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STATE OF MISSISSIPPI

COUNTY OF HINDS

AGREEMENT AND RELEASE

THIS AGREEMENT AND RELEASE entered into on this the I day of


A
‘ . , 2019, by and between the parties hereinafter named, WITNESSETH as
follows:

WHEREAS, there is now a pending claim for damages styled Cheryl Matory, et al.
v. Hinds County Sheriff Victor Mason, et al., under Civil Action No.: 3:16-cv-989-TSL-
RHW, pending in the U.S. District Court for the Southern District of Mississippi;
Northern Division:

WHEREAS, while denying and protesting any liability in the premises, an offer
of compromise has been made for economic reasons on the part of the Defendants in the
above-styled and numbered cause, said Defendants being more particularly described
as "Releasees" hereinafter, and Plaintiff Tomeca Barnes, more particularly described as
"Releasor" hereinafter, is desirous of accepting said compromise settlement and
granting a full and final release unto Releasees:

NOW, THEREFORE, in consideration of the mutual promises exchanged


herewith, as well as other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, it is agreed as follows:

1. PARTIES: The parties to this agreement and release are as follows:

A. Releasor is Tomeca Barnes, an adult resident citizen of Hinds


County, Mississippi.

B. Releasees are: Hinds County Sheriff Victor Mason, Hinds County,


Mississippi, and all of their agents, servants, employees, and
officials (elected and appointed), and any and all other persons,
firms, corporations, or entities associated with the above mentioned
Releasees, including, but not limited to, their insurance carrier.

2. PURPOSE OF RELEASE: The purpose of this release and agreement is for


the Releasor, upon payment of the consideration hereinafter recited, to release the
aforesaid Releasees from any and all claims, losses, damages, or injuries sustained by
her, both known and unknown, insofar as it pertains to her employment with Releasee,
including all events pertaining to the same that transpired before, during or after the
same or that are in any way connected with Releasees herein or alleged in the above-
referenced suit.

3. CONSIDERATION: The total consideration paid for this release shall be


the sum of One Hundred Thousand Dollars ($100,000.00), payable to Tomeca Barnes
and Lisa M. Ross, Attorney at Law, by Releasees upon execution of this release. Ms.
Barnes will be transferred to a bailiff's position at the same rate as she was previously
making.

4. RELEASE: The Releasor does, for herself, her heirs, executors,


administrators, assign, release, acquit, and forever discharge the aforementioned
Releasees, officially and individually, and any and all other persons, firms or
corporations from any and all claims, demands, damages, actions, (judicial or
administrative) causes of action, (legal or equitable) suit or suits, attorney's fees
(including attorney's fees under 42 U.S.C. § 1988) and all other costs, loss or losses,
compensation and all direct and/ or consequential or inconsequential damages or costs
related to, on account of, or in any way growing out of any action, inaction, occurrence,
or incidences or any and all known and unknown personal losses and/or injuries and
property damage resulting or to result from the actions, inactions, and/or occurrences
relative to her employment with Releasee, as well as any actions or inactions or event or
events that transpired prior to during, or subsequent to the aforementioned damages
received by Releasor that pertain to Releasees arising out of the aforementioned suit.

5. REPRESENTATIONS: This is a compromise settlement for a claim for


damages that resulted from Releasor's employment with Releasee, and the events
leading up to and following the same and all damages received by Releasor, and the
payment on behalf of the Releasees herein is not to be construed as an admission of
liability on the part of any person, firm, entities or corporations hereby released, it being
expressly understood that the Releasees herein protest and deny liability in the
premises and affirmatively set forth that this settlement is made only for economic
purposes and reasons.

6. WARRANTIES: The undersigned Releasor hereby expressly covenants


and warrants that she is the sole person entitled to recover as a result of the subject
employment action and that no other party whatsoever has any right or interest in the
claim hereby compromised and settled, whether by assignment, contract, subrogation,
statute, common law, or otherwise, or if any other person is entitled to be reimbursed
any sums as a result of the aforementioned cause, the same will be paid and satisfied
from the consideration mentioned in paragraph 3 above. Releasor agrees to defend,
indemnify, save, and hold harmless and reimburse Releasees from any and all expenses
incurred, including but not limited to, attorney's fees in the event any claim whatsoever
is made by any party whatsoever asserting any right or entitlement to any benefit or
interest in the claim that is the subject matter of this suit and is hereby compromised

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and settled. The undersigned and her attorney also agree to hold in trust an amount
from the settlement proceeds which is sufficient to pay any and all liens and/ or
subrogated claims. Moreover, the undersigned expressly agrees to defend and
indemnify the Releasees from any claims made against them by any persons or entities
having a lien and/or a subrogated claim.

