SETTLEMENT AGREEMIENT & RELEASE Ol~' ALL ClAU\1S
Plaintiff Human Rights Defense Center c·I-IRDC') and Defendants Sherburne County
and Joel Brott hereby enter into this Settlement Agrecmen-~ (the ~-Agreement'·) to settk and
fully resolve a lawsuit entitled Human Rights De_/~"nse Center v. Sherburne Coumy, lvlinnesota:
Joel Broll, Sher{([. in his o.Olciai and individual :·apadties,· and Does l-10, in their individual
capacities. Case No. 20-cv-1817 (AD~,,-1/HB) (th,~ ·· Action"').
The undersigned Parties her~by stipulme and agree that, in consideration or the
promises and covenants set forth in this Agreement, this Action shall be fully and finally settled
upon the follm,ving terms and conditions:
1.

Background
1. 1.

On or about August 20, 2020~ I-I RDC brought this Action against Sherburne
County. Minnesota: Sheriff Joel Brott, in his official and individual capacities:
and Does 1-10 in their individual capacities ( collectively ~-Defendants··t

,,

1.2.

The Complaint alkges that Defendants' policies and practices violated the First
and Fourteenth Amendments to the United States Constitution pursuant to 42
Li .S.C. § 1983 and sought monetary and non-monetary relict:

1.3.

Defendants answered the Complaint and denied all liability.

Definitions
2.1.

··Plaintiff' or .;HRDC'~ rneans its assigns, employees, agents~ attorneys.
representatives, predecessors, legal representatives, officers, directors.
shareholders, affiliates and associated entities of every kind and nature.

2.2.

··Defendants·· means th,~ persons and entities named as defendants in the
Complaint~ com~isting of 8nd spccitically including: Sherburne County.
Minnesota~ and its c.ssigns. l!mployees, agents, attorneys, representatives.
affiliates, and associated entities of every kind and nature; Sheriff Joel Brott. in
his official and individual capacities: and Does 1-10~ in their individual
capacities.

2.3.

··Parties" means HRDC and Defendants.

2.4.

"'All Claims'· means any and all possible demands~ claims and/or causes of
action that, as of the date of this Agrecrnent, any of the Parties may have against
each other, regardless of vvhethcr th~ demands, claims and/or causes or action
are known or unknown. asse1icd or unasserted~ of \vhatevcr type, which may
hereafter accrue or otherwise be acquir\!d, which are founded in whole or in part
upon the transactions. occurrences and/or conduct bet'ween the Pai1ies.
including but not limited to the materials l--IRDC sent to the Sherburne County

Jail that were rejected and not delivered to inmatesidetainccs. The term -~Ail
Claims~' specifically includes. bul is not limited to, any such demands, claims.
and/or causes of action arising under stalute or common law. any common lmv
theory, any conspiracy theory. any fraLtd theory. any misinterpretation theory.
or any other legal or equitable theory of recovery. The tem1 "All Claims··
specifically includes, but is not limited 10, claims or causes of action under any
federal or state statute and inciude. but arc not limited to claims of injuries to its
business reputation: loss of revenue and/or potential subscribers~ frustration of
its ability to disseminate its political message; to recruit n~vv subscribers. and to
advance its mission~ and diversion of its resources, including staff time. under
42 U.S.C. § 1983 for violalions of the First and Fou1teenth Amendments to the
United States Constitution. The term ··All Claims~~ specifically includes all
claims and causes of action that arise as a result of materials HR.DC sent to the
Sherburne County Jail that ,vcre rejected and not delivered to inmates/detainees
before the effective elate of this Arrc~rncnt. "All Claims'~ includes any
monetary damages, non-monetary relic[ attorneys' fees, and litigation
expenses. For the avoidance of doubt and subject to the 20-day grace period
exception articulated in provision 7.2 of this Agreement, ··Al) Claims·' does not
include any new instances of non-delivery of mail by Defendants after the
Effective Date of this /q~rcement.
··Released Persons~~ m\!ans the Defendants Sherburne County, Minnesota:
Sheriff Joel Brott. in his official and individual capacities~ Docs 1-10, in their
individual capacities: the Minnesota Counties Intergovernmental Trust
("MCIT"); all respective agents and employees past and present and their past
present and future officers. directors. officials~ deputies, sheriffs~ police officers,
assigned officers. Board members. Jtlorneys. principals, elected officials.
representatives, insurers, administrators, executors, successors and assigns.

3.

2.6.

"Settlement Funds'· arc the monetary sum referenced in Paragraph 4.1

2.7.

·'Effective Date"' means the date on which this Agreement is fully executed by
the parties.

No A.dmission ofLiabiiity

3.1.

