Case 1:13-cv-03606-JB. ; Document 14 Filed 10/25/13 …ogtf.lpcnj.org/2015/2015065P1/WillingboroWhichard.pdfCase 1:13-cv-03606-JB. _; Document 14 Filed 10/25/13 PE 1 of 23 Pagers:

Case 1:13-cv-03606-JB. _; Document 14 Filed 10/25/13 PE 1 of 23 Pagers: 123

LAW OFFICE OF CHARLES H. NUGENT, JR. I.D. # 47263 530 Lippincott Drive, Building E Marlton, New Jersey 08053 Telephone: (856) 596-9770 Fax: (856) 596-9775 Attorneys for Plaintiff, Christian Whichard Our File No: 7156

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

CHRIS I IAN M. WHICHARD,

Plaintiff,

v. Civil Action No.: 1:13-cv-03606-JBS-JS

WILLINGBORO TOWNSHIP, CINNAMINSON TOWNSHIP, SERGEANT JAMES MCKENDRICK, individually, and in his official capacity as a Willingboro Township Police Department Sergeant, PATROLMAN BENNIE LANGFORD, individually, and in his official capacity as a Willingboro Township Police Department Officer, SERGEANT CHRISTOPHER VETTER, individually, and in his official capacity as a Willingboro Township Police Department Sergeant, LIEUTENANT TIMOTHY YOUNG, individually, and in his official capacity as a Cinnaminson Township Police Department Lieutenant, JOHN DOE WILLINGBORO TOWNSHIP POLICE OFFICERS 1 through 20 (fictitious names), JOHN DOE CINNAMINSON TOWNSHIP POLICE OFFICERS 1 through 20 (fictitious names), JOHN DOES l through 25 (fictitious names), and ABC MUNICIPALITIES 1 through 5 (fictitious names), jointly, severally, and in the alternative,

Defendants.

1S1 AMENDED COMPLAINT AND DEMAND FOR A

TRIAL BY JURY

Case 1:13-cv-03606-JBE J Document 14 Filed 10/25113 Pa 2 of 23 PageiD: 124

Plaintiff, Christian M. Whichard, residing at 14 Normandy Lane, Township of

Willingboro, County of Burlington and State of New Jersey 08046, hereby states the following

by way of a 1 a Amended Complaint against the defendants:

JURISDICTION AND VENUE

1. This action is brought pursuant to 42 U.S.C. § 1983. Jurisdiction is based upon

28 U.S.C. § 1331 and 143, This Court has supplemental jurisdiction over plaintiff's State law

claims pursuant to 28 U.S.C. § 1367(a).

2. The venue of this district is proper because, upon information and belief, all

defendants either reside in or are located in the District, and all events took place in the District.

NATURE OF ACTION

3. This is an action for compensatory and punitive damages, for violations of

plaintiff's constitutional and civil rights, for police brutality, for unreasonable and excessive use

of force by police, for false arrest, for false imprisonment, for failure to prevent police brutality

and unreasonable and excessive use of force, and for the adoption of a policy, regulation,

decision and/or custom of engaging in these constitutional violations, as well as for negligent

and/or intentional conduct relating to the execution of a warrant and making arrests which

resulted in serious permanent physical injuries to the plaintiff.

PARTIES AND FACTS COMMON TO ALL COUNTS

4. Plaintiff, Christian Whichard, is a competent adult individual and citizen of the

United States residing at 14 Normandy Lane, Township of Willingboro, County of Burlington,

and State of New Jersey 08046.

5. Defendant, Willingboro Township (hereinafter also referred to as "Willingboro"),

is and was at all times relevant to this matter, a public entity and municipality organized under

the laws of the State of New Jersey and was, based on information and belief, the principal,

master and employer of defendants, Sergeant James McKendrick, Patrolman Bennie Langford,

Sergeant Chris Vetter, and. John Doe Willingboro Township Police Department Officers 1 - 20.

Case 1:13-cv-03606-3B5. Document 14 Filed 10125113 Pa 3 of 23 PageiD: 125

6. Defendant, Willingboro Township, is also entrusted with certain responsibilities,

among others, enforcing state and local laws and ordinances, and otherwise insuring the safety of

the people and property found within the Township of Willingboro, Burlington County and the

State of New Jersey.

7. Defendant, Cinnaminson Township (hereinafter also referred to as

"Cinnaminson"), is and was at all times relevant to this matter, a public entity and municipality

organized under the laws of the State of New Jersey and was, based on information and belief,

the principal, master and employer of defendants, Lieutenant Timothy Young and John Doe

Cinnaminson Township Police Department Officers 1 - 20.

8. Defendant, Cinnaminson. Township, and is also entrusted with certain

responsibilities, among others, enforcing state and local laws and ordinances, and otherwise

insuring the safety of the people and property found within the Township of Cinnaminson,

County of Burlington and State of New Jersey.

9. Defendant, Patrolman Bennie Langford, is an adult individual, with an unknown

address, who at all times relevant to this matter, was a Willingboro Township Police Department

Officer, and, was an agent, servant and employee of the defendant, Willingboro Township.

Defendant Langford was directly involved in the September 27, 2011, execution of search

warrant and arrests at the plaintiff's residence at 58 Buckeye Lane, Township of Willingboro,

County of Burlington and State of New Jersey, in that he engaged in the shooting of the plaintiff

proximately causing plaintiff to sustain serious personal injuries of a permanent nature.

10. Defendant, Sergeant Christopher Vetter, is an adult individual, with an unknown

address, who at all times relevant to this matter, was a Willingboro Township Police Department

Sergeant, and was an agent, servant and employee of the defendant, Willingboro Township.

Defendant Vetter, based upon information and belief, approved the operational plan for law

enforcement involved in the September 27, 2011, execution of search warrant and arrests at the

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plaintiffs residence at 58 Buckeye Lane, Township of Willingboro, County of Burlington and


11. Defendant, Sergeant James McKendrick, is an adult individual, with an unknown

address, and who, at all times relevant to this matter, was a Willingboro Township Police

Department Sergeant, and, was an agent, servant and employee of the defendant, Willingboro

Township. Defendant McKendrick was the Commander of the Willingboro Township Police

Department S.W.A.T. Team, and, based upon information and belief, worked in a supervisory

capacity with respect to the September 27, 2011, execution of search warrant and arrests at the

plaintiffs residence at 58 Buckeye Lane, Township of Willingboro, County of Burlington and


12. Defendants, John Doe Willingboro Township Police Department Officers 1 - 20,

are the fictitious names for unknown Willingboro Township Police Officers who were, at all

times relevant hereto, agents, servants and employees of the Township of Willingboro and the

Willingboro Township Police Department, that were involved in the September 27, 2011,

execution of search warrant and arrests at the plaintiffs residence at 58 Buckeye Lane,

Township of Willingboro, County of Burlington and State of New Jersey.

