworn to and subscribed before
me this _Je_ day of ?YG\- . , 2005.

Notary Public

My Commission Expires: I,\ -d.,s-O(p

_Sworn to and subscribed before
me this* day of'1(W
, 2005.

,rg1Jt.u·,...e fNM:e ,rlNotary Public
My Commission Expires:

l\\T.t.al41S'

2075891

Page4of4

CCA SA 0064

CONnDEN~SETTLEMENTAGREEMENTAND

RELEASE OF ALL CLAIMS
The following is a Confidential Settlement Agreement and Release of All Claims
(hereinafter "Agreement') by and between Gertie Miller, individually and as the natural parent
and next of kin of Freddie Lindsey Lightner, Jr., Deceased (hereinafter "Plaintiff") and CCA of
Tennessee, Inc. and Corrections Corporation of America (hereinafter referred to with their
current or former officers, directors, agents, employees, stockholders, divisions, attorneys,
successors, affiliates, subsidiaries, surviving company or companies by reason of any merger or
acquisition, heirs, executors, a,d.n:linistrators, spouses, and assigns as "Defendant'') regarding any
and
past and present claims and their future effects that have arisen or could arise out of
Plaintiffs incarceration at the Silverdale Detention Center and the treatment that he received
from Defendant during that period of incarceration.

all

WITNESSETH:
WHEREAS, Plaintiff filed a civil action against Defendant, which civil action is
currently pending in the United States District Court for the Eastern District of Tennessee at
Chattanooga, bearing civil action number 1:03-CV-57, and styled Gertie Miller. individually and
as the natural parent and next of kin of Freddie Lindsey Lightner. Jr., Deceased v. Corrections
Corporation of American. dlb/a Silverdale Detention Facility: Alan Bargery. in his individual
and official capacity as the Warden of Silverdale Detention Center; John/Jane Does 1-10, in their
individual wmacities and· capacities as employees of Corrections Corporation of~eric a (the
"Civil Action"); and
WHEREAS, Plaintiff and Defendant now desire to resolve by compromise and
settlement all claims sought to be enforced by Plaintiff against Defendant in the Civil Action, all
claims which were or might have been made against Defendant in the Civil Action, as well as all
claims in any manner arising from or connected with Plaintiff's incarceration at the Silverdale
Detention Center and the treatment that he received from Defendant during that period of

L,carceration.
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the sufficiency of which is hereby acknowledged, Plaintiff and Defendant do hereby
agree as follows:
1.
Settlement Amount. In consideration for this Agreement. Defendant
agrees to pay the total amount of Twenty Five Thousand and No/100 ($25,000.00) Dollars by
check made payable to Gertie Miller and The Cochran Firm, which amount represents
compensatory damages for personal injury claimed by Plaintiff as well as attorney fees. It is
agreed that this check encompasses the total monetary consideration to be paid by Defendant to
Plaintift for this settlement, and is paid in full, fmal and complete settlement of all claims that
were or could have been asserted by Plaintiff in the aforementioned Civil Action or in any other
litigation. The parties agree that this amount does not represent lost wages, and that no payroll
taxes will be withheld from this payment. Plaintiff agrees to accept all responsibility for paying
kwlktas•

Iff

1s2 303 &40

II Ill IIIII I11111111 rIll Ill
CCA SA 0065

'·

the appropriate taxes, penalties and interest that may be assessed as a result of the payment of
this amount to her by Defendant.

2.
Confidentiality. Plaintiff agrees to keep completely confidential the
amount and terms of this Agreement and the circumstances giving rise to this Agreement, and
will not disclose, directly or indirectly, any such information to any person or entity with the
exception that she may disclose information regarding this Agreement to her attorneys and to a
professional tax advisor or tax return preparer for the limited purpose of obtaining advice
regarding or preparing such tax return or returns as may be necessary. In the event that Plaintiff
makes such limited disclosure to such persons as are authorized by this Agreement; she shall
affirmatively instruct such persons to abide strictly by the conditions of confidentiality imposed
hereunder. In the event that Plaintiff is asked about her claims against Defendant by some
person or entity other than those specified in this paragraph, Plaintiff is authorized to divulge
only that sU'ch'claims have been resolved. Plaintiff further recognizes and acknQ.wledges that
strict confidentiality is of the essence of this Agreement, and that Defendant would suffer
immediate and irreparable harm in the event of any breach of that confidentiality. In th.e event of
a breach of this confidentiality provision, this Settlement Agreement shall not be void; however,
Defendant may bring an action in a Court of appropriate jurisdiction to enforce the
confidentiality provisions and to recover appropriate damages, attorney fees an~ costs.
General Release. Plaintiff, for and on behalf of herself, individually, and
3.
her heirs, executors, trustees, administrators, representatives and assigns, hereby fully, finally,
completely, and forever RELEASES Defendant (including, without limitation, Corrections
Corporation of America, CCA ofTennessee, Inc. and AlanBargery) from any and all claims and
causes of action under any federal, state or local statute, ordinance, or under the common law,
which she has or might have against Defendant, including, without limitation, any claim based
on express or implied contract; any claims of promissory estoppel; any action arising in tort,
including, but in no way limited to, medical malpractice, libel, slander, defamation, intentional
infliction of emotional distress, outrageous conduct or negligence; any claim for wrongful
discharge, any constitutional claims, jncluding any claim pursuant to 42 U.S. C. Section 1983, or
any claim under all laws relating to the violation of public policy, retaliation or compensation;
any claims arising under disability discrimination, including the Americans with Disabilities Act;
any whistle-blower claims; or any claims Wlder other applicable federal, state or local law,
regulation, ordinance or order, at common law or otherwise arising out of Freddie Lightner's
incarceration at the Silverdale Detention Center and treatment that he received while incarcerated
there, which Plaintiff now has, owns or holds, or claims to have, own or hold, or which she at
any time heretofore had. owned or held, or claimed to have, own or hold against Defendant.
Plaintiff further releases Defendant frQm all claims which were alleged or which could have been
alleged by Plaintiff against Defendant for any and all injuries, harm, damages, lost wages,
medical expenses, penalties, costs, losses, expenses, attorney fees, and/or liability or other
detriment, if any, w hatsoever and whenever incurred, suffered or clahned by Plaintiff as a result
of any and all alleged acts, omissions, or events arising from or in any way connected with any
communications, negotiations, dealings, treatment and compensation between Plaintiff and
Defendant that have or may have occurred from the beginning of time to the effective date of this
Agreement.

Page2of5

CCA SA 0066

·'

4.
Final Order. The parties agree that, commensurate with the execution of
this Agreement, Plaintiff, through her attorneys of record in the Civil Action, shall cause to be
entered an Order in the United States District Court for the Eastern District of Tennessee,
reciting the fact that all claims asserted by her in the Civil Action have been resolved, dismissing
such claims on the merits and with prejudice.
5.
Disclaimer of Liability.
Plaintiff acknowledges that Defendant's
payment of the sum described in paragraph 1 does not constitute and shall not be construed as an
admission of any acts of discrimination, retaliation, misconduct, or negligence whatsoever
against Plaintiff or any other person, and Defendant specifically disclaims any liability to,
discrimination, retaliation, misconduct, or negligence against Plaintiff or any other person, on the
part of themselves, their employees, or .their agents, and the above-described payment is made in
order to compromise and settle an unliquidated obligation which has been disputed by
Defendant · Defendant expressly ·denies ihe claims made or which could have been made by ·
Plaintiff.
6.
Tax Consequences of SettJement Payment. The settlement amount
referenced in paragraph 1 represents attorney fees and compensatory damages for personal
injury. This payment does not represent lost wages. Consequently, Defendant is under no
obligation to withhold taxes on this payment. In the event any taxes, penalties or liabilities of
any kind are owed, assessed or incurred by Defendant on this payment, Plaintiff hereby agrees
that such taxes. penalties, or liabilities will be her sole responsibility and she will fully and
completely indemnify and hold harmless Defendant for such taxes, penalties or liabilities, and
that Defendant will not be liable for the payment of any taxes, penalties, or liabilities on her
behalf. Defendant will issue appropriate 1099 forms to Plaintiff and her attorney. Nothing
herein ·shall be construed or relied upon as advice or opinion by or on behalf of Defendant
regarding the tax treatment of the settlement payment, and Plaintiff hereby expressly
acknowledges that she will rely solely on her own accountant, attorney or advisor for such advice
or opinion.
7.
Complete Defer111e anci Indemnificatiou. Plaintiff acknowledges and
agrees that this Agreement may be used by Defendant as a complete defense to any past, present,
or future claim or entitlement which Plaintiff has against Defendant for or on account of any
matter or thing whatsoever arising out of her relationship with Defendant and which has been set
forth herein. Plaintiff also understands and agrees to indemnify Defendant for any costs,
damages, and attorney fees which it may incur in defending or prosecuting claims arising out of
or caused by Plaintiffs breach of this Agreement. Defendant understands and agrees to
indemnify Plaintiff for any costs, damages, and/or attorney fees which she may incur in
defending or prosecuting any claims arising out of or caused by Defendant's breach of this
Agreement
8.
Fnll Knowledge and Volition. Plaintiff represents and acknowledges
that, in executing this Agreement, she does not rely and has not relied upon any other
representation or statement made by Defendant or by any of Defendant's agents, representatives,
or attorneys with regard to the subject matter, basis, or fact of this Agreement (other than the
payment of the settlement amounts stated in paragraph 1 herein). Plaintiff further represents and

Page 3of5

CCA SA 0067

acknowledges that she has thoroughly discussed all aspects of this Agreement with her attorneys,
that she has carefully read and understands all of the provisions of this Agreement, and that she
is voluntarily ·entering into this Agreement. Plaintiff acknowledges and confirms that the only
consideration for her signing this Agreement are .the ·terms and conditions stated in this
Agreement, that no other promise or agreement of any kind, except those set forth in this
Agreement, has been made to her by any person to cause her to sign this document.

9.
No Assignment. Plaintiff represents and warrants that she is the sole
owner of and has not sold, pledged, assigned, granted or otherwise transferred part or all of any
claims that have or could have been pursued by Plaintiff against Defendant.
10.
Governing Law. This Agreement is made and delivered in the State of
Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said

state.

11 .

Severability of Provisions. The parties agree that, should any part, term
or provision of this Agreement be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to
be a part of this Agreement.

12.
Complete Agreement. This Agreement contains the entire agreement
between Plaintiff and Defendant, and there is no agreement on the part of either party to do any
act or thing other than as expressly stated in this Agreement. This Agreement supersedes any
other agreement, either oral or in writing, between the parties. There will also be no
modifications or amendments to this Agreement unless they are in writing, signed by all parties.
WHEREFORE, the undersigned have caused this Confidential Settlement
Agreement and Release to be executed on the dates indicated below.

By:
·uer, individually and
e natural
parent and next ofkin of Freddie Lindsey
Lightner, Jr.
Date:

:L-.5-ocf

Sworn to and subscri
me thia..?. day~~~~

otary Public

My CommiSsion Expires:

6/Pjl:::tJ;
Page4 of5

CCA SA 0068

.

~

Sworn to and,subs~

me this~
r:lrday o

2004.

......