Each of the parties specifically acknowledges and agr~es that the purpose of this
Agreement is to avoid rrotracted litigation, save legal foes, and compromise
disputed claims in a manner and on such terms as wil) allow the Parties to move
fonvard for good public purpose.

3.2.

The Parties spcciticallv
. acknowledge and a 0 ree that by... enterin°.::, into this
Agreement: neither party is admitting liability to the other party or any third
party and that no terms or this Agreement or any consideration given has been
or shall be constructed hy Lhe other as an admission ofliabilily. violation oflavv,
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or any \Vrongdoing.
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4.

5.

Defendants· Payml;!nt Obligation
4.1.

As consideration for 1-IRDC entering into this A.grecm1;!11L this dismissal of all
claims against Defendants, and dismissing the Action with prejudice, the total
sum of Ninety-Eight Thousand and no/ 100 Dollars ($98,000.00} will be paid to
HR.DC and its attorneys on behalf of Sherburne County. The check will be made
payable as follows: Human Rights Ddense Center (hereinafter ··Settlement
Funds"). The amount set fotih in the preceding sentence shall be the exclusiv1;
monetary obligation or Ddendams in connection '.vith tht: Agreement. The
Settlement Funds satisfy HRDC's damages, attorneys· le~s. and litigation
expenses for the issues resolved by and to the date or execution of this
Agreement. The receipt and suniciency of this consideration is expressly
acknowledged and HRDC agrees it ,viiJ not seek further money, funds or other
renumeration from Defendants or Released Persons in cnnnection with this
Agreement~ whether fi:>r attorneys' fees, litigation expenses~ or anything else for
any claims or issues occurring before the settlt!ment date of the underlying
Ii tigati on.

4.2.

The Settlement Funds ,vill be paid within fourteen ( 14) days after the later of:
( 1) Defendants' receipt of a copy of thb fully executed Agre('ment from I-IR.DC.
as well as ]RS Form W-9 executed by HRDC; and (2) Defendants' counsel's
receipt of drafting instructions from HRDCs counsel.

4.3.

As consideration for Defendants entering into this Agreement, HRDC agrees to
dismiss, with prejudice~ all claims and causes of action it has brought against
Defendants in this Action.

Sherburne County Jail Policies

5.1.

As consideration for HRDC entering into this Agreement and within five days
of the Effective Date of this Agreement. Defendants agree to do the following:
5.1.1. Defendants will modi£Y and implement Policy 13.05 Inmate/Detainee

Mail attached hereto as Exhibit I (hereinatler ·"Policy l 3.os·~ ).

5.1.2. Defendants will moditY and implement Policy 13.06 Inmate RightsAccess to the Courts, Media. Law Books and Publications attached

hereto as Exhibit 2 (hereinafter ,;Policy 13.06"').

5.1.3. The parties agx(.!c thut ''kgal publication·· as used in Policy 13.06
includes HRDCs publications, Prison Legal Nnrs and Criminal legal
Nelvs, in their current form.

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5.2.

6.

Nothing in this Agreement prevents Sherburne County from routinely revieiving
and revising its policies, including Policy 13.05 and Policy 13.06, as it deems
necessary to address its legitimate- prnological interests.

Release
6.1.

Upon the Effective Date of this Agreement, in consideration of this Agreement
HR.DC releases and forever discharges the Released Persons from All Claims.
contractual obligations~ demand. or suits. known or unknown. fixed or
contingent liquidated or unliquidated~ \Vhether or not asserted in the above case.
as of this date, arising from or related to the events and transactions which are
the subject matter of the Action ·which occurred through and including the date
or signing of this Agreement. This release inures to the benefit of' all attorneys.
agents, employees~ ofiiccrs. directors. shareholders, insurers, paitners. heirs.
assigns, and legal representatives of the Parties hereto. This release includes, but
is not limited to all demands, and caus~s of action, whether arising at law or in
equity~ arising under common Jav. · or statute~ in tort or in contract, that were or
could have been brought in lhe Action.

6.2.

It is specifically understood and agreed this S 2!ttlement includes the release and
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discharge of any and all unnamed potential tortfeasors, and HR.DC accepts the
compensation stipulated in this Agreement in full satisfaction of any and ail
injuries and/or damages and/or claims which ·have heretofore arisen or which
may hereafter arise out of the events and transactions which are the subject of
the Action.

6.3.

HRDC additionally acknowledges this settlement is a complete resolution of all
possible claims. including any state tort claim, any stale or federal statutory
claim, civil rights claim, punitive darnagc claim, claims for costs~ expenses.
interest. attomcy~s fees. whether under 42 U.S.C. ~ 1988, Minn. Stat.§ 549.211.
or any other claim arising out of the events and transactions which are the
subject of the Action through the date of this settlement.

6.4.

7.