13. Defendant, Lieutenant Timothy Young, is an adult individual, with an unknown

address, and who, at all times relevant to this matter, was a Cinnaminson Township Police

Depaitinent Lieutenant, and, an agent, servant and employee of defendant, Cinnaminson

Township. Defendant Young, based upon information and belief, was the highest ranking

member of law enforcement directly involved in this case and worked in a supervisory capacity

with respect to the September 27, 2011, execution of search warrant and arrests at the plaintiff s

residence at 58 Buckeye Lane, Township of Willingboro, County of Burlington and State of New

Jersey.

14. Defendants, John Doe Cinnaminson Township Police Department Officers 1 - 20,

are the fictitious names for unknown Cinnaminson Township Police Officers who were, at all

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times relevant hereto, agents, servants and employees of the Township of Cinnaminson and the

Cinnaminson Township Police Den artment, that were involved in the September 27, 2011,



15. Defendants, John Does 1 - 20, are adult individuals and/or entities who controlled

or directed the defendants, Willingboro Township, Sergeant James McKendrick, Sergeant

Christopher Vetter, John Doe Willingboro Township Police Department Officers I - 20,

Cinnaminson Township, Lieutenant Timothy Young, John Doe Cinnaminson Township Police

Department Officers 1 - 20, and/or ABC Municipalities 1 - 5 during the September 27, 2011,



16. Defendants, John Does 21 - 25, are individuals and/or entities who are responsible

in tort or contract for the injuries and damages suffered by plaintiff Whichard in this action, but

whose identities have not yet been determined.

17. Defendants, ABC Municipalities I - 5, are unknown municipalities that are, based

on information and belief, the principals, masters and employers of defendants, John Does 1 —

25, and who controlled or directed the defendants during the September 27, 2011, execution of

search warrant and arrests at the plaintiff's residence at 58 Buckeye Lane, Township of

Willingboro , County of Burlington and State of New Jersey.

GENERAL ALLEGATIONS

18. Plaintiff repeats all of the facts and allegations previously set forth, inclusive, and

incorporates same herein as if set forth at length.

19. On or about September 27, 2011, at approximately 8:00 a.m., plaintiff, Christian

Whichard, was lawfully present at his residence located at 58 Buckeye Lane, Township of

Willingboro, County of Burlington, and State of New Jersey.

Case 1:13-cv-03606-31K .; Document 14 Filed 10125113 PL 6 of 23 PagelD: 128

20. At the aforementioned date, time and location, defendants, Sergeant James

McKendrick, Patrolman Bennie Langford, Sergeant Christopher Vetter, John Doe Willingboro

Township Police Officers 1 - 20, Lieutenant Timothy Young and John Doe Cinnaminson

Township Police Officers 1 - 20, entered into the 58 Buckeye Lane residence in order to execute

a search warrant and, based on information and belief, make arrests.



Township Police Officers 1 - 20, Lieutenant Timothy Young arid John Doe Cinnaminson

Township Police Officers 1 - 20, broke down the door of the residence, held the plaintiff and

other members of the household at gunpoint, and ordered them all to get down on the floor.

22. At the aforementioned date, time and location, while plaintiff was face down on

the floor of his bedroom, he was shot in the back with an assault rifle by an officer executing the

search warrant. The plaintiff sustained serious personal injuries as a result of the shooting and

the gunshot wound that was inflicted upon him.

23. Based on information and belief, it was defendant, Patrolman Bennie Langford,

and/or John Doe Willingboro Township Police Officer 1 - 20, and/or John Doe Cinnaminson

Township Police Officers 1 — 20, who shot the plaintiff causing him to sustain serious personal

injuries.

24. At all times relevant to this matter, the shooting of the plaintiff was done without

cause, represented gross misconduct of the part of the defendants and was a wholly unwarranted

and unjustified excessive use of force against the plaintiff.

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COUNT ONE

CHRISTIAN WHICHARD v. OFFICERS MCKENDRICK, LANGFORD, VETTER, JOHN DOE WILLINGBORO TWP. POLICE OFFICERS 1 — 20, OFFICER

TIMOTHY YOUNG and JOHN DOE CINNAMINSON TWP. POLICE OFFICERS 1 - 20





Township Police Officer 1 - 20, Lieutenant Timothy Young and John Doe Cinnaminson

Township Police Officers 1 - 20, were negligent, careless, reckless and inattentive in their

execution of the search warrant in that they: engaged in improper conduct which directly

resulted in the plaintiff being shot; engaged in the shooting of the plaintiff without any cause to

do so; used an improper and excessive amount of force against the plaintiff; falsely arrested the

plaintiff; falsely restrained and imprisoned the plaintiff; failed to properly handle and operate

their firearms; pointed a loaded firearm at the plaintiff without reason to do so; failed to properly

follow orders and directions; failed to follow proper procedures governing the conduct of law

enforcement officers; engaged in dangerous, erratic and unsafe conduct with respect to the

plaintiff; and, were otherwise negligent. Plaintiff Whichard sustained serious personal injuries as

result of the aforementioned misconduct of the defendants.




Township Police Officers 1 - 20, were negligent, careless, reckless and inattentive in their

execution of the search warrant and arrest of the plaintiff, which negligence proximately caused

a shooting wherein the plaintiff sustained a gunshot wound to his back.

28. As a direct and proximate result of the negligent, careless, reckless and inattentive

acts of defendants, Sergeant James McKendrick, Patrolman Bennie Langford, Sergeant

Case 1:13-ov-03606-JB, 3 Document 14 Filed 10/25/13 PL 8 of 23 PagelD: 130

Christopher Vetter, John Doe Willingboro Township Police Officer 1 - 20, Lieutenant Timothy

Young and John Doe Cinnaminson Township Police Officers 1. - 20, the plaintiff sustained

severe personal and permanent injuries which will not heal to function normally with further

medical treatment, has and will in the future incur expenses for the treatment of said injuries; has

been disabled and in the future will be disabled and unable to perform his usual functions; has

and will in the future be caused great pain and suffering to his loss and damage; has and will in

the future sustain economic loss; and, was otherwise damaged.

WHEREFORE, plaintiff, Christian Whichard, demands judgment against the defendants

for compensatory and punitive damages in an amount in excess of Seventy-Five Thousand

($75,000.00) Dollars, together with reasonable attorney fees, interest and costs of suit.

COUNT TWO

CHRISTIAN WHICHARD v. OFFICERS MCKENDRICK LANGFORD, VETTER, JOHN DOE WILLINGBORO TWP. POLICE OFFICERS 1— 20, OFFICER

TIMOTHY YOUNG and JOHN DOE CINNAMINSON TWP. POLICE OFFICERS 1 - 20



30. Defendants, Sergeant James McKendrick, Patrolman Bennie Langford, Sergeant


Young and John Doe Cinnaminson Township Police Officers I - 20, actions in shooting the

plaintiff in the back without any cause to do so; using an improper and excessive amount of force

against the plaintiff; falsely arresting the plaintiff; falsely restraining and imprisoning the

plaintiff; failing to properly handle and operate their firearms; pointing a loaded firearm at the

plaintiff without reason to due so; failing to properly follow orders and directions; failing to

follow proper procedures governing the conduct . of law enforcement officers; and otherwise

engaging in dangerous, erratic and unsafe conduct with respect to the plaintiff, was outrageous

conduct engaged in knowingly, intentionally and/or with reckless and wanton disregard of the

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danger to the residents of the household, including the plaintiff, and constituted an assault and

battery.