Notary Public
My Commission Expires: ..J I ,.. Z'u -.9

>

Page 5 ofS

CCA SA 0069

898-058..()()

IN THE CIRCUIT COURT OF HARDEMAN COUNTY, TENNESSEE
AT WHITEVll.LE

RANDALL A. MYERS,
Plaintiff,

v.
CORRECTIONS CORPORATION
OF AMERICA, et al.,

Defendants.

)
)
)
)
)
)
)
)
)
)

NO: 9681

SETTLEMENT AGREEMENT AND RELEASE
TIDS AGREEMENT is made by and among Randall A Myers (hereinafter referred to

as "Plaintiff,) and Corrections Corporation ofAmerica (hereinafter referred to as "Defendant'').
WHEREAS, the Plaintiff filed an action in the Circuit Court of Hardeman County,

Tennessee at Bolivar, against the Defendant, designated as Civil Action No.: 9681 and
Defendant has d.."''lied all liability therein in the case; and
WHEREAS, the parties hereto have entered into an agreement for tfle settlement of the
above action in an effort to avoid costly, unnecesslll'Y litigation and to fully and forever resolve

all outstanding is.sues oflaw and fact in regard to all claims made and that might have been made

in the above--captioned suit.
NOW THEREFORE, it is hereby agreed by and among the parties as follows:
1. Corrections Corporation of America ("CCA") agrees to pay to the Pl~ti.f:t: Randall

A Myers, th~ sum ofEIGHT THOUSAND FIVE HUNDRED ($8 00.00) DOLLARS, in full
and final settlement of the above cause of action.

1

·-- 0-- . . .

'"--~-,..

. _. . . . ... . .

...,....--~

. _, .. . ,_,.______________. . .,_ ___...___

.. - - - · - - - - - - - - - -

~,..---

CCA SA 0070

2. In consideration ofthe above and foregoing payment and mutual promises, the

Plaintiff, Randall A. Myers, does hereby release, acquit and forever discharge Defendant, CCA,
and all past, present and future officers, directors, stockholders, agents, representatives,
employees, insurers, attorneys. assigns and successors in interest of and from any and all claims,
demands, causes of actions and suits a:t law or in equity of any kind or type or nature whatsoever,
whether such injury or damage is now known or unknown, past, present or future, arising out of
or based upon any personal injuries or damages of any kind actually or allegedly suffered by
Plaintiff as a result, directly or indirectly, in whole or in part, which Plaintiff ever had or which
,

he may now have or may at any time hereafter assert against the Defendant (1) concerning any

acts or omissions ·of Defendant, or (2) arising out of the incident(s) having been made the basis
of litigation filed under Civil Action No.: 9681, in the Circuit Court of Hardman County,
Tennessee at Bolivar, und~ the style ofRandal A. Myers v. Corrections Comorntion of America,

et al., including all claims asserted by Plaintiffin the referenced litigation and as are more fully
described in the pleadings filed in that cause. Plaintiff does further release, acquit and forever

discharge Defendant from any and all claims, demands, actions, causes of action and sui~ oflaw
or in equity and all claim~ of any nature whatsoever arising out of or resulting from the aforesaid
litigation or from any conditions that arose in his confinement with Corrections Corporation of
America at any time whether in contract or in tort for any and all injuries, damages, ~!aims, losses

or demands of'Whatsoever kind, type and character which may have been sustalned, experienced or
incuned by whether known or unknown a:t this time, and whether in existence or not in existence at
~ time, or which may deyelop, appear or become wprse, aggravated or disabl~g or result in~

or other consequences in the :future.or arise or appear in the future. Moreover, the Plaintiff
warrants that at the time of entering into this agreement, no debts had been incurred which would

~

---------·-·-----·--·-··-----~----~

--~---·--------

CCA SA 0071

·1'

result :in the withdrawal of funds from his trust account and further, upon payment of the above
consideration, Plaintiffforever releases and discharges Defendant from any claim regarding the
removal of funds from his inmate trust account.

3. It is understood and agreed that this Settlement Agreement and Release shall be
bind:ing upon and inure to the benefit ofthe parttes and their respective heirs, representatives,
successors and assigns.

4. It is tmderstood and agreed that the payment of the herein above described
consideration by the Defendant, is not to be construed as an admission of liability on the part of
the Defendant. Any payment made hereunder is in settlement of the Plaintiff's claims which are
not admitted. This Release is being given by the Plaintiff voluntarily, and is not based upon any
representations of any' kind made by Defendant, CCA, or their representatives, agents or

employees as to the merits, legal liability or value ofPlaintiff's claims. or any other matter
relating to those claims. In makjng this settlement, Plaintiff relies completely upon bis own
joogment, belief and knowledge of his rights.

5. It is understood and agreed that the Plaintiffwill not disclose the terms of this Release,
whether or not any money was paid or received hereunder, and the amount of such money; nor
shall the Plaintiffmake any :further statement or comment whatsoever, oral or written, with
regard to the terms, amount of settlement, or m..atters settled pursuant to this Release, other than
that they have been resolved to the mutoal smisfaction of all parties involved and t? file the

required Order dismissing said case. Should the Plaintiff disclose or attempt to disclose any
matter which the parties have hereinabove agreed to keep confidential, then the Defendant shall
have the right to seek :injunctive relief: in addition to .monetary damages.
6. The Plaintiffwammts tbat he bas=:~; carefully and signs the same as

--·-----·----~-~-··-··------- -··---~-----------------------

CCA SA 0072

,, I

his own free act. Plaintiff represents and warrants that he is over 21 years of age and legally
competent to execute this Release, and that before executing this Release, he fully understands
the same and executes it with the full knowledge of its contents and meaning.

7. The mdersigned fiu1her understands, declares and agrees that no other promise,

inducement or agreement ~ot herein expressed has been made to him and that this Final Release and
Settlement Agreement contains the entire agreement between the parties hereto and tPat the terms of
this Final Release and Settlement Agreement are contractual and not merely recital; and this Final

Release and Settlement Agreement sba.ll be construed and interpreted in accordance with the laws of
the State ofTennessee.
8. Th.at the undersigned, Randall A. Myers, warrants that he has or will satisfy any and all
claims of third parties including but not limited to for subrogation or UDpaid medical bills or

otheiWise by settlement, payment or other forms of satisfaction and that the undersigned will
indemnify and save harmless said Corrections Corporation of America and their heirs, personal
representatives, agents, servants, administrators, successors and assigns of and from ai:J:y and every
claim or demand of every k:iD.d or character, which may be asserted by reason of said injuries or the

.effects or consequences thereof whether by tort of contract or by third parties claiming by or
through him.

9. It is further understood and agreed that, pursuant to the provisions of the Tennessee
Rules of Civil Evidence this Settlement Agreement and Release shall not be admitted into
evidence against the Plamti.ff or Defendant. Plaintiff or Defendant may use this Settlement
Agreement and Release in

~dence

in defense of any suit or claim brought or asserted against

Plaintiff or Defendant to show accord and satisfaction of the dispute.

-----·-----~-

. ---...- ·--·--..·--··---c---·-----._,_.__

~----

--

CCA SA 0073

..

1

IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and date

indicated below.

DATE:
~"-'"£oo''~a.u A.

)-k- o{

MYERS, #319861
aroeman County Correctional Facility
2520 Union Springs Road
P.O. Box 549
.
Whiteville, Tennessee 38075 dR.-

Oi'¥1~

CA:;U:L/19
/'?J9,1,}111$,;-r~ 67!/0f

PENTECOST, GLENN & RUDD, P.LL.C.

BY:--.~---------1 S I. PENTECOST 011640
Attorney for Defendant,
CCA
106 Stonebridge Blvd.
Jackson, Tennessee 38305
(731) 668-5995

--~-

...._....._,._.....

--

DATE:

e:?- ~

-ot

... --~--- ,--~· ..·----~-------·----,..-·--

CCA SA 0074

CONmDEN~SETTLEMENTAGREEMENTAND

RELEASE OF ALL CLAIMS

The following is a Confidential Settlement Agreement and Release of All Claims
(hereinafter "Agreemenf1 by and between Jeffrey Lee Pines (hereinafter ''Plainti.f£'1 and Corrections
Corporation of America (hereinafter referred to with their current or former officers, directors,
agents, employees, stockholders, divisions, attorneys, successors, affiliates, subsidiaries, surviving
company or companies by reason of any merger or acquisition, heirs, executors, administrators,
spouses, and assigns as "Defendant'') regardlng any and all past and present claims and their future
effects that have arisen or could arise out of Plaintiffs incarceration at the Silverdale Detention
Center, including, without limitation, all claims asserted in his Civil Complaint.

WITNESETH:
WHEREAS, Plaintiff filed a civil action against Defendant, which civil action is
currently pending in the Circuit Court of Hamilton County, Tennessee bearing docket number

OOC1339, and styledJeffreyLeePines v. Corrections Cm:poration ofAmerica (the "Civil Action'');
and
\VHEREAS, Plaintiff and Defendant now desire to resolve by compromise and
settlement all claims sought to be enforced by Plaintiff against Defendant in the Civil Action, all
claims which were or might have been made against Defendant in the Civil Action, as well as all

claims in any manner arising from or connected with Plaintiff's incarceration at the Silverdale
Detention Center and any other claims that he may have against Defendant.

• oODAA\PCDOCS\DOCS\9SS779 \ ~

miiliiiillllllliifiliii

CCA SA 0075

NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the sufficiency of which is hereby acknowledged, Plaintiff and Defendant do hereby
agree as follows:

1.

Settlement Amount. In consideration for this Agreement, Defendant agrees

to the following:
a.

Defendant Corrections Corporation of America will pay to Plaintiff

the amount of Three Thousand and No/100 ($3,000.00) Dollars by check drawn upon Corrections
Corporation of America made payable to the order of Jeffrey Lee Pines and his attorney, Charles G.
Wright, Jr.
b.

The parties agree that these payments represent compensatory damages

for personal injury and attorney fees, and that no taxes will be withheld from these payments.
Plaintiff J e:ffi'ey Pines agrees to accept all responsibility for paying the appropriate taxes, penalties,

and interest that may be assessed as a result of the payment ofthis settlement to him by Defendant.
2.

Confidentiality. Plaintiffagrees to keep completely confidential the amount

and terms of this Agreement and the circumstances giving rise to this Agreement, and will not
disclose, directly .or indirectly, any such information to any person or entity with the exception that
he may disclose information regarding this Agreement to his attorney, members of his immediate
family, and to a professional tax advisor or tax return preparer for the limited purpose of obtaining
advice regarding or preparing such tax return or returns as may be necessary. In the event that
Plaintiffmakes such limited disclosure to such persons as are authorized by this Agreement, he shall
affirmatively instruct such persons to abide strictly by the conditions of confidentiality imposed
hereunder. In the event that Plaintiff is asked about his claims against Defendant by some person
~

o oODICA\PClX>CII\IlOCS\95577 9\1

2

CCA SA 0076

or entity other than those specified in this paragraph, Plaintiffis authorized to divulge only that such
claims have been resolved. Nothing in this Agreement shall prevent Plaintiff from responding to a
subpoena issued by any agency or court of competent jurisdiction.
Plaintiff further recognizes and acknowledges that strict confidentiality is of the
essence of this Agreement and that Defendant would suffer immediate and irreparable harm in the
event of any breach ofthat confidentiality. In the event of a breach ofthis confidentiality provision,
this Settlement Agreement shall not be void; however, Defendant may bring an action in a Court of
appropriate jurisdiction inHamilton County, Tennessee, to enforce the confidentialityprovisions and
to recover appropriate aftomey fees in connection with such action.
3.

