LEASE IN FULL OF ALL CLAIMS
In consideration of the payment of Two Million Two Hundred Thousand Dollars and No
Cents ($2,200,000.00), and other valuable consideration, the receipt and sufficiency of which are
acknowledged, C. WILLIAM CURTIS, as the Personal Representative of the Estate of DANIEL
LINSINBIGLER, JR., and on behalf of all beneficiaries of the Estate of DANIEL
LINSINBIGLER, JR, (hereinafter referred to as “Releasors”), in hand paid by the FLORIDA
SHERIFF'S RISK MANAGEMENT INSURANCE FUND on behalf of Defendants, RICK
BESELER, in his official capacity as Sheriff of Clay County, ANGEL ACOSTA, JARED
BLUDSWORTH, RODNEY HOULDSON, NEAL MCDADE, LENVIL SENTER, BECKY
WOLF, ROBERT HEAPS and TOM WAUGH, individually, their insurers or self-insurers,
(hereinafter referred to as AReleasees@), does hereby release and forever discharge said parties
herein above named, and any and all agents, employees, contractors, and deputies, from any and
all actions, causes of action, claims and demands for, upon, or by reason of any damage, injury
or loss which heretofore have been or which hereafter may be sustained by Releasors arising out
of or attributable to events occurring as a result of or during incarceration of DANIEL
LINSINBIGLER, JR in the Clay County Jail, in Clay County, Florida, in March 2013, and
specifically, any and all claims that gave rise to the case of C. WILLIAM CURTIS, on as the
Personal Representative of the Estate of DANIEL LINSINBIGLER, JR. v. RICK BESELER, in
his official capacity as ‘Sheriff of Clay County, ANGEL ACOSTA, JARED BLUDSWORTH.
RODNEY HOULDSON. NEAL MCDADE, LENVIL SENTER, BECKY WOLF, ROBERT
HEAPS and TOM WAUGH, individually, Case No.: 33:13-CV-1352-J-39RK filed in the
United States District Court, Middle District of Florida, Jacksonville Division, including
specifically any claims for costs or attorneys= fees, it being the specific intention of this Release that
Page 1 of 4it cover any and all claims arising out of said events, including, but not limited to those related to any
classification, use of force, alleged deliberate indifference in monitoring or caring for Daniel
Linsinbigler, Jr., and the provision of health care, including, mental health care.
‘This Release extends and applies to and also covers and includes all unknown, unforeseen,
unanticipated and unsuspected injuries, damages, loss and liability, and the consequences thereof, as
well as those now disclosed and known to exist arising out of the aforementioned incidents which
were the subject matter of the above-referenced Case. The provisions of any state, federal, local or
territorial law or statute providing in substance that releases shall not extend to claims, demands,
injuries or damages which are unknown or unsuspected to exist at the time, to the Releasors
executing such release, are hereby expressly waived.
Releasors expressly represent that Releasors have attorneys and have been made fully aware
of all facets of the pending lawsuit and all claims arising out of or in relation thereto and are fully
aware that the execution of this instrument will fully and forever prevent and bar any further claim of
any kind, nature, or description against Releasees, their personal representatives, successors, assigns,
heirs, officers, deputies, employees, agents, contractors and attomeys arising out of the incident(s)
that gave rise to Releasors= pending lawsuit against Releasees.
Releasors acknowledge that no deductions for taxes will be made from payment made to
Releasors nor are any sums withheld for amounts owed to any providers of worker's compensation
benefits, health care providers or for reimbursement of any sums owed to any governmental agency
‘or insurer for the cost of lost wages or health care provided or paid for by such agency or insurer or
for any other legal obligation existing on the part of Releasors, at present or in the future. Releasors
shall be liable for any taxes or other sums due and owing to any governmental agency or insurer and
hold Releasees harmless for any such obligations. Releasors further agree that should the Releases,
Page 2 of 4their agents, representatives, employees or insurers be deemed liable for any such amounts, Releasors
will indemnify the Releases for any such liat
ity.
It is further agreed and understood that the Releasors will protect, indemnify and save
harmless the Releasees and their attorneys from any valid claims or liens arising from benefits
provided to or on behalf of Releasors which are related to the incidents giving rise to these claims as
well as any valid claims or restitution liens of any nature for which Releasors are or in the future will
be responsible. Such indemnified claimsjliens include, but are not limited to, the Federal
government, Medicare, Medicaid, insurance companies, healthcare providers, and any attorneys
previously employed by the undersigned, if any. ‘The undersigned hereby instructs their attorneys to
re
sufficient proceeds in the attorneys’ trust account to fully satisfy all valid liens referred to
above pending compromise and settlement of such claims. The undersigned acknowledges that all
such claims or liens will be satisfied by the Releasors’ attorneys before any final disbursement of
settlement proceeds can be made.
Releasors, including, DANIEL JOSEPH LINSINBIGLER, VALERIE ANN
LINSINBIGLER AND MERISSA LINSINBIGLER agree to maintain the confidentiality of the
terms of this settlement and will not disclose any terms
including, but not limited to, the amounts of
settlement to any third party, including, but not limited to, any media representatives. ‘The parties
acknowledge this settlement involves public officers and officials and is subject to the Florida Public
Records Act and/or Florida Government in the Sunshine Law.
Releasors specifically authorize and direct their attorneys, to provide the original signed
Release to the attorneys for Releasees and to notify the Court of the fact of this settlement and to take
any additional action to dismiss the pending case, with prejudice. Thereafter, Releasors shall never
assert any claim whatsoever arising from or based on the events or incidents herein referenced,
Page 3 of 4IT IS FURTHER agreed and understood that said payment is not to be construed as an
admission of any wrongdoing, violation of law or Constitutional rights, or other liability on the part
of the Releasees and that they are jointly resolving this dispute to avoid the uncertainties and expense
of further litigation
IN WITNESS WHEREOF, I have hereunto set my hand and seal this _j Pay of
November 2014.
CURTIS, as the Petsonal
Representative of the Estate of DANIEL
LINSINBIGLER, JR., and on behalf of all
beneficiaries of the Estate of DANIEL
STATE OF FLORIDA
COUNTY oF Buse
‘The foregoing instrument was acknowledged before me this, “tt Nay of November 2014,
by C. WILLIAM CURTIS, as the Personal Representative of the Estate of DANIEL
LINSINBIGLER, JR, DANIEL JOSEPH LINSINBIGLER AND VALERIE ANN
LINSINBIGLER, who are ___ personally known 10 me or _y~~ produced the following
identification:
NOTARY PUBLIC
ov
My Commission Expires: NE EUCARE
STATE OF FLORIOA
PGERECS commit eeresze
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