31. The intentional, reckless, outrageous and wanton disregard exhibited by

defendants, Sergeant James McKendrick, Patrolman Bennie Langford, Sergeant Christopher

Vetter, John Doe Willingboro Township Police Officer 1 - 20, Lieutenant Timothy Young and

John Doe Cinnaminson Township Police Officers 1 - 20, by executing the search warrant and

carrying out arrests in a dangerous and reckless manner as aforesaid, constituted an assault and

battery, and intentional tort, and was a proximate cause of the personal injuries sustained by

plaintiff, Christian Whichard..



Young and John Doe Cinnaminson Township Police Officers 1 - 20, willfully, wantonly,

maliciously and recklessly exposed plaintiff Whichard to a known risk by executing the warrant

and carrying out arrests in a highly dangerous and reckless manner as aforesaid, constituting an

assault and battery, which caused and greatly increased the risk and likelihood that plaintiff

Whichard and/or other members of the household would be harmed as result of their conduct.

33. As a direct and proximate result of the negligent, careless, reckless, willful and

wanton, and/or intentional acts of defendants, Sergeant James McKendrick, Patrolman Bennie

Langford, Sergeant Christopher Vetter, John Doe Willingboro Township Police Officer 1 - 20,

Lieutenant Timothy Young and John Doe Cinnaminson Township Police Officers 1 - 20, the

plaintiff did sustain serious personal injuries.


for damages in an amount in excess of Seventy-Five Thousand ($75,000.00) Dollars, punitive

damages, together with reasonable attorney fees, interest and costs of suit.

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COUNT THREE

CHRISTIAN WHICHARD v. WILLINGBORO TWP., CINNAIVIINSON TWP., and ABC MUNICIPALITIES 1— 5

34. Plaintiff repeats all of the facts and allegations previously made, as if set forth at

length, and incorporates same herein.

35. At all times relevant hereto, defendants, Sergeant James McKendrick, Patrolman

Bennie Langford, Sergeant Christopher Vetter, John Doe Willingboro Township Police Officer 1

- 20., Lieutenant Timothy Young and John Doe Cinnaminson Township Police Officers 1 - 20,

were acting as agents, servants and/or employees of defendants, Willingboro, Cinnaminson,

and/or ABC Municipalities 1 — 5, or within the scope of said agency or employment.

36. Defendants, Willingboro, Cinnaminson, and/or ABC Municipalities 1 — 5, were

negligent and careless in their failure to properly supervise, train, or instruct defendants, Sergeant

James McKendrick, Patrolman Bennie Langford, Sergeant Christopher Vetter, John Doe

Willingboro Township Police Officer 1 - 20, Lieutenant Timothy Young and John Doe

Cinnaminson Township Police Officers 1 - 20, in the proper execution of a search warrant,

carrying out arrests, use of force, following proper law enforcement procedures, and proper use

of firearms.

37. As a direct and proximate result of the negligent, careless, reckless and inattentive

acts of defendants, Willingboro, Cinnaminson, and/or ABC Municipalities 1 — 5, the plaintiff

sustained severe personal and permanent injuries which will not heal to function normally with

further medical treatment, has and will in the future incur expenses for the treatment of said

injuries; has been disabled and in the future will be disabled and unable to perform his usual

functions; has and will in the future be caused great pain and suffering to his loss and damage;

has and will in the future sustain economic loss; and was otherwise damaged.

Case 1:13-cv-03606-JBS Document 14 Filed 10125113 Pa_ 11 of 23 Page ID: 133


for damages in an amount in excess of Seventy-Five Thousand ($75,000.00) Dollars, punitive

damages, together with reasonable attorney fees, interest and costs of suit.

COUNT FOUR CHRISTIAN WHICHARD v. JOHN DOES 1 - 20

38. Plaintiff repeats all of the facts allegations previously set forth, as if set forth at

length, and incorporate same herein.

39. The defendants, John Does 1 - 20, are the fictitious names for individuals and/or

entities who controlled or directed the defendants, Willingboro, Willingboro Police,

Cinnaminson, Cinnaminson Police, and/or ABC Municipalities 1 - 5, Sergeant James


Township Police Officer I - 20, Lieutenant Timothy Young and John Doe Cinnaminson

Township Police Officers 1 - 20, at the time of the execution of the search warrant and the

shooting of the plaintiff.

40. At all times relevant hereto, defendants, Willingboro, Cinnaminson, and/or ABC

Municipalities 1 -• 5, Sergeant James McKendrick, Patrolman Bennie Langford, Sergeant


Young and John Doe Cinnaminson Township Police Officers 1 - 20, engaged in the execution of

the search warrant, carrying out arrests and all other conduct on behalf of the defendants, John

Does 1 - 20, as his or its agent, servant and/or employee within the scope of said agency or

employment.

WHEREFORE, plaintiff, Christian Whichard, demands judgment against defendants,

John Does 1 - 20, for compensatory and punitive damages, interest, attorney's fees and costs of

suit.

Case 1:13-cv-03606-3BS Document 14 Fiied 10125/13 Pa, 12 of 23 PagelD: 134

COUNT FIVE

CHRISTIAN WHICHARD v. JOHN DOES 21 - 25

41, Plaintiff repeats all of the facts and allegations previously set forth, as if set forth

at length, and incorporates same herein.

42. The fictitiously named defendants, John Does 21 — 25, are individuals and/or

entities who are responsible in tort or contract for the injuries and damages suffered by the

plaintiff in this action, but whose identities have not yet been determined.

WHEREFORE, plaintiff, Christian Whichard, demands judgment against defendants,

John Does 21 —25, for compensatory and punitive damages, interest, attorney's fees and costs of

suit.

COUNT SIX

CHRISTIAN WHICHARD v. WILLINGBORO TWP., CINNAMINSON TWP.. OFFICERS MCKENDRICK, LANGFORD, VETTER, JOHN DOE WILLINGBORO TWP. POLICE OFFICERS 1 - 20, OFFICER TIMOTHY YOUNG and JOHN DOE

CINNAMINSON TWP. POLICE OFFICERS 1 - 20 (CIVIL RIGHTS VIOLATIONS)

43. Plaintiff repeats and realleges all of the allegations previously set forth as if set

forth at length and incorporates same herein.

44. Defendants, Willingboro and Cinnaminson, are public entities that, based on

information and belief, employed defendants, Sergeant James McKendrick, Patrolman Bennie


Lieutenant Timothy Young and John Doe Cinnaminson Township Police Officers 1 - 20.