General Release.

Plainti.~

for and on behalf ofbimself, individually, and

his heirs, executors, trustees, administrators, representatives, and spouse, hereby fully, finally,
completely, and forever RELEASES Defendant from any and all claims and causes of action under
any federal, state or local statute, ordinance, or under the common law, which he has or might have
against Defendant. This release specifically includes, but is not limited to, any claim of negligence,

violation ofcivil rights, harassment, breach of contract, defamation, invasion ofprivacy, intentional
infliction of emotional distress, mental or physical anguish, humiliation, loss of reputation and
esteem, and/or discrimination. Plaintiff further releases Defendant from all claims which were
alleged or which could have been alleged by Plaintiff against Defendant for any and all injuries,
harm, damages, lost income, medical expenses, penalties, costs, losses, expenses, attorney fees,
and/or liability or other detriment, if any, whatsoever and whenever incurred, suffered or claimed
by Plaintiff as a result of any and all alleged acts, omissions, or events arising from or in any way

3

CCA SA 0077

connected with any communications, negotiations, and dealings between Plaintiffand Defendant that
have or may have occurred from the beginning of time to the effective date of this Agreement.
4.

Final Order. The parties agree that, commensurate with the execution ofthis

Agreement, Plaintiff, through his attorney of record in the Civil Action, shall cause to be entered an
Order in the Circuit Court of Hamilton County, Tennessee reciting the fact that all claims asserted
by him in the Civil Action have been resolved, dismissing such claims on the merits and with
prejudice.

5.

Disclaimer of Liability. Plaintiff acknowledges that Defendant's payment

of the sums described in Parag.."<iph 1 does not constitute and shall not be construed as an admission
of any acts of misconduct or negligence whatsoever against Plaintiff or any other person. and
Defendant specifically disclaim any liability to, misconduct, or negligence against Plaintiff or any
other person. on the part of themselves, their employees, or their agents, and the above-described
payments are made in order to compromise and settle an unliquidated obligation which has been
disputed byDefendant. Defendant expressly denies the claims made or which could have been made
by Plaintiff.
6.

Tax Consequences of Settlement Payment.

The settlement amounts

referenced in Paragraph 1 represent attorney fees and compensatory damages for personal injuries
claimed by Plaintiff. The parties acknowledge that Defendant is under no obligation to withhold
taxes on these payments. In the event a taxing authority detern:rines any taxes are owed on these
payments, Plaintiffhereby agrees that such taxes will be his sole responsibility and that Defendant
will not be liable for the payment of any taxes on his behalf. Plaintiffagrees to indemnify Defendant

4

CCA SA 0078

for all taxes, penalties and interest that may be assessed as a result of the payment of this settlement
to him by Defendant.
7.

Complete Defense andlndemnification. Plaintiffaclmowledges and agrees

that this Agreement may be used by Defendant as a complete defense to any past, present, or future
claim or entitlement which he has against Defendant for or on account of any matter or thing
whatsoever arising out of his relationship with Defendant and which has been set forth herein.
Plaintiff also understands and agrees to indemnify Defendant for any costs, damages, and attomey
fees which they may incur in defending or prosecuting claims arising out of or caused by Plaintiffs
breach of this Agreement. Defendant understands and agrees to indemnify Plaintiff for any costs,
damages, and/or attorney fees which he may incur in defending or prosecuting any claims arising out
of or caused by Defendant's breach of this Agreement.
8.

Full Knowledee and Volition. Plaintiffrepresents and acknowledges that,

in executing this Agreement, he does not rely and has not relied upon any other representation or
statement made by Defendant or by any of Defendant's agents, representatives, or attorneys with
regard to the subject matter, basis, or :fuct of this Agreement (other than the payment of the
settlement amounts stated in Paragraph 1 herein). Plaintiff further acknowledges that he has
thoroughly discussed all aspects ofthis Agreement with his attorney, that be has carefully read and
understands all of the provisions of this Agreement, and that he is voluntarily entering into this
Agreement. Plaintiff acknowledges and confirms that the terms and conditions stated in this
Agreement are the only consideration for him signing this Agreement, and that no other promise or
agreement ofany kind, except those set forth in this Agreement, has been made to him by ar..yperson
to cause him to sign this document

• oOZIIG\Paxx:S\DOCB\f5S?7f\l.

5

CCA SA 0079

9.

Governing Law. This Agreement is made and delivered in the State of

Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said
state.

10.

Severability of Provisions. The parties agree that, should any part, term or

provision of this Agreement be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining parts, tenns, or provisions shall not
be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to be a
part of this Agreement.

11.

Complete Agreement. This Agreement contains the entire agreement

between Plaintiff and Defendant, and there is no agreement on the part of either party to do any act
or thing other than as expressly stated in this Agreement. This Agreement supersedes any other
agreement, either oral or in writing, between the parties. There will also be no modifications or
amendments to this Agreement unless they are in writing, signed by all parties.
WHEREFORE, Plaintiff and Defendant have caused this Confidential Settlement
Agreement and Release to be executed on the dates indicated below.

Date:

• •ODIU\\PCDOC:S\DOCS\ 955779\l.

~ ;¥ lt>z,

6

CCA SA 0080

STATE OF TENNESSEE
COUNTY OF HAMJLTON

)
)
)

Before me, a Notary Public in and for the above-named county and state, personally
appeared Jeffrey Lee Pines, with whom I am personally acquainted, and who, having first been duly
sworn, made oath that he has read the foregoing Confidential Settlement Agreement and Release of
All Claims, discussed its contents with coWlSel, and fully understands such contents and executed
same as his free, voluntary, and fully informed act and deed.

~day of, ~

WITNESS my hand, at office, this£lu

My Commission Expires:

Jl)sj/)3

, 2002.

~~&&a;;4ld

7

CCA SA 0081

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DM SION

THOMAS PRUITT,

)
)
)
)
)
)
)
)
)

Plaintiff~

vs.
SENIOR SHIRLEY MCKINNEY, et al.,

Defendants.

No.:

02 ~11 45

SETTLEMENT AGREEMENT AND RELEA SE

THIS AGREEMENT is made by and among Thomas Pruitt (hereinafter referred
to as •plaintiff') and Corrections Corporation of America and Defendants Brandon
Moore and Shirley McKinney (hereinafter referred to as "Defendants").
WHEREAS, the Plaintiff filed an action in the United States District Court for the
Western District of Tennessee, Eastern Division, against the Defendants, designated as
Civil Action No.: 02-1145 and Defendants have denied all liability therein in the case;
and
WHEREAS, the parties hereto have entered into an agreement for the settlement
of the above action in an effort to avoid costly, unnecessary litigation and to fully and
forever resolve all outstanding issues of law and fact in regard to all claims made and
that might have been made in the above-captioned suit
NOW THEREFORE, it is hereby agreed by and among the parties as follows:
1. Corrections Corporation of America (hereinafter referred to as "CCA•) agrees

1

·-·-------··---·------ -------

________ _______CCA SA

008~ --

to pay to the Plaintiff, Thomas Pruitt, the sum of ONE THOUSAND FIVE HUNDRED
($1,500.00) DOLLARS, in full and final settlement of the above cause of action.
2. In consideration of the above and foregoing payment and mutual promises,
the Plaintiff, Thomas Pruitt, does hereby release, acquit and forever discharge CCA and
Defendants, Brandon Moore and Shirley McKinney, and all past, present and future
officers, directors, stockholders, agents, representatives, employees, insurers,
attorneys, assigns and successors in interest of and from any and all daims, demands,
causes of actions and suits at law or in equity of any kind or type or nature whatsoever,
whether such injury or damage is now known or unknown, past, present or future,
arising out of or based upon any personal injuries or damages of any kind actually or
allegedly suffered by Plaintiff as a result, directly or indirectly, in whole or in part, which
Plaintiff ever had or whicf:l he may now have or may at any time hereafter assert against
these Defendants (1) concerning any acts or omissions of Defendants, or (2) arising out
of the incident(s) having been made the basis of litigation filed under Civil Action No.:
02-1145, in the United States District Court for the Western District of Tennessee,
Eastern Division, under the style of Thomas Pruitt v. Senior Shirley McKinney. et al.,
including all claims asserted by Plaintiff in the referenced litigation and as are more fully
described in the pleadings filed in that cause. Plaintiff does further release, acquit and
forever discharge Defendants from any and all claims, demands, actions, causes of
action and suits of law or in equity and all claims of any nature whatsoever arising out of
or resulting from the aforesaid litigation.
3. It is understood and agreed that this Settlement Agreement and Release shall
be binding upon and inure to the benefrt of the parties and their respective heirs,

2

_ -~-~------· -------------------~-----·--·---- ____..;;;.
C.CA
.; :; . ~A _0_083__

representatives, successors and assigns.
4. It is understood and agreed that the payment of the herein above described
consideration by the Defendants, is not to be construed as an admission of liability on
the part of the Defendants. Any payment made hereunder is in settlement of the
Plaintiff's claims which are not admitted. This Release is being given by the Plaintiff
voluntarily, and is not based upon any representations of any kind made by CCA and
Defendants, Brandon Moore and Shirley McKinney, or their representatives as to the
merits, legal liability or value of Plaintiffs claims, or any other matter relating to those
claims. In making this settlement, Plaintiff relies completely upon his own judgment,
belief and knowledge of his rights.
5. It is understood and agreed that neither the Plaintiff nor the Defendants will
disclose the terms of this Release, whether or not any money was paid or received
hereunder, and the amount of such money; nor shall the Plaintiff or the Defendants
make any further statement or comment whatsoever, oral or written, with regard to the
terms, amount of settlement, or matters settled pursuant to this Release, other than that
they hdve been resolved to the mutual satisfaction of all parties involved and to me th~
required Order dismissing said case. It is further agreed that the parties may disclose
the terms, amount of settlement or other matters related to this settlement with persons
who have a need to know, such as tax attorneys or accountants, or pursuant to a lawful
Order of any Court of competent jurisdiction. Should either party disclose or attempt to
disclose any matter which the parties have hereinabove agreed to keep confidential,
then the other party shall have the right to seek injunctive relief, in addition to monetary
damages.

3

-· ____ ,.._ .... _- - - - - - - - · - - - --- ·- - - - - - - - - - - - - - - .. --·--·-------- -~CA SAJ!08_!__

6. The Plaintiff warrants that he has read this document carefully and signs the
same as his own free act. Plaintiff represents and warrants that he is over 21 years of
age and legally competent to execute this Release, and that before executing this
Release, he furly understands the same and executes it with the full knowledge of its
contents and meaning.
7. It is understood that this release is given in good faith as a voluntary
settlement by the Plaintiff of a disputed claim and shall not discharge any tortfeasor
other than mentioned herein for the damages and injuries sustained by the Plaintiff.
The Plaintiff -releases and discharges the released parties from all li:3bility for
contribution or non-contractual indemnity to any other tortfeasor, and agrees to make
whole, save rarmless and indemnify the released parties for all expenses incurred and
amounts paid, including costs and attorney's fees, on account of or arising out of any
claim against the released parties for contribution or non-contractual indemnity by any
tortfeasor.
8. It is further understood and agreed that, pursuant to the provisions of Federal
Rules of Civil Evidence, Rule 408, this Compromise Settlement Agreement and Release
shall not be admitted into evidence against the Plaintiff or Defendants. Plaintiff or
Defendants may use this Compromise Settlement Agreement and Release in evidence
in defense of any suit or claim brought or asserted against Plaintiff or Defendants to
show accord and satisfaction of the dispute.