HR.DC and Defendants hereby declare that they fully understand the tcm1s of
this Agreement; that the consideration stated herein is the sole consideration of
this Agreement. HR.DC voluntarily accepts said consideration for the purpose
of making a full and final cornpromise. adjustment and settkment of all claims
for alleged injuries~ losses and damages relating to events and transactions
raised in the Action.

Reservation of Jurisdiction
7.1.

The Parties agree that this Agreement docs not prohibit HRDC from scrking to
enforce its First and/or Fourteenth Amendment rights for claims which may
arise in the future. The Parties agree that the Court shall retain jurisdiction for the

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purpose of enforcing the tenns of this Agreement, by entry of a Stipulated Order of
Dismissal stating the same.
7.2.

HRDC further agrees that it \Vill not initiate any subsequent ]awsuits against
Sherbume County regarding any clainB similar to those at this in the Action for
a time period of twenty (20) days after the Effective Date. This includes any
such claims arising on or before the expiration of th~ twenty (20) days atler the
full execution of this Agreement so as to pennit Sherburne County time to train
its personnel regarding the terms of this Agreement.

7.3.

The substantive laws of the State of Minnesota shall govern the va]idity.
construction! enforcement, and interpretation of this Agreement. Venue on any
dispute arising out
this agreement shall be in the U.S. District Cou11, District
of Minnesota.

or

8.

HRDC represents und warrants that: (i) it is the sole ownl:'r of All Claims being released
herein and that (ii) it has not:, in any manner, assigned mvay any of their ovmership of
All Claims.

9.

HRDC specifically represents and warrants there are no attorneys' liens that have been
served, filed or noticed with regard to this cause of action or the proc~eds relating to
this cause
action. and Lhe only attome)'S who are entitled to any payment from the
proceeds of this seltlement arc in-hous~ attorneys for HRDC and attorneys vvith Dorsey

or

& Whitney~ LLP.
10.

HRDC is responsible for all tax consequences associated with the settlement and agrees
to indemnify and hold the Releasees harmless from any tax liability with the Internal
Revenue Service or Minnesota Depattment of Revenue.

11.

The parties agree to file ,vith Lhe Court a Joint Stipulation of Dismissal with Prejudice
within five (5) days of receipt of the payment outlined in Paragraph 4. l above. The
Stipulation shall incorporate the terms of this Agreement by reference and provide that
each party shall bear Lheir own costs. except as provided in Paragraph 4.1.

11.

If for any reason a court of competent .i urisdiction finds any provision of this
Agreement, or a portion thereof~ to be unenforceable, such provision will be enforced
to the maximum extent permissible Si) as to implement the intention of the parties. and
the remainder of this Agreement shall continue in full force and ~fleet.

13.

Each party hereto warrant:; and represents to all other Parties that no promise~
representation, conduct, or consideration has been made by any other party to this
Agreement~ its O\vncrs, agent~~. servants, t!mployces, attorneys. or persons in privity
therewith, which has induced the execution of this Agreement except for those
representations and agreements specincally set forth herein.

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14.

This Agreement contains the entire agreement between the parties hereto'. and the terms
of this Agreement are contractual and not a rn~r~ recital.

15.

This Agreement may be executed in multiple originals: each of vvhich shall be
considered an original and all of which ~,hall constitute one and tht same Agreement.
Properly execuk~d signature pages, \Vhether they constitute original signature pages, or
facsimile copies signature JXtges: may be attached to the original Agreement. Any
copied signature page or facsimile copies signature page attached to this Agreement
will have the same force and effects as an original signature page.

16.

Each person signing this Agreement -vvarrants that she/he is legally competent to
execute the Agreement. Each person signing this Agreement on bchal f of a
governmental entity~ corporation~ partnership, or other legal ~ntity ,va111ants that she/he
is fully authorized by that governmental entity. corporation, partnership. or other legal
entity to sign this Agreement. Each person signing this Agreement as the agent for a
principal hereby represents and \vammts to the other party or parties to this Agreement,
that she/he is authorized by the principal Lo enter into this Agreement.

17.

Each party to this Agreement agr~cs lo bear such party's o,vn cou11 cos1s and expenses.
including, without limitation, attorney fees and expenses~ except as provided m
Paragraph 4.1 for all claims brought to tht;"! date of the settlement in this action.

,(-/~

TN WITNESS \VHEREOU◄·, l have hereunto set my hand this ___ day of May.
2021.

HUMAN RHGHTS DEFENSE CENTER

kJ <\;

flt-f

By: _____--H,-----,------....----____,,~--1----,--,.
Its:

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IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of May,
2021.

SHERBURNE COUNTY

By: _______________
Bruce Messelt
Its: County Administrator

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IN WITNESS WH~REOF, I have hereunto set my hand this
2021.

SHERRIFFJOELBROTT

/I

..µ...,

day of May,