45. Defendants, Willingboro and Cinnaminson, are responsible for assuring that

Sergeant James McKendrick, Patrolman Bennie Langford, Sergeant Christopher Vetter, John

Doe Willingboro Township Police Officer I - 20, Lieutenant Timothy Young and John Doe

Cinnaminson Township Police Officers I — 20 and all law enforcement officers involved in the

investigation and/or supervision of the execution of the warrant and arrests at plaintiff's

Case 1:13-cv-03606-JRS•Document 14 Filed 10/25/13 Pa, L3 of 23 PagelD: 135

residence, obey all federal, state and local laws and ordinances, and otherwise insure the safety

of the people and property found within the municipalities of Willingboro, Cinnaminson,

Burlington County and the State of New Jersey.

46. On or about September 27, 2011, at approximately 8:00 aim., plaintiff, Christian

Whichard, was lawfully present at his residence located at 58 Buckeye Lane, Township of

Willingboro, County of Burlington, and State of New Jersey.




Township Police Officers 1 - 20, entered into the 58 Buckeye Lane residence in order to execute

a search warrant and, based on information and belief, make arrests.




Township Police Officers I — 20, broke down the door of the residence, held the plaintiff and

other members of the household at gunpoint, and ordered them all to get down on the floor.

49. At the aforementioned date, time and location, while plaintiff was face down on

the floor of his bedroom, he was shot in the back with an assault rifle by an officer executing the

search warrant. The plaintiff sustained serious personal injuries as a result of the shooting and

the gunshot wound that was inflicted upon him.

50. Based on information and belief, it was defendant, Patrolman Bennie Langford

and/or John Doe Willingboro Township Police Officer 1 - 20, and/or John Doe Cinnaminson

Township Police Officers 1 - 20 who shot the plaintiff causing him to sustain serious personal

injuries.

Case 1:13-cv-03606-JBS• Document 14 Filed 10/25113 Pak,, i4 of 23 PagelD: 136

51. At all times relevant to this matter, the shooting of the plaintiff was done without

cause, represented gross misconduct of the part of the defendants and was an unwarranted and

unjustified excessive use of force against the plaintiff.

52. As a result of the activities and misconduct of the defendants plaintiff Whichard

has suffered damages and was deprived of his rights, privileges and immunities secured by laws

of the State of New Jersey, the New Jersey Constitution, by the laws of the United States and the

U.S. Constitution. Defendants, acting under color of state law, willfully, intentionally,

knowingly and concertedly deprived the plaintiff of these rights and engaged in violations of the

Fourth and Fourteenth Amendments of the U.S. Constitution and 42 U.S.C. § 1982, § 1983 and

§ 1988, as well as violations of the equivalent sections of the New Jersey Constitution

specifically Article I §6 and §7 and applicable New Jersey Statutes including N.J.S.A. 10:6-2.


for compensatory damages, punitive damages, interest, attorney's fees and costs of suit.

COUNT SEVEN

CHRISTIAN WHICHARD v. WILLINGBORO TWP., CINNAMINSON TWP., OFFICERS MCKENDRICK, LANGFORD, VETTER. JOHN DOE WILLINGBORO TWP. POLICE OFFICERS 1 - 20, OFFICER TIMOTHY YOUNG and JOHN DOE

CINNAMINSON TWP. POLICE OFFICERS 1 - 20 (CIVIL RIGHTS VIOLATIONS - FAILURE TO TRAIN / SUPERVISE)

53. Plaintiff repeats all of the facts and allegations previously set forth, as if set forth

at length, and incorporates same herein.

54. The damages suffered by the plaintiff were caused by defendants' recklessness

and/or deliberate indifference to the protection of the rights, privileges and immunities

guaranteed by the laws of the State of New Jersey, the New Jersey Constitution, by the laws of

the United States and the U.S. Constitution.

55. Such recklessness and/or indifference constitutes inter alia of the following:

a. Failure to exercise due care under the circumstances;

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b. Permitting defendants, Sergeant James McKendrick, Patrolman Bennie


Lieutenant Timothy Young and John Doe Cinnaminson Township Police Officers I — 20, to

shoot the plaintiff in the back without any cause to do so; use an improper and excessive amount

of force against the plaintiff; fail to properly handle and operate their firearms; point a loaded

firearm at the plaintiff without reason to do so; fail to properly follow orders and directions; fail

to follow proper procedures governing the conduct of law enforcement officers; and otherwise

engage in dangerous, erratic and unsafe conduct with respect to the plaintiff proximately causing

him to sustain serious personal injuries.

c. Failure to properly discipline, restrain and control employees and agents

and permit them to engage in reckless, careless, negligent and outrageous misconduct and

activities;

d. Failure to take adequate precautions in the hiring, retention and training of

Iaw enforcement personnel including Sergeant James McKendrick, Patrolman Bennie Langford,

Sergeant Christopher Vetter, John Doe Willingboro Township Police Officer 1 - 20, Lieutenant

Timothy Young and John Doe Cinnaminson Township Police Officers 1 — 20, thus evidencing a

deliberate indifference to the rights of the citizens of the State of New Jersey and plaintiff

Whichard; and,

e. Failure to properly investigate and/or supervise the investigation and

execution of the search warrant and carrying out of arrests at the plaintiff's residence which

proximately resulted in serious personal injuries to the plaintiff.

56. Defendants, Willingboro and Cinnaminson, are directly liable and responsible for

the acts of defendants, Sergeant James McKendrick, Patrolman Bennie Langford, Sergeant

Christopher Vetter, John Doe Willingboro Township Police Officer I - 20, Lieutenant Timothy

Young and John Doe Cinnaminson Township Police Officers 1 — 20, because they failed to

adequately train, supervise, discipline or in any way control defendants thereby demonstrating a

Case 1:13-cv-03606-JIBS-J„) Document 14 Filed 10/25113 Pag, of 23 PagelD: 138

policy of part of Willingboro and Cinnaminson of condoning misconduct by their respective

police forces. These defendants all were employed by Willingboro and Cinnaminson which

were responsible for their supervision and at all times relevant to this matter the defendants acted

within the scope of their employment and agency.

57. The failure of defendants, Willingboro and Cinnaminson, to take action prevent

the misconduct of defendants, Sergeant James McKendrick, Patrolman Bennie Langford,

Sergeant Christopher Vetter, John Doe Willingboro Township Police Officer 1 - 20, Lieutenant

Timothy Young and John Doe Cinnaminson Township Police Officers 1 — 20, during the

September 27, 2011, execution of the search warrant and arrests at plaintiff's residence

represents the policy of Willingboro and Cinnaminson and which exhibits recklessness and/or

deliberate indifference to the constitutional rights of its citizens, including plaintiff Whichard,

with whom police come in contact and such conduct is directly linked to the violation of

constitutional rights of the citizens of the State of New Jersey.