IN WITNESS WHEREOF, the parties have hereunto set their hands on the day
and date indicated below.

4

-

.

-----·----

-----------· -·---·--------------

____CCA _S_
A _0085 _

BY:

-

~~~ "\)~
THOMAS PRUITT
2570 East Grove Road
Gleason. TN 38229

PENTECOST, GLENN & RUDD, P.L.L.C.

JAME1:\ P N co ·
0
K. MICHE LE BOOTH 018952
Attorneys for Defendants,
Brandon Moore and Shir1ey McKinney
106 Stonebridge Blvd.
Jackson, Tennessee 38305
(731 ) 668-5995

5

---· ·- ··---------------------·-- -· --·------ --·---·--·---·

CCA SA 008;..6;;._ _

CONFIDENTIAL SETTLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS
The following is a Confidential Settlement Agreement and Release of All Claims
(hereinafter "Agreement") by and between Jimmy Lee Redmond, Jr. (hereinafter "Plaintiff') and
CCA of Tennessee, Inc. and Corrections Corporation of America (hereinafter referred to with
their current or former officers, directors, agents, employees, stockholders, divisions, attorneys,
successors, affiliates, subsidiaries, surviving company or companies by reason of any merger or
acquisition, heirs, executors, administrators, spouses, and assigns as "Defendant") regarding any
and all past and present claims and their future effects that have arisen or could arise out of
Plaintiff's incarceration at the Silverdale Detention Center and the treatment that he received
from Defendant during that period of incarceration.
WITNESSETH:
WHEREAS, Plaintiff filed a civil action against Defendant, which civil action is
currently pending in the Circuit Court of Hamilton County, Tennessee, bearing docket number
04C-160, and styled Jimmy Lee Redmond, Jr: v. CCA of Tennessee. ·Inc., (the "Civil Action");
and
WHEREAS, Plaintiff and Defendant now desire to resolve by compromise and
settlement all claims sought to be enforced by Plaintiff against Defendant in the Civil Action, all
claims which were or might have been made against Defendant in the Civil Action, as well as all
claims in any manner arising from or connected with Plaintiff's incarceration at the Silverdale
Detention Center and the trea1ment that he received from Defendant during that period of
incarceration.

NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the sufficiency of which is hereby acknowledged, Plaintiff and Defendant do hereby
agree as follows;
1.
Settlement Amount. In consideration for this Agreement, Defendant
agrees to pay th.e total amount of Seventy Fiv~ Hundred and No/ 100 ($7,500.00) Dollars by
check made payable to Jimmy Lee Redmond, Jt.· ·and Jomr T. Rice; ·P.C., which amount
represents compensatory damages for personal injury claimed by Plaintiff as well as attorney
fees. It is agreed that this check encompasses the total monetary consideration to be paid by
Defendant to Plaintiff for this settlement, and is paid in full, final and complete settlement of all
claims that were or could have been asserted by Plaintiff in the aforementioned Civil Action or in
any other litigation. The parties agree that this amount does not represent lost wages, and that no
payroll taxes will be withheld from this payment Plaintiff agrees to accept all responsibility for
paying the appropriate taxes, penalties and interest that may be assessed as a result of the
payment of this amount to him by Defendant.
2.
Confidentiality. Plaintiff agrees to keep completely confidential the
amount and terms of this Agreement and the circumstances giving rise to this Agreement, and
will not disclose, directly or indirectly, any such information to any person or entity with the

2075891

CCA SA 0087

exception that he may disclose information regarding this Agreement to his attorneys and to a
professional tax advisor or tax return preparer for the limited purpose of obtaining advice
regarding or preparing such tax return or returns as may be necessary. In the event that Plaintiff
makes such limited disclosure to such persons as are authorized by this Agreement, he shall
affirmatively instruct such persons to abide strictly by the conditions of confidentiality imposed
hereunder. In the event that Plaintiff is asked about his claims against Defendant by some person
or entity other tban those specified in this paragraph, Plaintiff is authorized to divulge only that
such claims have been resolved. Plaintiff further recognizes and acknowledges that strict
confidentiality is of the essence of this Agreement, and that Defendant would suffer immediate
and irreparable hann in the event of any breach of that confidentiality. In the event of a breach
of this confidentiality provision, this Settlement Agreement shall not be void; however,
Defendant may bring an ·action in a Court of appropriate jurisdiction to enforce the
confidentiality provisions and to recover appropriate damages, attorney fees and costs.
General Release. Plaintiff, for and on behalf of himself, individually, and
3.
his heirs, executors, trustees, administrators, representatives and assigns, hereby fully, finally,
completely, and forever RELEASES Defendant (including, without limitation, Corrections
Corporation of America, CCA of Tennessee, Inc.) from any and all claims and causes of action
under any federal, state or local statute, ordinance, or under the common law, which he has or
might have against Defendant, including, without limitation, any claim based on express or
implied contract; any claims of promissory estoppel; any action arising in tort, including, but in
no way limited to, medical malpractice, hbel, slander, defamation, intentional ifu-'liction of
emotional distress, outrageous conduct or negligence; any claim for wrongful discharge, any
constitutional claims, including any claim pursuant to 42 U.S.C. Section 1983, or any claim
under all laws relating to the violation of public policy, retaliation or compensation; any claims
arising under disability discrimination, including the Americans with Disabilities Act; any
whistle-blower claims; or any claims under other applicable federal, state or local law,
regulation, ordinance or order, at common law or otherwise arising out of Plaintiff's
incarceration at the Silverdale Detention Center and treatment that he received while incarcerated
there, which Plaintiff now has, owns or holds, or claims to have, own or hold, or which he at any
time heretofore had, owned or held, or claimed to have, own or hold against Defendant. Plaintiff
further releases Defendant from all claims which were alleged or which could have been alleged
by Plaintiff against Defendant for any and all injuries, hann, ~ages, lost wages, medical
· ·· expenses, penalties, costs,. losses, expenses, attorney fees·, and/or liability or other detriment, if
any, whatsoever and whenever incurred, suffered or claimed by Plaintiff as a result of any and all
alleged acts, omissions, or events arising from or in any way connected with any
communications, negotiations, dealings, treatment and compensation between Plaintiff and
Defendant that have or may have occurred from the beginning of time to the effective date of this
Agreement.

4.

Final Order. The parties agree that, commensurate with the execution of

this Agreement, Plaintiff: through his attorneys of record in the Civil Action, shall cause to be
entered an Order in the Circuit Court of Hamilton County, Tennessee, reciting the .tact that all
claims asserted by him in the Civil Action have been resolved, dismissing such claims on the
merits and with prejudice.

2075891

Page2 of5
CCA SA 0088

5.
Disclaimer of Liability.
Plaintiff acknowledges that Defendant's
payment of the sum descnbed in paragraph 1 does not constitute and shall not be construed as an
admission of any acts of discrimination, retaliation, misconduct, or negligence whatsoever
against Plaintiff or any other person, and Defendant specifically disclaims any liability to,
discrimination, retaliation, misconduct, or negligence against Plaintiff or any other person, on the
part of themselves, their employees, or their agents, and the abov~described payment is made in
order to compromise and settle an unliquidated obligation which has been disputed by
Defendant. Defendant expressly denies the claims made or which could have been made by
Plaintiff.

6.
Tax Consequences of Settlement Payment. The settlement amount
referenced in paragraph 1 represents attorney fees and compensatory damages for personal
injwy. · This payment does not represent lost wages. Conseq11ently, Defendant is under no
obligation to withhold taxes on this payment. In tb.e event any taxes, penalties or liabilities of
any kind are owed, assessed or incurred by Defendant on this payment, Plaintiff hereby agrees
that such taxes, penalties, or liabilities will be his sole responsibility and he will fully and
completely indemnify and hold harmless Defendant for such taxes, penalties or liabilities, and
that Defendant will not be liable for the payment of any taxes, penalties, or liabilities on his
behalf. Defendant will issue appropriate 1099 forms to Plaintiff and his attorney. Nothing
herein shall be construed or relied upon as advice or opinion by or on behalf of Defendant
regarding the tax treatment of tb.e settlement payment, and Plaintiff hereby expressly
acknowledges that he will rely solely on his own accountant, attorney or advisor for such advice
or opinion.
7.
Complete Defense and Indemnification. Plaintiff acknowledges and
agrees that this Agreement may be used by Defendant as a complete defense to any past, present,
or future claim or entitlement which Plaintiff has against Defendant for or on account of any
matter or thing whatsoever arising out of his relationship with Defendant and which has been set
forth herein. Plaintiff also understands and agrees to indemnify Defendant for any costs,
damages, and attorney fees which it may incur in defending or prosecuting claims arising out of
or caused by Plaintiff's breach of this Agreement. Defendant understands and agrees to
indemnify Plamtiff for any costs, damages, and/or attorney fees which he may incur in defending
or prosecuting any claims arising out of or caused by Defendant's breach of this Agreement.
8.
Full Knowledge and Volition. Plaintiff represents and acknowledges
that, in executing this Agreement, he does not rely and has not relied upon any other
representation or statement made by Defendant or by any of Defendant's agents, representatives,
or attorneys with regard to the subject matter, basis, or fact of this Agreement (other than the
payment of the settlement amounts stated in paragraph 1 herein). Plaintiff further represents and
acknowledges that he has thoroughly discussed all aspects of this Agreement with his attorneys,
that he has carefully read and understands all of the provisions of this Agreement, and that he is
voluntarily entering into this Agreement. Plaintiff acknowledges and confirms that the only
consideration for his signing this Agreement are the terms and conditions stated in this
Agreement, that no other promise or agreement of any kind, except those set forth in this
Agreement, has been made to him by any person to cause him to sign this document.

2075891

Page 3 ofS

CCA SA 0089

9.
No Assignment. Plaintiff represents and warrants that he is the sole
owner of and has not sold, pledged, assigned, granted or otherwise transferred part or all of any
claims that have or could have been pursued by Plaintiff against Defendant.
10.
Governing Law. This Agreement is made and delivered in the State of
Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said
state.
1 1.
Severability of Provisions. The parties agree that, should any part, term
or provision of this Agreement be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to
be a part of this Agreement.

12.
Complete Agreement. This Agreement contains the entire agreement
between Plaintiff and Defendant, and there is no agreement on the part of either party to do any
act or thing other than as expressly stated in this Agreement. This Agreement supersedes any
other agreement, either oral or in writing, between the parties. There will also be no
modifications or amendments to this Agreement unless they are in writing, signed by all parties.
WHEREFORE, the undersigned have caused this Confidential Settlement
Agreement and Release to be executed on the dates indicated below.

Sworn to and suhsc~;,;
me thisi1}f/:day of ·
_
2005.

~~·~
Notary Pub he

My Commission Expires:

6 -JtJ ~cJ(/

2075891

Page 4 of 5

CCA SA 0090

CCA of Tennessee, Inc. and Corrections
Corporation of Am

By:

~r.r----r-----

Title:
Date:

Z

Jt. '{ /~S:

2075891

CCA SA 0091

RELEASE
In consideration for the payment by Corrections Corporation of America ("CCA") to

James Andrew Reese ("Reese") of the amount of Six Thousand One Hundred Eighty Four
Dollars and Seventy One Cents ($6,184.71), after the execution of this Release, Reese hereby
releases and forever discharges CCA, Officer Jahzeel Gayle, Officer Boddy Simon, Officer
Lewis Taylor, and their agents, employees, officers, directors, successors, and assigns from any
causes of action of any kind, known and unknown. that he now has or hereafter may have against
them, including but not limited to those claims that could have been asserted with respect to
Reese's alleged slip and fall at the Metro-Davidson County Detention Facility on April4, 2006.
This Release expresses a full and complete release of a liability claimed and denied, regardless of
the adequacy of the above consideration.
Reese agrees that the construction, interpretation, and enforcement of this Release shall
be governed by Tennessee law. Reese further agrees and stipulates that any cause of action

regarding the validity, construction, or interpretation of this Release shall be brought only in the
Chancery Court for Davidson County, Tennessee.
Reese hereby acknowledges that he has read and understands the terms of this Release.

