SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is hereby made with the effective date of
February_ 2012. by and between Prison Legal News (""PLN'") and Corizon Health, Inc ..
formerly known as Prison Health Services. Inc. (.. PHS .. ). PLN and PHS may be referred to
herein together as the ·•parties:·

RECITALS
WHEREAS. PLN and PHS are parties to a certain civil action captioned Prison Legal
.News v. Prison Health Services, Inc .. Vermont Superior Court, Civil Division, Washington Unit.

Civil Action No. 622-8-10 Wncv (the .. Civil Action"'); and,
WHEREAS, PLN and PHS desire to enter into this Agreement evidencing their mutual
consent to the resolution of the Civil Action referred to in the preceding paragraph; and
WHEREFORE. in consideration of the mutual covenants and promises as set forth
herein. the parties hereby agree as follows:
I.

Dismissal of Civil Action: The parties shall take all steps reasonably necessary

to achieve a dismissal of the Civil Action through execution and filing in the Civil Action of a
.. Stipulation of Dismissal with Prejudice." PLN understands that the obligations of PHS under
this Agreement are contingent upon the dismissal of the Civil Action with prejudice.
2.

Covenants of PHS: In consideration for the dismissal of the above-referenced

Civil Action with prejudice. Pl-IS agrees to produce unredacted copies of the general releases it
secured to settle claims or potential claims arising out of PHS •s provision of medical care to
inmates in the custody of the Vermont Department of Corrections in the following cases:
• Goodnow v. Ho/Jinan. et al.. Docket No. I :06-cv-124 (D. Vt.)
• Nicols ''· State. Docket No. 546-10-6 Rdcv (Vt. Superior Ct., Rutland)
• Estate <?/Ashley Ellis, potential claim

• Barrett v. Prison Health Sen•ices. Inc., Docket No. 5:08-cv-203 (D. Vt.)
• Sulejmani ''· Prison Health Services, Inc.. Docket No. S 1237-09 Cnc (Vt.
Superior Court. Chittenden)

• Truszkowski v. Ho.finann, Docket No. 5: l 1-cv-6 (D. Vt.)
PHS represents that these are the only claims arising out of its provision of medical care to
inmates in the custody of the Vermont Department of Corrections that were resolved by
settlement; all other claims were concluded by final adjudication on the merits in favor of PHS.
PHS agrees further to pay Five Thousand Three Hundred and Fifty Dollars ($5.350.00) to the
American Civil Liberties Union Foundation of Vermont.
3.

Covenants of PLN: PLN hereby releases any and all claims that were or could

have been made in the above-referenced Civil Action, and agrees to take no further action nor
seek any other relief with respect to those claims.
4.

No Admission of Liability: PHS. by execution of this instrument. production of

the documents, and payment of the funds referred to herein, admits no liability or wrongdoing of
any nature whatsoever with respect to the matters which were raised or could have been raised in
the above-referenced Civil Action; and PLN. by execution of this instrument, acknowledges that
there is no admission of liability on behalf of PHS. The parties stipulate and agree that this
instrument and all matters contemplated herein are executed and performed in connection with
the settlement of disputed claims.
5.

Applicable Law: This Agreement shall be interpreted and construed under the

laws of the State of Vermont. without regard to conflict of laws provisions. The parties hereby
irrevocably submit to and acknowledge and recognize the jurisdiction of the courts of the State
of Vermont, or if appropriate, a federal court located in Vermont (which courts, for purposes of
this Agreement. are the only courts of competent jurisdiction), over any suit, action or other

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proceeding arising out of, under or in connection with this Agreement or the subject matter
hereof.
6.

Entire Agreement: This Agreement contains and constitutes the entire

understanding and agreement between the parties hereto with respect to the settlement of any
claims against PHS, and cancels any and all previous oral and written negotiations, agreements,
commitments, and writings in connection therewith.

[SIGNATURE PAGES FOLLOW)

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,, Sr

I N WITNESS WHERE.OF. I have hereunto set my hand and sea l the

February. 2012.
PRI SON LEGAL

..ll_ day of

iws

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By: Its Duly

horizcd /\gent

STATE OF VERMONT
"l,AJ /;J'j)/~
COUNTY. ss.

V\ ): lay of February. 20 12. before me personall y appeared ]7f\;V L,,,

On thi s

_ _..l'l"--'
Y(Ll
'--_..Cr....l_..
. \-_1___. Duly Authorized Agent of Prison Legal News, known to me (or
satisfactorily proven) to be the person whose name subscribed to the within instrument and
acknowledged that s/hc executed the same for the purpose therein contained.

i/!{lh

I N WITNESS THEREOF, I hereunto set my hand and orfic ial sea l.

llefore

lotary

lie

My commission expires:

Lance T. Weber

Notari Public
State of Ve.rmont .
My CommlssloJl ExPlres: ~eb. -10,.2015

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., - -.----~

····· ....

IN WITNESS WHEREOF, I have hereunto set my hand and seal the _ _ day of
February, 2012.
CORIZON HEALTH, INC.
Formerly known as
Prison Health Services, Inc.

By: Its Duly Authorized Agent

STA TE OF TENNESSEE,
- - - - - - - COUNTY, ss.
On this_ day of February, 2012, before me personally appeared _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ ,Duly Authorized Agent ofCorizon Health, Inc., known to me (or
satisfactorily proven) to be the person whose name subscribed to the within instrument and
acknowledged thats/he executed the same for the purpose therein contained.

IN WITNESS THEREOF, I hereunto set my hand and official seal.
Before me:

Notary Public
My commission expires: _ _ __

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