58. As a result of the misconduct of Willingboro, Cinnaminson, Sergeant James


Township Police Officer I - 20, Lieutenant Timothy Young and John Doe Cinnaminson

Township Police Officers 1 — 20, plaintiff Whichard suffered damages and was deprived of his

rights, privileges and immunities secured by laws of the State of New Jersey, the New Jersey

Constitution, by the laws of the United States and the U.S. Constitution. Defendants, acting

under color of state law, willfully, intentionally, knowingly and concertedly deprived the

plaintiff of these rights and engaged in violations of the Fourth and Fourteenth Amendments of

the U.S. Constitution and 42 U.S.C. §1982, §1983 and § 1988, as well as violations of the

equivalent sections of the New Jersey Constitution specifically Article I §6 and §7 and applicable

New Jersey Statutes including N.J.S.A. 10:6-2.



Case 1:13-cv-03606-JBS-u Document 14 Filed 10/25/13 Page 17 of 23 PagelD: 139

COUNT EIGHT

CHRISTIAN WHICHARD v. OFFICERS MCKENDRICK, LANGFORD, VETTER JOHN DOE WILLINGBORO TWP. POLICE OFFICERS 1 - 20 OFFICER

TIMOTHY YOUNG and JOHN DOE CINNAMINSON TWP. POLICE OFFICERS l - 20 (CIVIL RIGHTS VIOLATIONS —

EXCESSIVE USE OF FORCE / POLICE BRUTALITY) .




Bennie Langford, Sergeant Christopher Vetter, John Doe Willingboro Township Police Officer 1

- 20, Lieutenant Timothy Young and John Doe Cinnaminson Township Police Officers 1 — 20,

used excessive force and otherwise engaged in police brutality with respect to plaintiff Whichard

when defendants ordered plaintiff to the floor and then proceeded to shoot him the back causing

him to sustain a gunshot wound and related serious personal injuries which are permanent in

nature.

61. At all times relevant hereto, plaintiff Whichard fully complied with commands of

the defendant officers, never engaged in any threatening behavior, was at all times unarmed, did

not attempt to flee the scene and was otherwise fully cooperative with the defendant officers.



Young and John Doe Cinnaminson Township Police Officers 1 — 20, failed to use reasonable

force with respect to the plaintiff and had no justification for use of deadly force against the

plaintiff in this matter.

63. As a result of the misconduct of defendants, Sergeant James McKendrick,

Patrolman Bennie Langford, Sergeant Christopher Vetter, John Doe Willingboro Township

Police Officer 1 - 20, Lieutenant Timothy Young and John Doe Cinnaminson Township Police

Officers 1 — 20, plaintiff Whichard suffered damages and was deprived of his rights, privileges

and immunities secured by laws of the State of New Jersey, the New Jersey Constitution, by the

Case 1:13-cv-03606-JBS-d,) Document 14 Filed 10125113 Pars _ _.9 of 23 PagelD: 141

suffering, great emotional distress and mental anguish, and incurring a substantial deprivation of

his civil and constitutional rights.



COUNT TEN

CHRISTIAN WHICILARD v. WILLINGBORO TWP., CINNAMINSON TWP., and ABC MUNICIPALITIES 1 - 5

(CIVIL RIGHTS VIOLATIONS)




Bennie Langford, Sergeant Chris Vetter, John Doe Willingboro Township Police Officer 1 - 20,

Lieutenant Timothy Young and John Doe Cinnaminson Township Police Officers 1 -- 20, were

all employed as law enforcement officers with Willingboro, Cinnaminson and/or ABC

Municipalities I — 5.

69. Defendants, Willingboro, Cinnaminson and/or ABC Municipalities 1 — 5, had

personal knowledge of the excessive use of force, mishandling of firearms, and other misconduct

of defendants, Sergeant James McKendrick, Patrolman Bennie Langford, Sergeant Christopher


John Doe Cinnaminson Township Police Officers I — 20, in that they engaged in shooting the

plaintiff in the back without any cause to do so; using an improper and excessive amount of force

against the plaintiff; failing to properly handle and operate their firearms; pointing a loaded

fireaini at the plaintiff without reason to do so; failing to properly follow orders and directions;

failing to follow proper procedures governing the conduct of law enforcement officers; and,

otherwise engaging in dangerous, erratic and unsafe conduct with respect to the plaintiff causing

plaintiff to sustain serious personal injuries.

Case 1:13-cv-03606,113S-uS Document 14 Filed 10/25113 Pag 20 of 23 PagelD: 142

70. Defendants, Willingboro, Cinnaminson and/or ABC Municipalities 1 — 5,

negligently and/or knowingly failed to report the misconduct and excessive use of force by



John Doe Cinnaminson Township Police Officers 1 —20, and otherwise failed to take any action

against the defendants.

71. Defendants, Willingboro, Cinnaminson and/or ABC Municipalities 1 — 5, while

acting under color of state law, failed to report the misconduct and excessive use of force by



John Doe Cinnaminson Township Police Officers 1 —20, and otherwise failed to take any action

against the defendants thus concealing, covering up and obfuscating the actions of these

defendants and aiding and abetting their misconduct.



COUNT ELEVEN

CHRISTIAN WHICHARD v. WILLINGBORO TWP., CINNAMINSON TWP., OFFICERS MCKENDRICK, LANGFORD. VETTER, JOHN DOE WILLINGBORO TWP. POLICE OFFICERS 1 - 20, OFFICER TIMOTHY YOUNG and JOHN DOE

CINNAMINSON TWP. POLICE OFFICERS 1 - 20 ABC MUNICIPALITIES 1— 5 and JOHN DOES 1— 25

(VIOLATIONS OF 42 U.S.C. §1983 and N.J.S.A. 10:6-21



73. Defendants, acting under color of state law, willfully, intentionally, knowingly

and concertedly deprived plaintiff of his rights, privileges, and immunities secured by the

Constitution and the laws of the United States, including the Fourth and Fourteenth Amendments

Case 1:13-cv-03606-JBS-, Document 14 Filed 10/25/13 Pat. 1 of 23 PagelD: 143

as well as the New Jersey Constitution specifically Article I §6 and §7 and applicable New

Jersey Statutes including N.J.S.A, 10:6-2, by inter alia:

a. Needlessly and unreasonably subjecting the plaintiff to being shot in the

back sustaining serious personal injuries,

b. Engaging in unwarranted and improper excessive use of force against the

plaintiff;

c. Falsely arresting the plaintiff;

d. Falsely imprisoning the plaintiff;

e. Interfering with plaintiffs right to seek redress for injuries by failing to

report the misconduct and violations of the defendant officers involved in the shooting and

failing to take action against the defendant officers for their misconduct and violations;

f. By otherwise combining and conspiring to deprive plaintiff of his

constitutionally protected rights;

g. Implementing, maintaining and tolerating policies, practices and customs

which resulted in the misconduct, excessive use of force, and illegal actions and proximately

caused plaintiff's injuries as heretofore alleged; and,

h. Denying plaintiff due process of law.