~~~~

rsANDREw REESE

CCA SA 0092

STATE OF TENNESSEE
COUNTY OF DAVIDSON

)
)
)

Before me, the undersigned, a Notary Public in and for said county and state, personally
appeared James Andrew Reese, with whom I am personally acquainted or proven to me on the
basis of satisfactory evidence, who acknowledged that he has executed the foregoing instrument
of his own free will, and that he did so for the purposes and considerations therein expressed.
Sworn to and subscribed before me on this

10 "day of Apti I

, 2007.

[SEAL]
My commission expires:

nf r~focr
54844

- -

2

CCA SA 0093

(

I

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
This Confidential Settlement Agreement and Release ("Agreement") is made and entered
mto by ·a li of the surviviilg children of Carlton Sloss (collectively referred to as "Claimants") and
Corrections Col:poration of America ("~CA'') on this · ~(JPI- day of November, 2006.
L

CCA shall pay to Claimants the sum of $650,000.

2.
Claimants hereby release, acquit, and forever discharge CCA for any and all
claims relating in any way to the injuries and subsequent death of Carlton Sloss in December
2005. Claimants acknowledge that this Agreement constitutes a general release of CCA for all
such claims. Claimants further covenant, individually and collectively, that they will never file
suit in any court, tribunal, administrative agency, or -other forum with respect to any action or
omission of CCA relating to Carlton Sloss. Fmi:hermore, Claimants waive and assume the risk
of any and all claims or damages which exist as of this date, but of which Claimants do not know
or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and
which, if known, would materially affect their decision to. enter into this Agreement
This Agreement and the foregoing release ~hall also apply to all of CCA's past,
. 3.
.present, and future employees, agents, officers, directors, representatives, affiliates, partners,
related entities, predecessors, and successors in interest. This Agreement and the foregoing
release shall also include any and all entities owned currently or previously, in whole or in part,
by Defendants.
4.
Claimants acknowledge and warrant that they are the sole surviving children of
Carlton Sloss and that they are the only persons who have the legal right under Tennessee law to
puniue the claims at issue.
5.
Claimants acknowledge that this Agreement does not indicate an admission of
-.liability by CCA, by whom liability is expressly denied.
6.
Neither Claimants nor CCA shall disclose any of the terms of this Agreement,
including but not limited to the amount of money paid by CCA to Claimants, to any person or
entity not a party to this Agreement except as required by law and/or except for disclosures to
Claimants' immediate family members, tax advisors, and attorneys (all of whom are collectively
Feferred to as "Claimants' Advisors"). Claimants will require Claimants' Advisors to agree to be
boun~ by the confidentiality provisions of this Agreement; as if a party hereto. A disclosure of
the tenns o~ this Agreement by Claimants' Advisors in violation of this Agreement will be
deemed to be a breach of this confidentiality provision by Claimants.
7.
Claimants acknowl~ge that they have fully read and understand all the terms ·of
this Agreement, that they have received the advice of counsel with respect to executing it, and
that they execute it voluntarily and with full knowledge of its significance.

Any purported modification of this Agreement other than one in writing signed by all
parties shall be void and of no force and effect.

CCASA 0094

/

Corrections Corporation of America

51988

2

CCA SA 0095

RELEASE
In consideration for the payment by Corrections Corporation of America ("CCA") to
Shannon Stanton ("Plaintiff') of the amount of One Thousand Seven Hundred and Fifty Dollars
($1,750.00) after the execution of this Release, Plaintiff hereby releases and forever discharges

CCA, Correctional Officer Sybil Mayweather, Dr. Ramsey Walker, M.D., and John Does l-100
(collectively ''Defendants") and their agents, officers, directors, successors, and assigns from any
cuuscs of action of any kind, known and unknown, thf!t she now has or hereafter may have
ngainst Defendants. :ncbdir1g but not limitt.>d to those claims asserted or that could have been

asserted in the civil action entitled Shannon Stanton v. Corrections Corporation of America, et
al., United States District Court for the Middle District of Tennessee, Case No. 3:03-0671, as
well as the appeal of that civil action entitled Shannon Stanton v. Corrections Corooration of
America, et al., United States Court of Appeals for the Sixth Circuit. Case No. 03-6621 (the
"Litigation"). This Release expresses a full and complete release of a !lability claimed and
denied, regardless of the adequacy of the above consideration. Plaintiff further agrees to a
dismissal of the Litigation with prejudice.
Plaintiff agrees that the construction, interpretation, and enforcement of this Release shall
be governed by Tennessee law. Plaintiff further agrees and stipulates that any cause of action
regarding tbe valiC:ily, construction, or interpretation

~f thts

Release sha.l. be brought only in the

Chancery Court for Davidson County, Tennessee.

Pl&ntiJhcknowlodg" that '"' bM """' ""'undcrnl>ruh< the ~f 11m Release.

~4D.

\

ONSTANTdN

d[)A.

STATE OF TENNESSEE
COUNTY OF DAVIDSON
Before me, the undersigned, a Notary Public in and for said county and state, personally
appeared Shannon Stanton, with whom I am personally acquainted or proven to me on the basis
of satisfactory evidence, who acknowledged that she has executed the foregoing instrument of
her own free will. and that she did so for the purposes and considerations therein expressed.

[SEAL]

My commission eXpires:

. .

\\\ ";l.~ O~.

CCA SA 0096

FINAL RELEASE AND SETTLEMENT AGREE:MENT
TffiS AGREEMENT is made by and between The Estate ofDelbert Steed, by and
through its Administrators, Judy S. Ranne and Richard Herron Steed (hereinafter referred to as
''Plaintiff') (hereinafter referred to as "Estate") and Corrections Cozporation of America
("CCA~')

and Hardeman County Correctional Facility ("HCCF'') (hereinafter referred to as

''Defendants").
WHEREAS, the "'Estate" filed an action in the United States District Court for the
Western District of Tennessee, Eastern Division, against the Defendants, designated as Civil
Action No.: I :03-1015 and the Defendants have denied all liability therein in the case;
'WHEREAS, the parties hereto have entered into an agreement for the settlement of the
above action and any claims as to the death of the decedent Delbert Steed (hereinafter the
"decedenf') in an effort to avoid costly, unnecessary litigation and to fully and forever resolve all
outstanding issues of law and fact in regard to all claims made and that might have been made in
the above-captioned suit or by any wrongful death claim or statute.

NOW THEREFORE, it is hereby agreed by and among the parties as follows:
1. CCA agrees to pay to the "Estate" by and through its administrators, Judy S. Ranne

and Richard Herron Steed, and attorney and agent, Steve Maroney, the sum of ONE
HUNDRED TWENTY THOUSAND ($120,000.00) DOLLARS, as full and final settlement of
the above cause of action.
2. In consideration of the above and foregoing payment and mutual promises, the
"Estate", and any one claiming by or through the decedent does hereby release, acquit and
forever discharge CCA, HCCF and all past, present and future officers, directors, stockholders,
agents, representatives, employees, insurers, attorneys, assigns and successors in interest of and

·-

-------~--

- - - - - - - - · - _··· - - - - - - -..----·-------· __ - - - - - _ . CCA SA 0021_ __ _

from any and all claims, demands, causes of actions and suits at law or in equity of any kind or
type or nature whatsoever, whether such injury or damage is now known or unknown, past,
present or future, arising out of or based upon any personal injuries or damages of any kind
actually or allegedly suffered by the "Estate" as a result, directly or indirectly, in whole or in

part, as to the death of the decedent which the ''Estate'' or any one claiming by or through the
decedent ever had or which it may now have or may at any time hereafter assert against the
Defendants (1) concerning any acts or omissions of the Defendants, or (2) arising out ofthe
incident(s) having been made the basis of litigation filed under Civil Action No.: 1:03-1015, in
the United States District Court for the Western District of Tennessee, Eastern Division, under

t4e style of The Estate ofDelbert Steed by and through it Administrators, Willis Cecil Steed and
Richard Herron Steed v. Corrections Corporation ofAmerica, Inc. d/b/a Hardeman County
Correctional Facility, including all claims asserted by the ''Estate" in the referenced litigation
and·as are more fully described in the pleadings filed in that cause and all issues asserted by
Defendants in the referenced action. The "Estate" and any one claiming by or through the
decedent does further release, acquit and forever discharge Defendants from any and all claims,
dem ands, actions, causes of action and suits of law or in equity and all claims of any nature
whatsoever arising out of or resulting from the aforesaid litigation or any claims by or through
the decedent . The ''Estate" does further relinquish all rights to pursue a Motion for
Discretionary Costs or Attorney Fees and Expenses and that no Motion will be ever requested or
awarded to either party.
3. It is agreed and tm.derstood by the parties hereto that the suit styled, "The Estate of

Delbert Steed by and through it Administrators, Willis Cecil Steed and Richard Herron Steed v.
Corrections Corporation ofAmerica, Inc. d/b/a Hardeman County Correctional Facility," in the

--

----------

..

