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Federal Prison Handbook

PLN v. Lee, et al., NY,Settlement, censorship, 2012

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UNITED STA TES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PRISON LEGAL NEWS,

STIPULATION OF
Plainlijf. SETTLEMENT AND ORDER OF
DISMISSAL
-v-

11CV7118 (VLB)(LMS)
WILLIAM LEE, BRIAN FISCHER, NANNETTE
FERRI, JOHN DOES 1-30, and THE STATE OF
NEW YORK,

Defendants.

WHEREAS plaintiff. Prison Legal News. filed a complaint in this action (..complaint").
alleging that defendants had violated plaintiffs constitutional rights in connection with the alleged
censorship and/or refusal to distribute some ofits publications to inmates in the custody of the New
York State Division of Correctional Services and Community Supervision ("DOCCS"):
WHEREAS, defendants deny that the any of the defendants' actions violated plaintifrs
constitutional rights and the policies challenged by plaintiff in this action have been modified:
WHEREAS the remaining parties wish to resolve the issues alleged in the complaint in the
above-captioned action (the ..Action"), and have negotiated in good faith for that purpose:
WHEREAS none of the parties to the Action is an infant or incompetent person:
WHEREAS the parties to the Action wish to discontinue this litigation without the need for
trial and without admitting any wrongdoing on the part of defendants:
WHEREAS plaintiff represents and warrants that. other than this Action, it has no action or
proceeding pending in any court arising out of or relating to the subject matter of this lawsuit:

NOW, THEREFORE. IT IS HEREBY STIPULATED AND AGREED by and between the
undersigned parties and counsel as follows:
I.

The Action is dismissed and discontinued with prejudice.

2.

Defendants shall pay the total sum of$ 155,000.00 in full satisfaction of any

and all claims for relief in this Action, including attorneys fees, costs and disbursements. Payment
shall be made in two checks as follows:
a.

A check for One Hundred Fifteen Thousand Dollars ($115,000.00) shall be

drawn to the order of the plaintiff Prison Legal News; and sent to Prison Legal News. P.O. Box
2420, West Brattleboro, VT 05303.
b.

A check for Forty Thousand Dollars ($40,000.00) shall be drawn to the order

of plaintiffs attorney of record. Law Offices of Elmer Robert Keach. Ill, PC. and sent to Law
Offices of Elmer Robert Keach, Ill, PC. P.O. Box 70, Amsterdam, NY 12010.
3.

In consideration of the payment ofthe sums recited in paragraph #2 above. the

plaintiff. Prison Legal News, hereby releases and discharges each of the defendants and any and all
current or former employees or agents of New York State or the New York State Department of
Corrections and Community Supervision, in their individual and official capacities, and their heirs.
executors. administrators and assigns, and the State of New York and its agencies. including.
without limitation. the New York State Department of Corrections and Community Supervision,
from any and all claims. liabilities and causes ofaction which plaintiff or plaintiffs representatives.
heirs or assigns ever had, now has or hereafter shall or may have for, upon, or by reason of any
matter, cause or thing arising from or relating to the matters that were alleged or could have been
alleged in the Action. Nothing in this release is meant to preclude plaintiff from asserting claims in

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the future that could not have been asserted in this action because they only accrued after this
stipulation was So Ordered by the Court.
4.

Nothing in this Stipulation of Settlement shall be construed as an admission or

acknowledgment of liability whatsoever by any of the defendants, New York State, or the New
York State Department of Corrections and Community Supervision regarding any of the allegations
made by the plaintiff in his complaint. Nor shall anything in this Stipulation of Settlement be
construed in this or any future case as a voluntary submission to the jurisdiction of the federal court
by the State of New York.
5.

Payment of the amounts recited in paragraph #2 above is subject to the

approval of all appropriate New York State officials in accordance with the provisions for
indemnification under Section 17 of the New York Public Officers Law. Plaintiff agrees to execute
and deliver to counsel for defendants all necessary or appropriate vouchers and other documents
requested with respect to such payment.
6.

In the event payments of the amounts recited in paragraph #2 above are not

made within one hundred and twenty ( 120) days after the receipt by defendants' counsel ofa copy of
the fully executed So-ordered Stipulation of Settlement as entered by the Court, interest shall accrue
on the outstanding principal balance at the rate set forth in 28 U.S.C. § 1961 beginning on the one
hundred and twenty-first day after receipt by defendants' counsel ofa copy of the fully executed Soordered Stipulation of Settlement.
7.

This Stipulation of Settlement and any Order entered thereon shall have no

precedential value or effect whatsoever and shall not be admissible in any other action or proceeding
as evidence or for any other purpose, except in an action or proceeding to enforce this Stipulation of

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Settlement. However, this Stipulation of Settlement is not confidential, and it will be a public
document when it is filed with the Court.
8.

This Stipulation of Settlement and Order of Dismissal embodies the entire

agreement ofthe parties in this matter and no oral agreement entered into at any time nor any written
agreement entered into prior to the execution of this Stipulation and Order regarding the subject
matter of the instant proceedings, shall bind the parties hereto, or vary the terms and conditions
contained herein.

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Dated: New York. New York
November _ , 2012

ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
Attorney for Defendants

By: Daniel Schulze
Special Litigation Counsel
120 Broadway
New York, New York 10271-0332
Tel. No. 212-416-6557
Dated:
November

, New York
, 2012

ELMER ROBERT KEACH, lll
Attorney for Plaintiff

Elmer Robert Keach. Ill, Esquire
Law Offices of Elmer Robert Keach. lll. PC
I 040 Riverfront Center
P. 0. Box 70
Amsterdam. NY 12010
Telephone: 518.434.1718
Telecopier: 518.770.1558
Electronic Mail:
bobkeach@keachlawfirm.com
News

Paul Wright,
Human Rights
Publisher. Pris
P.O. Box 2420
West Brattleboro,
(802) 257-1342

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SO ORDERED:
Dated:

~~~~~~~--

2012

Hon. Vincent L. Briccetti
United States District Judge

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