74. These aforesaid violations are in violation of 42 U.S.C.' §1983 and of N.J.S.A.

10:6-2 and the constitution and laws of the United States and constitution and laws of the State

of New Jersey.



Case 1:13-cv-03606-JI3S-J,) Document 14 Piled 10/25/13 Pa._ L2 of 23 PageID: 144

COUNT TWELVE

CHRISTIAN WHICHARD v. WILLINGBORO TWP., CINNAMINSON TWP., OFFICERS MCKENDRICK, LANGFORD, VETTER, JOHN DOE WILLINGBORO TWP. POLICE OFFICERS 1 - 20. OFFICER TIMOTHY YOUNG and JOHN DOE

CINNAMINSON TWP. POLICE OFFICERS 1 - 20 ABC MUNICIPALITIES 1— 5 and JOHN DOES 1 — 25

(VIOLATIONS OF 42 U.S.C. 1.988)



76. The actions and misconduct of defendants were in violation of the Constitution

and laws of the United States and redress may be had there under. However, should such laws or

Constitution be inadequate or deficient to compensate the plaintiff for the wrongful acts of the

defendants, plaintiff is entitled, pursuant to 42 U.S.C. §1988, to such additional relief as

applicable under the Constitution and the under the laws of the State of New Jersey.

77. Pursuant to the New Jersey Tort Claims Act N.J.S.A. 59:2-2, to the extent the

personal resources of the individual defendants herein are deficient in the amounts necessary to

furnish a suitable remedy to the plaintiff, defendants, Willingboro, Cinnaminson, ABC

Municipalities 1 — 5 and John Does 1 — 25, are liable for such deficiency.



PRAYER FOR RELIEF



79. Plaintiff demands judgment against all defendants and each of them, jointly and

severally as follows:

a. Where applicable, plaintiff demands judgment for compensatory damages.

b. Where applicable, plaintiff demands judgment for punitive damages and

exemplary damages, and any and all other damages allowed by law.

Case 1:13-cv-03606-JE3S-J.D Document 14 PiLed 10/25/13 Pag of 23 PagelD: 145

c. Plaintiff demands all equitable and other relief as the Court deems just and

proper.

d. Plaintiff demands judgment of attorney's fees with interest and costs of

suit.

DEMAND FOR JURY TRIAL

The Plaintiff hereby demands trial by jury pursuant to the Federal Rules of Civil

Procedure 38b on all issues so triable herein.

DESIGNATION OF TRIAL COUNSEL

Charles H. Nugent, Jr., Esquire, is hereby designated as trial counsel for the plaintiff in

the within matter.

LAW OFFICE OF CHARLES H. NUGENT, JR.

Dated: By: s/ Charles H. Nugent, Jr. Charles H. Nugent, Jr., Esquire

CHN:jpb Attorney for Plaintiff

GENERAL RELEASE

THIS GENERAL RELEASE (hereinafter "this Release") is entered into by and between CHRISTIAN M. WHICHARD (hereinafter "Plaintiff') and PATROLMAN BENNIE LANGFORD (hereinafter "Defendant") as well as the Defendant's insurance carriers, the Burlington County Municipal Joint Insurance Fund, Qual-Lynx, and the New Jersey Municipal Excess Liability Fund, any of their parents, subsidiaries, affiliates, assigns, agents, employees, shareholders and successors (hereinafter "insurance carriers") and the Defendants' attorneys and their firms, parents, subsidiaries, affiliates, assigns, agents, employees, shareholders and successors.

WHEREAS, Plaintiff, CHRISTIAN M. WHICHARD, filed a Complaint against Defendant and others in the United States District Court, Camden Vicinage, entitled CHRISTIAN M. WHICHARD v. WILIANGBORO TOWNSHIP, ET AL, bearing Civil Action No. 1:13-cv-03606-JBS-JS, and has asserted claims against the Defendants in connection with alleged events arising out of Defendant's interaction with the plaintiff on or about September 27, 2011 in or around premises situated at 58 Buckeye Lane in Willingboro, New Jersey; and

WHEREAS, the parties settled all controversies between them, including Plaintiffs claims bearing Civil Action No. 1:13-cv-03606-113S-JS, and any and all related claims which could have been asserted, whether they are presently known or unknown; and

WHEREAS, Defendant vigorously and wholly denies each and every allegation made by Plaintiff, and enters into this settlement for reasons other than the merits of Plaintiffs claims, including to avoid the cost of litigation; and

NOW, for and in consideration of the agreements, covenants and conditions herein contained, the adequacy and sufficiency of which is hereby expressly acknowledged by the parties hereto, it is agreed as follows:

I . Terms of Settlement:

(a) The Defendant, by and through the insurance carriers hereby agrees to pay Plaintiff; CHRISTIAN M. WHICHARD, the total settlement amount of TWO HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($250,000.00), said settlement amount being fully and completely inclusive of all attorney's fees and costs incurred by counsel for Plaintiff and interest;

(b) Plaintiff agrees that, but for this General Release, he would not be entitled to the aforesaid payment and other terms of settlement described in the subsections under this paragraph;

(c) The settlement amount shall be paid by Defendant in the form of one or more checks. Payment shall be made within thirty (30) days upon receipt by Richard L. Goldstein, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin of an original of this Release executed by the Plaintiff; along with a signed original of a Stipulation of Dismissal with Prejudice ("Stipulation") in the

matter bearing Civil Action No. 1:13-cv-03606-JBS-JS, a W-9 executed by Plaintiffs counsel, and a Child Support Judgment Search for the Plaintiff as required by the applicable statute;

(d) Tax Consequences. The parties understand and agree that an IRS Form 1099 designated in a settlement amount as "other income" may be issued. Plaintiff agrees to assume full liability for applicable state, federal and local taxes that may be required by law to be paid with respect to any settlement of payment described herein. Plaintiff further agrees that in the event that the Internal Revenue Service or any other taxing authority deems any tax, interest, penalties or other amounts to be due from the Defendant with respect to his settlement, Plaintiff will fully and completely indemnify the Defendant and their insurance, carrier(s) for any sums the Defendant may be required to pay, including reasonable attorneys' fees and costs. It is the intent of the parties that the payments in paragraph 1 (a) above will be the Defendant's total payments to or for the benefit of Plaintiff. Plaintiff acknowledges and agrees that he is solely and completely responsible for any tax obligations, liabilities, or consequences arising out of the execution of this General Release and the payment under paragraph 1. The Parties intend this payment to compensate Plaintiff for pain and suffering and/or personal injury. Should it be determined that any portion of the payment described in paragraph 1 is taxable, Plaintiff shall be solely responsible for same. Plaintiff further agrees that he shall indemnify and hold harmless Defendant or their insurance carriers) for any and all claims, liabilities or consequences arising out of any unsatisfied tax obligations or liabilities. Plaintiff acknowledges that neither Defendant, nor any of its representatives or attorneys, nor Plaintiff, has made any promise, representation, or warranty, express or implied, regarding the tax consequences of the payment under paragraph I;

(e) Plaintiff CHRISTIAN M. WHICHARD, certifies and warrants to the Defendant that he has no outstanding judgments for child support and that an appropriate judgment search has been conducted. Plaintiff agrees to provide a copy of said judgment search to the Defendant in accordance with the applicable statute as part of the settlement. In the event Plaintiff has outstanding child support judgments, Plaintiff hereby agrees that he will satisfy all such outstanding judgments out of the proceeds of this settlement and that he will fully and completely indemnify the Defendant for any sums the Defendant may be required to pay, including reasonable attorney's fees and costs, with respect to any such outstanding judgments; and

(f) Plaintiffs allegations against the Defendant arise out of alleged conduct which he claims caused personal injury, infliction of emotional distress and other related damages.