---·----------~-------····-

CCA SA 0098

U.S. District Court for the Western District of Tennessee, Eastern Division, Civil Action No.:
1:03-1015, will be, as part of the consideration for this Final Release and Settlement Agreement,

dismissed with prejudice by an appropriate Order executed by the undersigned parties through their
attorney and entered and filed with the Court. The ''Estate" shall also receive the appropriate
approval and Order from the Probate Court for the Estate, which is satisfactory to the Defendants, to
approve and ratify this settlement agreement and to bind the ''Estate" and all beneficiaries that may
claim through the decedent as to the terms of this agreement.
4. It is understood and agreed that this Final Release and Settlement Agreement shall be

binding upon and inure to the benefit of the parties and their respective beneficiaries, heirs,
representatives, successors and assigns.
5. It is understood and agreed that the payment of the herein above described
consideration by the Defendants, is not to be construed as an admission of liability on the part of
the Defendants. Any payment made hereunder is in compromise and settlement of the ''Estate's"
claims which are not admitted. 1bis Release is being given by the "Estate" voluntarily, and is
not based upon any representations of any kind made by CCA, or their representatives as to the
.. merits, legal liability or value of the "Estate's" claims. or any other matter relating to those
claims. In making this settlement, the "Estate" relies completely upon its own judgment, belief

and knowledge of its rights as explained by legal counsel.
6. The "Estate" warrants that this document has been read carefully and is signed the

same as a free act of the representatives of the "Estate". The ''Estate" represents and vvarrants
that it has the legally ability and authority; both by law and statute, to execute this Final Release

and Settlement Agreement, and that before executing this Final Release and Settlement. the
representatives fully understand the same and execute it with the full knowledge of its contents

---------

----~·---·---·-··------ -------------------·- ·------- CC~_§A_!)09~---

settlement, payment or other forms of satisfaction and that the undersigned will indemnify and save
harmless said CCA, HCCF, and their heirs, personal representatives, agents, servants,
administra1ors, successors and assigns of and from any and every claim or demand of every kind or
character, which may be asserted by reason of said injmies or the effects or consequences thereof

whether by tort of contract or by third parties claiming by or through the decedent or the 'f£state".
10. his understood and agreed that, pursuant to the provisions of Tennessee Rules of
Civil Evidence and Federal Rules of Civil Evidence, this Final Release and Settlement
Agreement shall not be admitted into evidence against the Plaintiff or Defendants for any

purpose. Plaintiff or Defendants may use this Release and Satisfaction of Judgment in evidence
in defense of any suit or claim brought or asserted against Plaintiff or Defenda:D.ts to show accord
and satisfaction ofthe dispute.

·~-··--·------·---·-·- - - - - - _ _ ~----· _ _

- - - - -... ··------ ______ CCA SA _OJ.!!L. ._

IN WITNESS WHEREOF, this the

d } day of tf) blo bt(VL.J ,2004.

~K~~
v s.
'
Administrator - Estate of Delbert Steed

ACKNOWLEDGMENT

STATEOFlitr~
COUNTYOF

:

filadfi!A1:
PERSONALLY appeared before me a Notary Public, in and for the cmmty and state

above mentioned, the within named Judy S. Ranne, who were/was personally known to me, and
who upon oath stated that they had read the foregoing Final Release and Settlement Agreement and

were/was executing it as her free and voluntary act and deed and then did in my presence proceed to
execute the foregoing Final Release and Settlement Agreement.
WITNESS my hand and Notarial Seal at office in swd county and state on this the

clIsfday of

OiftA.e1

, 2004 .

l/&{//}W{MO~
Notary Public

c)_Q--05

My Commission Expires/ (,....

_____.. __ --- _...,____
__ -· -- - ...-.. -· ----------· -------

CCA SA 0102

IN WITNESS WHEREOF, this the z_ (

day of ()

CJ

,2004.

RICHARD STEED
Administrator - Estate of Delbert Steed

ACKNOWLEDGiviENT

STATE OF 7iM£M1J< :
COUNTY OF

MtJ.dtJIJYl

:

PERSONALLY appeared before me a Notary Public, in and for the county and state
above mentioned, the within named Richard Steed, who were/was personally known to me, and
who upon oath stated that they had read the foregoing Final Release and Settlement Agreement and
were/was executing it as his free and voluntary act and deed and then did in my presence proceed to
execute the foregoing Final Release and Settlement Agreement.

d-

-·· · WIJ'NESS my hand and Notarial Seal at office in said county and state on this thed(/
day

of_()ri~·"'-'trflM~_·_ _,2004.

My Commission Expires: / (

"~0 -05

-·--

·-.---- ·

~--·-

-...._,_,_

0103 _
--CCA
___SA. _____

CERTIFICATION
I, Steve Maroney, Attorney for The Estate of Delbert Steed by and through its
Administrators, Judy S. Ranne and Richard Herron Steed, and a member of the Tennessee Bar, have
read the foregoing Final Release and Settlement Agreement and have approved same on behalf of
my client and I hereby certify that I have counseled with them on all issues pertaining to the
settlement of the claims and matters mentioned therein and all matters pertaining to the execution of
this Final Release and Settlement Agreement and have explained the legal effects and legal
ramifications thereof to and I do hereby certify that I secured their voluntary execution of this Final
Release and Settlement ,:Agreement as evidenced by the signatures hereinabove appearing.
$+

This the 2/ -day of

l
Oc.. .'hf~

, 2004.

TEEL, MCCORMAK & MARONEY, PLC

BY:

z, () t-?s:

STEVE MARONEY, #015545

JEROMETEEL
Attorneys for Plaintiff
87 Murray Guard Drive
Jackson, Tennessee 383(}5

- ·-----·-----.....

-------- -

..

___ ---·-- --------

095..001..00
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESS.E E
EASTERN DIVISION
EDWARD TUCKER,

)
)
)
)
)
)
)
)

Plaintiff,

vs.
GOODMAN, et al.,

Defendants.

No.: 03-1091-TN
Judge Todd/Judge Vescovo

)

COMPROMISE SETTLEMENT AGREEMENT AND RELEASE

THIS AGREEMENT is made by and among Edward Lee Tucker (hereinafter
referred to as "Plaintiff') and Sharon Goodman (hereinafter referred to as "Defendant").
WHEREAS, the Plaintiff filed an action in the United States District Court for the
Western District of Tennessee, Eastern Division against the Defendant Sharon
Goodman designated as Civil Action No. 1:03-1091 and Defendant has denied all
liability therein in the

r.asa; and

WHEREAS, the parties hereto have entered into an agreement for the settlement
of the above action in an effort to avoid costly, unnecessary litigation and to fully and
forever compromise and resolve all outstanding issues of law and fact in regard to all
claims made and that might have been made in the above-captioned suit.
NOW THEREFORE, it is hereby agreed by and among the parties as follows:
1. Corrections Corporation of America, on behalf of Sharon Goodman agrees to

------·- ----·- --·- -··---

~-----

..··---------· ·-·-------..·-----

~----

·- C~A -~~ 01_0_5 _,__

pay to the Plaintiff, Edward Lee Tucker, the sum of Seven Hundred Fifty Dollars
($750.00) in full and final settlement of the above cause of ·action and the Plaintiff,
Edward Lee Tucker, is to pay all costs associated with the bringing of this action. It is
further agreed that counsel for Defendants will not seek payment of Five Hundred
Dollars ($500.00) as allowed by the Court in its Order Granting Defendant's Motion to
Compel.
2. In consideration of the above and foregoing payment and mutual promises,
the Plaintiff, Edward Lee Tucker, does hereby release, acquit and forever discharge
Defendant Sharon Goodman and Corrections Corporation of America, and all past,
present and future officers, directors, stockholders, agents, representatives, employees,
insurers, attorneys, assigns- or successors in interest of and from any and all claims,
demands, causes of actions and suits at law or in equity of any kind or type or nature
whatsoever, whether such injury or damage is now known or unknown, past, present or
future, arising out of or based upon any personal injuries or damages of any kind
actually or allegedly suffered by Plaintiff as a result, directly or indirectly, in whole or in
part, which Plaintiff ever had or which he may now have or may at any time hereafter
assert against the Defendants (1) concerning any acts or omissions of Defendants, or
(2) arising out of the incident(s) having been made the basis of litigation filed under Civil
Action No.1:03- 1091 , in the United States District Court for the Western District of
Tennessee, Eastern Division, under the style of Edward Lee Tucker v. Sharon

Goodman, et. a/., including all claims asserted by Plaintiff in the referenced litigation and
as are more fully described in the pleadings filed in that cause. Plaintiff does further
2

----- ___ - · - _ ------·-- ... ····- _ ~-----------~ -------·-·-·-·- -·--·---·------··-- ..~~A Sf.L~)06 ~-

release, acquit and forever discharge the Defendants from any and all claims, demands,
actions, causes of action and suits of law or in equity and all claims of any nature
whatsoever arising out of or resulting from the aforesaid litigation.
3. It is understood and agreed that this Compromise Settlement Agreement and
Release shall be binding upon and inure to the benefit of the parties and their respective
heirs, representatives, successors and assigns.
4. It is understood and agreed that the payment of the hereinabove described
consideration by the Defendants, are not to be construed as an admission of liability on
the part of the Defendants.

Any payment made hereunder is in compromise and

settlement of the Plaintiffs claims which are not admitted. This Release is being given
by the Plaintiff voluntarily, and is not based upon any representations of any kind made
by any Defendant, or their representatives as to the merits, legal liability or value of
Plaintiffs claims, or any other matter relating to those claims. In making this settlement,
Plaintiff relies wholly upon their own judgment, belief and knowledge of their rights.
5. It is understood and agreed that neither the Plaintiff nor the Defendants will
disclose the terms of this Release, whether or not any money was paid or received
hereunder, and the amount of such money; nor shall the Plaintiff or the Defendants
make any further statement or comment whatsoever, oral or written, with regard to the
terms, amount of settlement, or matters settled pursuant to this Release, other than that
they have been resolved to the mutual satisfaction of all parties involved and to file the
required Order dismissing said case. It is expressly agreed to and understood that this
confidentiality provision shall not preclude the Plaintiff from discussing his claim, with

3

__ --··----· - · _ - ..-

·-------- - · - · · -

· - - - - - - _________ CCASA ._9107

the exception of the terms and amount of settlement, in connection with any habeas
corpus petition, reduction of sentence petition or other matters involving his criminal
proceeding.

It is further agreed that the parties may disclose the terms, amount of

settlement or other matters related to this settlement with persons who have a need to
know, such as tax attorneys or accountants, or pursuant to a lawful Order of any Court
of competent jurisdiction. Should either party disclose or attempt to disclose any matter
which the parties have hereinabove agreed to keep confidential, then the other party
shall have the right to seek injunctive relief, in addition to monetary damages.
6. The Plaintiff warrants that he has read this document carefully and signs the
same as his own free act. Plaintiff represents and warrants that he is over 18 years of
age and legally competent to execute this Release, and that before executing this
Release, he fully understands the same and executes it with the full knowledge of its
contents and meaning.
7. It is understood and agreed that, pursuant to the provisions of Federal Rules
of Evidence, Rule 408, this Compromise Settlement Agreement and Release shall not
be admitted into evidence against the Plaintiff or Defendants. Plaintiff or Defendants
may use this Compromise Settlement Agreement and Release in evidence in defense
of any suit or claim brought or asserted against Plaintiff or Defendants to show accord
and satisfaction of the dispute.

4

- --

-- - -

--,~--

- CCA SA 0108 ~ -

IN WITNESS WHEREOF, the parties have hereunto set their hands on the day
and date indicated below.