7. LIENS: It is further expressly agreed that any and all unpaid liens and
unpaid subrogated claims, including but not limited to: (1) the liens and subrogated
claims of any and all medical providers, clinics, ambulances, doctors, hospitals,
chiropractors, psychologists, and/ or physical therapists; (2) any Medicare and/ or
Medicaid liens; (3) any workers' compensation liens; (4) the liens of any previous
attorneys for the undersigned; and (5) any liens or subrogated claims possessed by any
insurance carrier are the sole liability and responsibility of the Releasor. The
undersigned and her attorney also agree to hold in trust an amount from the settlement
proceeds which is sufficient to pay any and all liens and/or subrogated claims.
Moreover, the undersigned expressly agrees to defend and indemnify the Releasees
from any claims made against them by any persons or entities having a lien and/ or a
subrogated claim.

8. ORDER OF DISMISSAL: Releasor hereby covenants that for the


consideration hereinabove recited, the above-styled and numbered cause will be
dismissed with prejudice.

9. CONFIDENTIALITY: The undersigned parties hereby expressly covenant


that they understand that the contents of this agreement are confidential and agree not
to disclose the contents of this agreement, including, but not limited to, the
consideration paid herein, to anyone except Releasor's immediate family, attorney or
professional tax or financial adviser and Releasees' attorney, tax advisor or auditors,
with instructions that the disclosure is to remain confidential.

10. ANTI-DISPARAGEMENT CLAUSE: Subject to applicable law, each of


the parties covenants and agrees that the parties any of their agents, subsidiaries,
affiliates, successors, assigns, or officers will in no way publically disparage, call in to
disrepute, defame, slander, or otherwise criticize the other parties or such other parties'
subsidiaries, affiliates, successors, assigns, officers or employees in any manner that
would damage the reputation of such other parties, successors, affiliates, assigns,
officers, employees, agents, attorneys or representatives.

11. ENTIRE AGREEMENT: This release and the agreement herein contained
constitute the entire agreement between the parties, the terms of which are contractual
and not mere recitals, and Releasor acknowledges that she has read the foregoing
release and agreement and knows the contents thereof and has signed the same of her
own free act and deed and that she did so with the lawful authority of the premises.

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THIS IS A FULL AND COMPLETE RELEASE OF ANY AND ALL CLAIMS OR
DAMAGES, OF EVERY KIND AND NATURE, WITH REGARD TO INJURIES AND
DAMAGES SUSTAINED BY RELEASOR AS A RESULT OF HER EMPLOYMENT
WITH RELEASEE, AND THE EVENTS LEADING UP TO, DURING AND
HAPPENING SUBSEQUENT TO THE SAME INSOFAR AS IT PERTAINS TO THOSE
RELEASED HEREIN AND SHALL CONSTITUTE AN ABSOLUTE RELEASE,
ACCORD, AND SATISFACTION OF ANY CLAIMS THAT THE UNDERSIGNED
MAY HAVE AGAINST ANY AND ALL PARTIES RELEASED HEREIN.

WITNESS my signature, this the I day of ,2019.

TOMECA BARNES

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STATE OF MISSISSIPPI

COUNTY OF HINDS

Personally appeared before me, the undersigned authority in and for said county
and state, TOMECA BARNES, who after being duly sworn, stated on oath that the
matters and facts set out in the above and foregoing Agreement and Release are true
and correct as therein stated

TOMECA BARNE

Sworn to and subscribed before me, this the 11 --) day of 2019.

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ATTORNEY'S CERTIFICATE

The undersigned attorney acknowledges that he has reviewed this Agreement

and Release with the Releasor, has explained the terms and conditions and

ramifications in full, and certifies that the Releasor knows the contents of this release

and is competent to execute same.

Lisa M. Ross, Esq.


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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

CHERYL MATORY
TOMECA BARNES PLAINTIFFS

VS. CIVIL ACTION NO. 3:16-CV-989-TSL-RHW

HINDS COUNTY SHERIFF VICTOR MASON,


IN HIS INDIVIDUAL CAPACITY, AND
HINDS COUNTY, MISSISSIPPI DEFENDANTS

AGREED ORDER OF DISMISSAL

This day this cause came on to be heard on a joint ore tenus motion of Plaintiffs

Cheryl Matory, Tomeca Barnes and Defendants Sheriff Victor Mason and Hinds

County, Mississippi, that this matter be dismissed with prejudice and the Court, having

considered the same, and it being made known to the Court that all parties are in

agreement thereto, finds that said motion is well taken.

IT IS THEREFORE ORDERED that this cause is hereby dismissed with prejudice,

each party shall bear their own costs.

SO ORDERED and ADJUDGED this the day of February, 2019.

DISTRICT COURT JUDGE

AGREED:

ag
LISA M. ROSS, ESQ. (MSB #9755)
P.O. Box 11264
Jackson, MS 39283-1264
Tel: (601) 981-7900
Email: lross©lmrossatlaw.com
Attorney for Plaintiff
WILLIAM R. ALLEN, ESQ. (MSB # 100541)
JESSICA S. MALONE (MSB #102826)
KATELYN A. RILEY (MSB #105115)
Allen, Allen, Breeland & Allen, PLLC
214 Justice Street
P. 0. Box 751
Brookhaven, MS 39602-0751
Tel. 601-833-4361
Fax 601-833-6647
Email: wallen@aabalegal.com
Email: jmalone@aabalegal.com
Email: kriley@aabalegal.com
Attorneys for Defendants