2. Dismissal of Action: Plaintiff understands and agrees that Richard L. Goldstein, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, counsel for the Defendant, will file the executed original of the Stipulation of Dismissal with Prejudice with the United States District Court for the District of New Jersey, Camden Vicinage The Plaintiff understands and

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agrees that the terms of the aforesaid dismissal are expressly incorporated by reference within this General Release as if fully set forth herein.

3. Release in Consideration for the Payment and the Consideration Provided for in This Agreement: Plaintiff personally and for his estate and/or heirs waives, releases and gives up any and all claims, demands, obligations, damages, including punitive damages, liabilities, causes of action and rights, in law or in equity, known and unknown, that he may have against the Defendant, their insurance carriers and their agents, representatives, and respective successors and assigns, heirs, executors and personal or legal representatives, based upon any act, event or omission occurring before the execution of this Release including, but not limited to, any events related to, arising from, or in connection with Plaintiffs interactions with the Defendant Plaintiff specifically waives, releases and gives up any and all claims arising from or relating to or association with the Defendant based upon any act, event or omission occurring before the execution of this Settlement, including but not limited to, any claim that was asserted or could have been asserted under any Federal and/or State statutes, regulations and/or common law, expressly including, but not limited, to any potential claim regarding:

(a) The National Labor Relations Act;

(b) Title VII of the Civil Rights Act of 1964;

(c) Sections 1981 through 1988 of Title 42 of the United States Code;

(d) The Employment Retirement Income Security Act of 1974;

(e) The Immigration Reform Control Act;

(f) The Americans with Disabilities' Act of 1990;

(g) The Age Discrimination & Employment Act of 1967;

(h) The Fair Labor Standards;

(i) The Occupational Safety & Health Act;

(j) The Family & Medical Leave Act of 1993;

(k) The Equal Pay Act;

(1) The New Jersey Law Against Discrimination;

(m) The New Jersey Minimum Wage Law;

(n) The Equal Pay Law for New Jersey;

(o) The New Jersey Worker Health & Safety Act;

(p) The New Jersey Family Leave Act;

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(q) The New Jersey Conscientious Employee Protection Act;

(r) Any anti-retaliation provision of any statute or law;

(s) Any other federal, state or local, civil or human rights law or any other local, state or federal law, regulation or ordinance, any, provision of any federal state constitution, any public policy, contract, tort or common law, or any losses, injuries or damages (including back pay, front pay, liquidated, compensatory or punitive damages, attorney's fees and litigation costs);

(t) Any common law claims for negligence, assault, battery, infliction of emotional distress and any and all other common law claims arising out of this litigation; and

(u) 42 U.S.C. § 1983, 1988.

(v) The New Jersey Civil Rights Act and

(w) The New Jersey Constitution.

4. Attorney's Fees and Costs: Plaintiff agrees that no amounts other than the payments to be made pursuant to paragraph 1 of this Release shall be sought by or owed to Plaintiff or his attorney in connection with this matter.

5. No Admission of Liability: It is expressly understood that neither the execution of this agreement nor any other action taken by the Defendant in connection with Plaintiff's alleged claims or this settlement, constitutes an admission by the Defendant of any violation of any law, duty or obligation, or that any decisions or actions taken in connection with Plaintiff was unwarranted, unjustified, retaliatory, discriminatory, wrongful or otherwise unlawful. It is further understood that the Defendant have entered into this agreement for reasons other than the merits of Plaintiffs claims including to avoid the cost of litigation and that the Defendant specifically deny any liability to Plaintiff or to any other person.

6. Entire Agreement This Release contains the sole and entire agreement between the parties hereto and fully supersedes any and all prior agreements and understandings pertaining to the subject matter hereof. Plaintiff represents and acknowledges that, prior to executing this Release, he consulted his attorney (Charles E Nugent, Jr., Esq.), had ample time to do so, obtained the advice of counsel prior to making the decision to execute the Release, and that Plaintiff has not relied upon any representation or statement not set forth in this Release made by any other party thereto, or their counsel or representatives, with regard to the subject matter of this Release. No other promises or agreements shall be binding unless in writing, signed by the parties hereto, and expressly stated to represent an amendment to this Release.

7. Confidentiality: The parties agree and promise that, to the extent permitted by law, and unless directed to do so by Court Order or Subpoena, they will not disclose, in any manner whatsoever, any information regarding the existence or terms of this General Release or the facts and circumstances giving rise to the claim(s) in the Action, to any person or organization, public

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or private, within the United States of America, except that Plaintiff may disclose said information to his "immediate family members" as defined under the New Jersey Family Leave Act, or to his accountants, attorneys, doctors, the appropriate taxing authorities or other professionals.

8. Severabilitv: Plaintiff agrees that if any Court declares any portion of this agreement unenforceable, the remaining portion shall be fully enforceable.

9. Applicable Law: This General Release shall be construed and interpreted in accordance with the laws of the State of New Jersey. Plaintiff agrees that any action to enforce or interpret this Release st,Ril only be brought in a court of competent jurisdiction of the State of New Jersey or the Federal Courts of New Jersey.

10. Liens: In reaching this Release, the parties have paid consideration and attention to possible entitlement to the Plaintiff to receipt of Medicare or Medicaid benefits under 42 U.S.C. § 1395(y) as well as the entitlement of the Centers for Medicare and Medicaid Services to subrogation and intervention pursuant to 42 U.S.C. § 1395 (y)(b)(2) to recover any overpayment made by Medicare. It is not the purpose of this Release to shift to Medicare or Medicaid the responsibility for the payment of medical expenses for the treatment of injury-related conditions. This Release is intended to provide Plaintiff with a lump sum which will foreclose Defendant's, their carriers' and defense counsel's responsibility for payments of any injury-related medical expenses, including, but not limited to, funds for Medicare-covered, or non-Medicare covered, or non-reimbursable medical expenses.

Plaintiff agrees to timely provide Defendant with a copy of all letters or other written correspondence from Plaintiff or Plaintiffs counsel notifying the Centers for Medicare and Medicaid Services (CMS) or any other governmental entity that Plaintiffs claims or lawsuit have settled, if applicable.