EdWard Lee Tucker

WITNESS

DATE:.________________

PENTECOST, GLENN & RUDD, PLLC

By: _ _ _ _ _ _ _ _ __ _ __
JAMES I. PENTECOST 011640
BRANDON 0. GmSON 021485

DATE:_ _ __ _ __ __

Attorneys for Defendant,

Sharon Goodman
Jackson, Tennessee 38305
(731) 668-5995

s

--·---- - - - - - - - - - -----·- -----------·---- - - - - - - - - - - - - - - · · - --CCA.SA - 0109-- -

CON~ENTIALSETTLEMENTAGREEMENTAND

RELEASE OF ALL CLAIMS
The following is a Confidential Settlement Agreement and Release of All Claims
(hereinafter "Agreement") by and between Johnny A. Walsh (hereinafter "Plaintiff') and CCA
of Tennessee, Inc. and Corrections Corporation of America (hereinafter referred to with their
current or former officers, directors, agents, employees, stockholders, divisions, attorneys,
successors, affiliates, subsidiaries, surviving company or companies by reason of any merger or
acquisition, heirs, executors, administrators, spouses, and assigns as "Defendant") regarding any
and all past and present claims and their future effects that have arisen or could arise out of
Plaintiffs incarceration at the Silverdale Detention Center and the :treatment that he received
from Defendant during that period of incarceration.

WITNESSETH:
WHEREAS, Plaintiff filed a civil action against Defendant, which civil action is
currently pending in the Circuit Court of Hamilton County, Tennessee, bearing docket number
04C-537, and styled Johnny A. Walsh v. Silverdale Workhouse d/b/a Corrections Corporation of
America (the "Civil Action''); and

WHEREAS, Plaintiff and Defendant now desire to resolve by compromise and
settlement all claims sought to be enforced by Plaintiff against Defendant in the Civil Action, all
claims which were or might have been made against Defendant in the Civil Action, as well as all
claims in any manner arising from ·or connected with Plaintiff's incarceration at the Silverdale
Detention Center and the treatment that he received from Defendant during that period of
incarceration.
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the sufficiency of which is hereby acknowledged, Plaintiff and Defendant do hereby
agree as follows:

...,..,--_ .,_
-=
.., iiiiiiiiiiiiii

.., iiiii:iiiiiii

Settlement Amount. In consideration for this Agreement, Defendant
1.
agrees to pay the total amount of Twelve Theusand and No/100 ($12,000.00) Dollars by check
made payable to Johnny A. Walsh and John M. Wolfe, Jr., which amount represents
compensatory damages for personal injury claimed by Plaintiff as well as attorney fees. It is
agreed that this check encompasses the total monetary consideration to be paid by Defendant to
Plaintiff for this settlement, and is paid in full, fmal and complete settlement of all claims that
were or could have been asserted by Plaintiff in the aforementioned Civil Action or in any other
litigation. The parties agree that this amount does not represent lost wages, and that no·payroll
taxes will be withheld from this payment. Plaintiff agrees to accept all responsibility for paying
the appropriate taxes, penalties and interest thai may be assessed as a result of the payment of
this amount to him by Defendant.

0-

c-riiiii:iiiiiii

2.
Confidentiality. Plaintiff agrees to keep completely confidential the
amount and terms of this Agreement and the circumstances giving rise to this Agreement, and
will not disclose, directly or indirectly, any such information to any person or entity with the

2484226_l.DOC

CCA SA 0110

exception that he may disclose information regarding this Agreement to his attorneys and to a
professional tax advisor or tax return prcparer for the limited purpose of obtaining advice
regarding or preparing such tax return or returns as may be necessary. In the event that Plaintiff
makes such limited disclosure to such persons as are authorized by this Agreement, he shall
affirmatively instruct such persons to abide strictly by the conditions of confidentiality imposed
hereunder. In the event that Plaintiff is asked about his claims against Defendant by some person
or entity other than those specified in this paragraph, Plaintiff is authorized to divulge only that
such claims have been resolved. Plaintiff further recognizes and acknowledges that strict
confidentiality is of the essence of this Agreement, and that Defendant would suffer immediate
and irreparable harm in the event of any breach of that confidentiality. In the event of a breach
of this confidentiality provision, this Settlement Agreement shall not be void; however,
Defendant may bring an action in a Court of appropriate jurisdiction to enforce the
confidentiality provisions and to recover appropriate damages, attorney fees and costs.
3.
General Release. Plaint:ift for and on behalf of himself, individually, and
his heirs, executors, trustees, administrators, representatives and assigns, hereby fully, finally,
completc::ly, and forever RELEASES Defendant (including, without limitation, Corrections
Corporation of America, CCA of Tennessee, Inc. and the agents, directors, officers, employees
and representatives of these entities) and further RELEASES Hamilton County, Tennessee and
its agents, administrators, employees and representatives, from any and all claims and causes of
action under any federal, state or local statute, ordinance, or under the common law, which he
has or might have against Defendant, including, without limitation, any claim based on express
or implied contract; any claims of promissory estoppel; any action arising in tort, including, but
in no way limited to, medical malpractice, libel, slander, defamation, intentional infliction of
emotional distress, outrageous conduct or negligence; any claim for wrongful discharge, any
constitutional claims, including any claim pursuant to 42 U.S.C. Section 1983, or any claim
under all laws relating to the violation of public policy, retaliation or compensation; any claims
arising under disability discrimination, including the Americans with Disabilities Act; any
whistle-blower claims; or any claims under other applicable federal, state or local law,
regulation, ordinance or order, at common law or otherwise arising out of Plaintiff's
incarceration at the Silverdale Detention Center and treatment that he received while incarcerated
there, which Plaintiff now has, owns or holds, or claims to have, own or hold, or which he at any
time heretofore had, owned or held, or claimed to have, own or hold against Defendant Plaintiff
further releases Defendant from all claims which were alleged or which could have been alleged
by Plaintiff against Defendant for any and all injuries, harm, damages, lost wages, medical
expepses, penalties, costs, losses, expenses, attorney fees, and/or liability or other detriment, if
any, whatsoever and whenever incurred, suffered or claimed by Plaintiff as a result of any and all
alleged acts, omissions, or events arising from or in any way cormected with any
communications, negotiations, dealings, treatment and compensation between Plaintiff and
Defendant that have or may have occurred from the beginning of time to the effective date of this
Agreement.
4.
Final Order. The parties agree that, commensurate with the execution of
this Agreement, Plaintiff, through his attorneys of record in the Civil Action, shall cause to be
entered an Order in the Circuit Court of Hamilton County, Tennessee, reciting the fact that all

2075891

Page2 of5

. CCA SA 0111

claims asserted by him in the Civil Action have been resolved, dismissing such claims on the
merits and with prejudice.
5.
Disclaimer of Liability.
Plaintiff acknowledges that Defendant's
payment of the sum described in paragraph 1 does not constitute and shall not be construed as an
admission of any acts of discrimination, retaliation, misconduct, or negligence whatsoever
against Plaintiff or any other person, and Defendant specifically disclaims any liability to,
discrimination, 11etaliation, misconduct, or negligence against Plaintiff or any other person, on the
part of themselves, their employees, or their agents, and the above-described payment is made in
order to compromise and settle an unliquidated obligation which has been disputed by
Defendant. Defendant expressly denies the claims made or which could have been made by
Plaintiff.
6.
Tax Consequences of Settlement Payment. The settlement amount
referenced in paragraph 1 represents attorney fees and compensatory damages for personal
injury. This payment does not represent lost wages. Consequently, Defendant is under no
obligation to withhold taxes oTl this payment. In the event any taxes, penalties or liabilities of
any kind are owed, assessed or incurred by Defendant on thi~ payment, Plaintiff hereby agrees
that such taxes, penalties, or liabilities will be his sole responsibility and he will fully and
completely indemnify and hold harmless Defendant for such taxes, penalties or liabilities, and
that Defendant will not be liable for the payment of any taxes, penalties, or liabilities on his
behalf. Defendant will issue appropriate 1099 forms to Plaintiff and his attorney. Nothing
herein shall be construed or relied upon as advice or opinion by or on behalf of Defendant
regarding the tax treatment of the settlement payment, and Plaintiff hereby expressly
acknowledges that he will rely solely on his own accountant, attorney or advisor for snch advice
or opinion.
7.
Complete Defense and Indemnification. Plaintiff acknowledges and
agrees that this Agreement may be used by Defendant as a complete defense to any past, present,
or future claim or entitlement which Plaintiff bas against Defendant for or on account of any
matter or-thing whatsoever arising out of his relationship with Defendant and which has been set
forth herein. Plaintiff also understands and agrees to indemnify Defendant for any costs,
damages, and attorney fees which it may incur in defending or prosecuting claims arising out of
or caused by Pla.i.ntiffs breach of this Agreement: Defendant understands and agrees to
indemnify Plaintiff for any costs, damages, and/or attorney fees which he may inour in defending
or prosecuting any claims arising out of or caused by Defendant's breach of this Agreement.
8.

Full Knowledge and Volition.

Plaintiff represents and acknowledges

that, in executing this Agreement, he does not rely and has not relied upon any other
representation or statement made by Defendant or by any of Defendant's agents, representatives,
or attorneys with regard to the subject matter, basis, or fact of this Agreement (other than the
payment of the settlement amounts stated in paragraph 1 herein). Plaintiff further represents and
acknowledges that he has thoroughly discussed all aspects of this Agreement with his attorneys,
that he has carefully read and understands all ofthe provisions of this Agreement, and that he is
voluntarily entering into this Agreement Plaintiff acknowledges and confirms that the only
consideration for his signing this Agreement are the terms and conditions stated in this
2075891

Page 3 of5

CCA SA 0112

Agreement, that no other promise or agreement of any kind, except those set forth in this
Agreement, has been made to him by any person to cause him to sign this document.

9.

No Assignment. Plaintiff represents and warrants that he is the sole

owner of and has not sold, pledged, assigned, granted or otherwise transferred part or all of any
claims that have or could have been pursued by Plaintiff against Defendant.

10.
Governing Law. This Agreement is made and delivered in the State of
Tennessee, and shall in all respects be interpreted, enforced, and governed under the laws of said
state.
11.
Severability of Provisions. The parties agree that, should any part, tenn
or provision of this Agreement be declared or determined by any agency or court of competent
jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to
be a part of this Agreement,
12.
Complete Agreement. This Agreement contains the entire agreement
between Plaintiff and Defendant, and there is no agreement on the part of either party to do any
act or thing other than as expressly stated in this Agreement 'Ibis Agreement supersedes any
other agreement, either oral or in writing, between the parties. There will also be no
modifications or amendments to this Agreement unless they are in writing, signed by all parties.
WHEREFORE, the undersigned have caused this Confidential Settlement
Agreement and Release to be executed on the dates indicated below.

V

By:
ohnny .
Date:

/tJ

<-

alsh

! 7_, CJ s--

2075891

Page4of5

CCA SA 0113

CCA ofTennessee, Inc. and Corrections
Corporation of America

(J l

c:;

_

Title:

'Z1te 7::U.Hrl&"'lij .

Date:

L

.x:Jtl:t: :a z'r.tl/tJ ,~ :/, /;

By:

/l

1

u.uv( fa t:ll.k·.,
•

?

)

(/

t../ ·0 S

Sworn to and subscribed before
me this~ day of "14,-J
, 2005 .

.;31-J ~Jl.An• Jd=
Notary Public
My Commission Expires:

1A.\1.tc.l fPG"

- ..

