HomeMy WebLinkAbout92- McDonald Release of all Claims and Settlement Agreement
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RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT
WHEREAS, Robert J. McDonald was involved in an alleged fight
at 1332 E. Main Street, known as Willie's Saloon, Bozeman,
Montana, on December 17, 1992, and was allegedly injured as a
resulti
WHEREAS, the other individuals involved in the alleged fight
were students at the Montana Law Enforcement Academy (MLEA) i
WHEREAS, one of the MLEA students alleges that Mr. McDonald
struck him twice in the jaw without provocation or retaliationi
WHEREAS, Mr. McDonald was charged with a violation of !:}45~8-
101 MCA, Disorderly Conduct, as a result of the alleged fighti
WHEREAS, Mr. McDonald has established himself at Montana
State University as a promising pre-medical school student, and
has the opportunity to be accepted at several prestigious medical
schoolsi
WHEREAS, deferring prosecution of this charge and the
completion of this course of study and the attainment of a
medical degree by Mr. McDonald would be in the best interests of
justice and to societYi and
WHEREAS, all parties to the agreement desire to fully and
finally settle and compromise all claims, either identified or
unidentified, associated with this incidenti
NOW, THEREFORE, based upon the foregoing:
1. For and in consideration of the entrance into a
Deferred Prosecution Agreement with the Bozeman City Prosecutor
relative to the ultimate dismissal, upon successful completion of
the agreement, of the pending criminal charges against Robert J.
McDonald arising out of the events of December 17, 1992, I,
Robert J. McDonald, being of lawful age, do hereby release,
acqui t , and forever discharge the City of Bozeman, the Bozeman
Police Department, the Montana Law Enforcement Academy, their
officers and employees, and Officers Gary Denham, Roger
Bergstrom, Jim DeGreek, Jason Becker, and Martin Kent of and from
any and all liability, actions, causes of action, claims,
demands, damages, costs, expenses and compensation, on account of
or in any way growing out of any and all known and unknown
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personal injuries, property damage, and any and all other types
of damages related to or in any way connected with the events
that occurred on or about December 17, 1992, and the subsequent
charge of Disorderly Conduct in Bozeman, Montana. This release
includes but is not limited to any and all civil rights claims,
malicious prosecution, false arrest, false imprisonment, assault
claims, or charges of discriminatory conduct.
2. It is further understood and agreed that this
settlement is the compromise of disputed claims, and is not to be
construed as an admission of liability on the part of Robert J.
McDonald, or on the part of all other parties hereby released, by
whom liability is expressly denied.
3. This release, along with the Deferred Prosecution
Agreement to be filed in Bozeman City Court, constitutes the
ENTIRE AGREEMENT between the parties hereto and the terms of this
release are contractual and not a mere recital.
4 . I have read the foregoing release and know and
understand the contents thereof, and I sign the same as my own
free act and it is my intention to be legally bound hereby. I
have consulted with an attorney regarding this agreement and the
charges and claims as stated above, and acknowledge that I have
been fully advised of my rights in this matter.
DATED this /51- day of November, 1993.
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Robert J. McDonald Steven . Un , Defense Attorney
P. O. Box 51
Bozeman, MT
BOZEMAN CITY ATTORNEY'S OFFICE
59771-0640