SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS

KNOW ALL MEN BY THESE PRESENT'S:

That the undersigned, MEGAN SHEEHAN, for the sole consideration of

ONE MILLION THREE HL]NDRED FIFTY THOUSAND DOLLARS AND ZERO

CENTS ($1,350,000.00),

to the undersigned,

payable

to the Scott Law Firm

Trust

Account, does hereby and for her heirs, executors. administrators, successors and assigns.
release, acquit and forever discharge SAN FRANCISCO

BAY AREA RAPID TRANSIT

DISTRICT. SAN FRANCISCO BAY AREA RAPID TRANSIT

POLICE

DEPARTMENT and NOLAN PIANTA (Releasees) and their employees, officers.

directors. agents, servants, sllccessors. heirs, executors, administrators, insurance carriers.

and

all other persons, finns,

undersigned, does hereby and

corporations. associations

or

partnerships related to

for her heirs. executors, adrninistrators,

assigns, release, acquit and forever discharge SAN FRANCISCO

successclrs and

BAY AREA RAPID

TRANSIT DISTRICT, SAN FRANCISCO BAY AREA RAPID TRANSIT POLICE

DEPARTMENT and NOLAN PIANTA of and from any and all federal and state claims,
actions, causes
damages, loss

of action,

of

demands. rights, damages, attomey's fees, costs, punitive

service, expenses and compensation whatsoever and any property

damage, including but not limited

to, alleged civil rights and constitutional

violations,

which the undersigned now has or which may hereafter accrue on accottnt of or in any
way growing out of any and all known and unknown, foreseen and unforeseen bodily and
personal injuries and property damage and the consequences thereof resulting or to resnlt

from the incident, casualty or event which occurred on or about March 17, 2014, a! or
near Santa Rita Jail. Dublin, CA.

County

of

Alameda, State

of California. more

particularly described in that certain Coniplaint numbered C14-03156 LB, filed in the
United States District Cour1, Northern District of California.

It is understood and agreed that this Settlement is the Compromise of a doubtful

of

and disputed claim, and that the payrnent made is not to be construed as an admission

liability on the part of the party or parties hereby released, and that said Releasees deny
liability therefor, and intends merely to avoid litigation and buy their peace.

It is further understood and agreed that all rights under Section

1542

of the Civil

Code of California and any similar law of any state or territory of the United States are
hereby expressly

waived. Said section reads as follows:

1542. General Release - Claims Extinguished. A general release

does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially
affected his or her settlement with the debtor.
The uldersigned hereby declares and represents that the injuries sustained are or

may be permanent and progressive and that recovery therefrom is uncertain

and

indefinite. In making this Release. it is understood and agreed that the undersigned relies

wholly upon the undersigned's judgment, belief and knowledge of the nature, extent.
effect and duration of said injuries and liability therefor and that this Release is made

without reliance upon any statement or representation of the party or parties hereby
released or their representatives or by any physician or surgeon by them employed.

The unCersigned has been fully advised by her counsel as to these presents, and
each provision hereof, and hereby authorizes and directs her counsel to dismiss,

with

prejudice, her Complaint in action Cl4-03156 LB, filed in the United States District
Court, Northern District of California described above.
The undersigned warrants that there are liens, claims or causes of action against
the settlement proceeds paid hereunder. Should any such liens or causes of action exist.

including but not limited to, Eden Medical Center, Paramedics Plus, Mat Kiisk, DDS.,
Bay Imaging, Concord Dental Arts, Flollander Dental, Kaiser Permanente, Smile Care.

Van Ness Oral Surgery and Aetna Insurance Company, the undersigned agrees to pay
them or make some other disposition of them which wili not prejudice the rights of the
parties being released hereunder. The undersigned also warrants that she

will or has

paid in full any and all medical providers, including but not limited to, Eden Medical
Center, Paramedics Plus, Mat Kiisk, DDS., Bay Imaging, Concord Dental Arts,

Hollander Dental, Kaiser Permanente, Smile Care. Van Ness Oral Surgery and Aetna
Insurance Company, arising out of the subject accident described herein. Accordingly,
the undersigneci hereby agrees to indernnify and hold harmless the SAN Fzu\NCISCO

BAY AREA RAPID TRANSIT DISTRICT. SAN I]RANCISCO BAY AREA RAPID
TRANSIT POLICE DEPARI'MENT and NOI-AN PIANTA from any such liens, claims
or causes of action from any person and further agrees to defend the SAN FRANCISCO

BAY AREA RAPID TRANSIT DISTRICT, SAN FRANCISCO BAY AREA RAPID
TRANSIT POLICE DEPARTMENT and NOLAN PIANTA from any such claims
whether groundless or not.

The undersigned specifically warrants that she is not a Medi-care or Medicaid

beneficiary and that she has not received Medi-care or Medicaid benefits related to
treatment

of injuries allegedly sustained in the litigation described herein and that she

willbe solely responsible to satisfy the Medi-care and/or Medicaid lien (if

any).

The undersigned further declares and represents that no promise. inducement or

agreement not herein expressed has been made to the undersigned, and that this Release

contains the entire agreement between the parlies hereto, and that the terms

of

this

Release are contractual and not a mere recital.

If

any action at law or in equity, including an action for declaratory relief, is

brought to enforce or interpret the provisions of this Settlement and Release Agreement.
the prevailing party shall be entitled to recover reasonable attorney's fees in addition to
any other relief to rvhich the party may be entitled. including costs.

The undersigned has read the fbregoing Release and fully understands it.

Pursuant

to Evidence Code I t23 O), this settlement agreement is enforceable,

binding and admissible in a court of law.

IN WfINESS WHEREOF, the undersigne<i hereto

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I, John Scott, attorney for MEGAN SFIEEHAN, represent and declare that I havc
fully explained the Release to MECAN SHEEHAN and that she has acknowledged to me
Otat she understood said Release and the legal effect thereof on her, and

her to sign it.

DArED:

llCq. J

.zot6
John Scott, Esq.

have advised