2484226_1.DOC

CCA SA 0114

RELEASE
In consideration for the payment by Corrections Corporation of America to Marcie Thomas
Warrick ("Plaintiff'') of the amount of twenty thousand DoJlars ($20,000.00) after the execution of this
Release, Plaintiff hereby releases and forever discharges Ramsey Walker, M.D., Unknown Person #1,
Unknown Person #2, Corrections Corporation of America and their employees, agents, officers, directors,
successors, and assigns (collectively "Defendants' ') from any and all claims, demands, and causes of
action of any kind, known and unknown. that she now has or may have against Defcndan1E, including but
not limited to any and all claims concerning any conditions as an inmate, any and all claims for attorneys'
fees and costs, and any and all claims asserted in the civil action entitled Marcie Thomas Warrick v.
Ramsey Walker, MD .. Unknown Person #1, and Unknown Person #2, United States District 'for the
Middle District of Tennessee, Case No. 3:04·0221 (the "Litigation''). This Release expresses a full and
complete release of any liability claimed and denied, regardless of the adequacy of the above
consideration. Plaintiff further agrees to a dismissal of the Litigation with prejudice.
Plaintiff agrees that the terms of this Release and the settlement amount paid to Plaintiff shall
remain confidential and sba1l not be disclosed to anyone not a party to the Litigation. Plaintiff understands
that Defendants do not admit any liability and specifically deny that they-are in any way liable for any sum
and specifically deny that they are guilty of any tort, breach of contract, negligent act or omission.
Plaintiff further agrees and stipulates that the constructioz4 interpretation, and enforcement of this
Release shall be governed by Tennessee law and that any cause of action regarding the validity,
construction, or interpretation of this Release shall be brought only in the Chancery Court for Davidson
County, Tennessee.
Plaintifr: by signing below, certifies and acknowledges that she has read, fully understands, and
agrees to the terms of this Release, has consulted with her lawyer with respect to her execution of this
Release, and understands that upon signing this Release all claims against Defendants will be forever
released, barred, discharged. and temrinated. Plaintiff has executed this Release as a knowing and
voluntary act which is contractual in nature and this Release is the entire agreement betwe..-n Plaintiff and
Defendants.

Date:

'0\ t'""!:. 1\ C)U?

CERTIFICATION
I, Edward J. Gross, Attorney for Pl.allrti.ffMarcie Thomas Warrick (''Plaintiff'), and a member of the
Tennessee Bar, have read the foregoing Release and have approved same on behalf of Plaintiff I hereby
certify that I have counseled with Plaintiff on all issues pertaining to the settlement of the claims and matters
mentioned therein and all matters pertaining to the execution of this Release and have explained the legal
effects and legal ramifications thereof to Plaintiff I do hereby certify that I s ured her voluntary execution
of this Release as evidenced by her signature hereinabove appearin&

This th~ay ofMarch, 2006.

--~___J.~,_...,:::::;===-<)

4ST.Z8

..,._.. _ -- - __ ..

_

--·~

-

---

--·~

--·----·.. ·-·- -·- - _____

___

...

..,._

CCA SA 0115
-----

COMPROMISE SETTLEMENT AGREEMENT AND RELEASE
THIS AGREEMENT is made by and among Brandon D. Jones and Felicia Ivory) individually,
and as natural parent and legal guardian of Brandon D. Jones (hereinafter referred to as "Plaintiffs") and
Shelby TJ;aining Center and CCA, and all past, present and future officers, directors, stockholders, agents,
representatives, employees, insurers, attorneys, assigns or successors in interest (hereinafter referred to as
"Defendants,.).
WHEREAS, the Plaintiffs allege that Brandon D. Jones was assaulted by an employee of Shelby
Training Center and Defendants denied any liability and specifically deny the allegations of the plaintiffs
as to any period of incarceration of the plaintiff, Brandon D. Jones, and would affirmatively state that all
constitutional rights of the plaintiffs were observed and ensured by the Defendants; and
WHEREAS, the parties hereto have entered into an agreement for the settlement of the above
action in an effort to avoid costly, unnecessary litigation and to fully and forever compromise and resolve
all outstanding issues of law and fact in regard to all claims made and that might have been made by the
plaintiffs.
NOW THEREFORE, it is hereby agreed by and among the parties as follows:
1. Corrections Corporation of America, on behalf of the Defendants agrees to pay to the Plaintiffs,
Brandon D. Jones and Felicia Ivory, the sum of Four Thousand Dollars ($4,000.00) in full and final
settlement of any cause of action of the Plaintiffs at any time as to the Defendants.
2. In consideration of the above and foregoing payment and mutual promises, the Plaintiffs,
Brandon D. Jones and Felicia Ivory, does hereby release, acquit and forever discharge Shelby Training
Center and Corrections Corporation of America, and all past, present and future officers, directors,
stockholders, agents, representatives, employees, insurers, attorneys, assigns or successors in interest of

------- -- - - - - - ------·

CCA. SA 0116- -

and from any and all claims, demands, causes of actions and suits at law or in equity of any kind or type
or nature whatsoever, whether such injury or damage is now known or unknown, past, present or futtrre,
arising out of or based upon any personal injuries or damages of any kind actually or allegedly suffered by
Plaintiffs as a result, directly or indirectly, in whole or in part, which Plaintiffs ever had or which they
may now have or may at any time hereafter assert against the Defendants. Plaintiffs do further release,
acquit and forever discharge the Defendants from any and all claims, demands, actions, causes of action
and suits of law or in equity and all claims of any nature whatsoever arising out of or resulting from the

incarceration of the Plaintiff, Brandon Jones, by the Defendants.
3. It is understood and agreed that this Compromise Settlement Agreement and Release shall be
binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors
and assigns.
4. It is understood and agreed that the payment of the hereinabove descn'bed consideration by the
Defendants, are not to be construed as an admission of liability on the part of the Defendants. Any
payment made hereunder is in compromise and settlement of the Plaintiff's claims which are not
admitted.

This Release is being given by the Plaintiffs voluntarily, and is not based upon any

representations of any kind made by any Defendant, or their representatives as to the merits, legal liability
or value of Plaintiffs claims, or any other matter relating to those claims. In making this settlement,
Plaintiffs rely wholly upon their own judgment, belief and knowledge of their rights.
5. It is understood and agreed that neither the Plaintiffs nor the Defendants will disclose the terms
of this Release, whether or not any money was paid or received hereunder, and the amount of such
money; nor shall the Plaintiffs or the Defendants make any further statement or comment whatsoever, oral
or written, wjth regard to the terms, amount of settlement, or matters settled pursuant to this Release,
other than that they have been resolved to the mutual satisfaction of all parties involved. It is agreed that
2

-------- ---------- ---

---------~
C_CA SA

Olll._

the parties may disclose the terms, amount of settlement or other matters related to this settlement with
persons who have a need to know, such as tax attorneys or accountants, or pursuant to a lawful Order of
any Court of competent-jurisdiction. Further, it is the Plaintiffs' duty and responsibility to advise any
attorneys, tax advisors and/or financial advisors that this Settlement and Release is confidential in nature.
-Should the Plaintiffs disclose or attempt to disclose any matter which the parties have hereinabove agreed
to keep confidential, then the Defendant shall have the right to seek injunctive relief, in addition to
monetary damages, attorney fees and any expenses.
6. The Plaintiffs warrant that they have read ti:tis document carefully and sign the same as their
own free act Plaintiffs represent and warrant that they are over 18 years of age and legally competent to
execute this Release, and that before executing this Release, they fully understand the same and execute it
with the full knowledge ofits contents and meaning.
7. It is understood and agreed that, pursuant to the provisions ofFed.eral Rules of Evidence, Rule
408, this Compromise Settlement Agreement-and Release shall not be admitted into

evidenc~

against the

Plaintiffs or Defendants. Plaintiffs or Defendants may use this Compromise Settlement Agreement and
Release in evidence in defense of any suit or claim brought or asserted against Plaintiffs or Defendants to
show accord and satisfaction of the dispute.
8. The Plamtiffs warrants that they have or wiJJ ·satisfy any and all claims of...third pqrtit"s including
but not limited to claims for subrogation or unpaid medical bills or otherwise by settlement, payment or other
forms of satisfaction and that the Plaintiffs will indemnify and save harmless said Defendants of and from
any and every claim or demand of every kind or character, which may be asserted by reason of said injuries
or the effects or consequences thereof whether by tort or contract or by third parties claiming by or 1hrough
the Plaintiffs.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and date
3

------------~CGA~A~----

indicated below.

ACKNOWLEDGMENT

l~W-e,

STATEOF

COUNTY OF

<)fk'~
PERSONALLY appeared before me a Notary Public, in and for the county and state above

mentioned, the within named Brandon D. Jones who were/was personally known to me, and who upon his

oath stated that be had read the foregoing Final Release and Settlement Agreement and were/was executing it
as his free and voluntary act and deed and then did in my presence proceed to execute the foregoing Final
Release and Settlement Agreement.

WITNESS my band and Notaries Seal at office in said county and state on this the
day o f 2 2006.

./ /

i .

I
\

17

'

~

VS?{,(.,-z: .
c

.

Notary Public

!l-'' \"'"""''1' "
~~~R--~Y!.g;f!t:~'"""4-.

~ .::..!V•••ST•ATE···~~~

E- .§"!J::lo'_

• -9 ;:;

~ ,~ CJ!!~ OF
\ %.
§ i rcNNESSEE : §
~ ~. NOTARY ! ~
~ ••• PUBLIC ••• §

My Commission Expires:

.

~~···
.· "h'::2.
~ ....,_. &e;
............
~

~-'l ru- t

/~.

Felicia Ivory, lndividuall · o as Natural and Legal Guardian of
Brandon D. Jones

DATE:_J-+j_?___,~.~
f _O-=--~-4

--------

ACKNO\¥LE.DG'MENT
STATEOF

T~w~

COUNTY OF

5t~7
PBRSONALLY appeared before me a Notary Public, in and for the county and state above

mentioned, the within named Felicia Ivory who were/was personally known to me, and who upon his oath
stated that he had read the foregoing Final Release and Settlement Agreement and were/was executing it as
his free and voluntary act and deed and then did in my presence proceed to execute the foregoing Final

Release and Settlement Agreement
WITNESS my hand and Notaries Seal at office in said county and state on this the

5

·- - - -- - - -- - ·

-

---'CCA SA-OJ-20 -

CERTIFICATION
I, Andrew Bender, Attorney for Brandon D. Jones and Felicia Ivory, and a member of the

Tennessee Bar, have read the foregoing Final Release and Settlement Agreement and have approved same on
behalf of my clients, Brandon D. Jones and Felicia Ivory, and I hereby certify that I have counseled with the
said Brandon D. Jones and Felicia Jvory, on all issues pertaining to the settlement of the claims and matters

mentioned therein and all matters pertaining to the execution of this Final Release and Settlement Agreement
and have explained the legal effects and legal ramifications thereof to Brandon D. Jones and Felicia Ivory
and Tdo hereby certify that I secured his voluntary execution of this Final Release and Settlement Agreement
as evidenced by his signature hereinabove appearing.

~

1-f.A.t~

This the ~day of~ 2006.

/~;

()

BY: __~(--~~~~~~~
-=-~--~--v;t~~------­

lNfJiEw BENDER

Attorney for Plaintiff
382 Washington Avenue
Memphis, Tennessee 38105

6

· - - --(;GA-SA- 4)12,.,. .1- -·