As to any future medical payments, Plaintiff and Plaintiffs counsel agree that it is Plaintiffs sole and continuing responsibility to maintain an accounting of all medical expenses relating to this claim or lawsuit, and sufficiently set aside and administer such funds for future medical expenses to protect Medicare's interests against future payments for medical expenses relating to this claim or lawsuit All future medical care and costs are the sole responsibility of Plaintiff, have been factored into the settlement amount, and are to be paid out of the proceeds of this settlement, if applicable.

While it is impossible to accurately predict the need for medical treatment, this settlement is based upon a good faith determination of the parties in order to resolve a disputed claim. The parties have attempted to resolve this matter in compliance with both State and Federal law and it is believed that the settlement terms adequately consider and protect Medicare's interests and do not reflect any attempt to shift responsibility of treatment to Medicare pursuant to 42 U.S.C. §1395(y)(b). The parties acknowledge and understand that any present or future action or decision by CMS or Medicare on this settlement, or Plaintiffs eligibility or entitlement to Medicare or Medicare payments, will not render this Release void or ineffective, or in any way affect the finality of this settlement.

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As part of the consideration, Plaintiff, for himself, his heirs, legal representatives, administrators, executors and assigns hereby agrees to indemnify and hold harmless the Defendant, their insurance carrier, their attorneys, and all other persons and entities released in this Release for and from any and all claims, demands, actions and causes of action of whatever nature or character, including any claims asserted by Medicare or Medicaid whether for compensation, contribution, indemnity, punitive damages, attorney's fees and expenses of litigation, medical expenses, funeral expenses, or other damages, and whether asserted directly or by way of crossolaim, third party claim, or otherwise, that have been or may hereafter be asserted against them by any person or entity, arising out of resulting from, or in any manner connected with the subject matter of the claim and this Release. This agreement to indemnify and hold harmless shall include, but is not limited to, indemnification for all attorney's fees and expenses of litigation incurred in the course of defending any claims or actions arising from such subject matter, as well as any judgments, verdicts OT awards of any kind or nature whatsoever.

Furthermore, in accordance with Perreira v. Rediaer, 330 NJ. Super. 445 (App. Div. 2000) and all applicable law, Plaintiff personally guarantees and warrants that all liens and/or monetary obligations owed, whether public, private or otherwise, for any medical, wage or other benefits received by Plsintiff or paid by any third party on Plaintiffs behalf has been satisfied and paid off in its entirety by Plaintiff and/or an authorized agent out of the funds received pursuant to this Release. Plaintiff further agrees and warrants that in the event any third party seeks to recover outstanding liens or judgments from the Defendant with regard to the settlement, Plaintiff will fully and completely indemnify the Defendant for any sums the Defendant may be required to pay, including reasonable attorneys' fees and costs.

11. No Claims Pennitted/Covenant Not To Sue: Plaintiff waives his right to file any charge or complaint on his own behalf and/or to participate as a complainant, a Plaintiff; or charging party in any charge or complaint which may be made by any other person or organization on his behalf, with respect to anything which has happened up to the execution of this Agreement before any Federal, State or Local Court or administrative agency against the Defendant, except if such waiver is prohibited by law. Should any charge or complaint be filed, Plaintiff agrees that he will not accept any relief or recovery -therefrom. Plaintiff confirms that no such charge, complaint or action exists in any forum or form other than the Complaint bearing Civil Action No. 1:13-cv-03606-.113S-JS and covenants not to file any charge, complaint or action in any forum or form against the Defendant based upon anything which is encompassed by the terms of this Agreement. Except as prohibited by law, in the event that any such charge, complaint or action is filed by Plaintiff, it shall be dismissed with prejudice upon presentation of this Agreement and Plaintiff shall reimburse the Defendant for the cost, including attorney's fees, of defending any such action.

12. Nonexclusivitv of Remedies: The remedies provided for in the event any section of this Release is breached by the Plaintiff as discussed above shall not be construed to be exclusive and do not bar any other claims for relief, either at law or equity.

13. Strict Adherence: The failure of the parties to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of the Agreement.

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14. No Assignment: No party to this Agreement may assign any of its benefits or delegate any of its duties thereunder without the express written consent of all other parties evidenced by a duly authorized and executed written instrument.

15. No Waiver of Breach: The waiver of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach.

16. Effective Date: This Release will become effective on the date on which it has been executed.

BY SIGNING MIS AGREEMENT, CHRISTIAN M. WHICHARD. STATES THAT:

a). HE HAS READ IT;

b). HE UNDERSTANDS IT AND KNOWS THAT HE IS OWING UP IMPORTANT RIGHTS, AND THAT HE IS GIVING UP ANY SUCH RIGHTS OR CLAIMS IN EXCHANGE FOR A PAYMENT TO WHICH HE WAS NOT ALREADY ENTITLED;

c). HE AGREES TO ABIDE BY ALL OF THEIR OBLIGATIONS IN SAID AGREEMENT;

d). HIS ATTORNEY(S) NEGOTIATED THIS GENERAL RELEASE WITH HIS KNOWLEDGE AND CONSENT;

e). HE HAS BEEN ADVISED TO CONSULT WITH HIS ATTORNEY(S) PRIOR TO EXECUTING THIS SETTLEMENT AGREEMENT AND RELEASE, AND HAS, IN FACT, DONE SO; AND

f). HE HAS SIGNED THIS SETTLEMENT AGREEMENT AND RELEASE KNOWINGLY AND VOLUNTARILY.

PLEASE READ CAREFULLY. THIS AGREEMENT HAS IMPORTANT LEGAL CONSEQUENCES.

IN WITNESS WHEREOF, Plaintiff has hereunto signed this Release the day and year below written.

DATED: 10 9:1 - 15

1614.40/

STIAN M. WHICHARD, Plaintiff

WITNESSED BY: SSN:

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c‘A.. a4)er lir_

STATE OF NEW fl4tt1 ;ss.

I CERT IKY. tha; on dA, aZ 7' , 2015, (1/4/571/4.1./ /11 rd.bbes , personally came before me and acknowledged under oath, to my

satisfaction, that this person (or if more than one, each person):

(a) is named in and personally signed this document; and

(b) signed, sealed and delivered this doe le entas his or her act and deed.

DATED: /0 V/5"

Notary 1p 'lie My Commission Expires: DEBORAH A. AVERSA

A Notary Public of New Jersey My Commtssion Expires 7/2D/17

Prenared bv:

Richard L Goldstein, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Woodland Falls Corporate Park 200 Lake Drive East, Suite 300 Cherry Hill, NJ 08002 (856) 414-6000

LEGAL/I 02269846ml

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Documents

Case 1:13-cv-03606-JB. ; Document 14 Filed 10/25/13 …ogtf.lpcnj.org/2015/2015065P1/WillingboroWhichard.pdfCase 1:13-cv-03606-JB. _; Document 14 Filed 10/25/13 PE 1 of 23 Pagers: