IN THE MATTER OF:
Human Rights Defense Centerv. Milwaukee County, Wisconsin, eta/.
Case No. 2:24-cv-981-NJ
U.S. DISTRICT COURT, EASTERN DISTRICT OF WISCONSIN
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the ..Agreement") is made
and entered into as of the date this Agreement is executed, by and among Milwaukee County,
Wisconsin, and Milwaukee County Sheriff Denita R. Ball (collectively referred to as
"Defendants"), on the one hand, and the Hwnan Rights Defense Center ("HRDC"), on the other.
Defendants a n d ~ are collectively refe~ed to herein as ''the P8!1ies."

I.

Recitals.
A.

At all times relevant hereto, Defendant Ball was and is the duly-elected Sheriff of

Milwaukee County, Wisconsin.
B.

At all times relevant hereto, HRDC is and was a not-for-profit charitable

organization recognized under§ 501(c)(3) of the Internal Revenue Code, incorporated in the state
of Washington and with principal offices in Lake Worth, Florida. HRDC publishes Prison Legal

News and Criminal Legal News, monthly journals containing criminal justice and corrections news
and analysis. HRDC also distributes the books Prisoners ' Guerilla Handbook: A Guide to

Correspondence Programs in the United States and Canada, and Protecting Your Health and
Safety.
C.

This Agreement addresses and resolves certain disputes arising from and relating

to allegations made by HRDC that Defendants violated HRDC's First and Fourteenth Amendment
rights with respect to the handling and delivery of its publications at the Milwaukee County Jail

(the "Jail"), and the alleged lack of due process associated with Defendants' alleged failure to
provide HRDC notice and opportunity to be heard regarding rejected or censored publications.
D.

The Parties previously resolved HRDC's claims for injunctive relief by way of a

Settlement Agreement executed on June 25, 2025, and thereafter filed with the Court as Exhibit A
to the Stipulated Order entered by the Court on June 30, 2025 (Docket No. 37). Pursuant to that
June 25, 2025 Settlement Agreement, Defendants stipulated to liability on HRDC's claims.
E.

In order to avoid the expense, delay, uncertainty, and burden of additional litigation,

the Parties have agreed to a settlement of the monetary aspects of this case, including the amount
of ~ages; attorney's fe~s and costs to be paid t.o HRDC. This written Agreement memorializes
the tenns of the settlement reached by Defendants and HRDC as to those issues. Nothing in this
Agreement shall effect the continuing validity of the Settlement Agreement executed on June 25,
2025, referenced in Recital D above.
II.

Monetary Agreement and Dismissal.
I.

Defendants agree that Milwaukee County's insurer shall pay to HRDC a total of

One Hundred Eighty Thousand and 00/100 Dollars ($180,000.00) in full and final settlement of
all claims for non-injunctive relief that were brought or could have been brought in this matter,
including but expressly not limited to any and all claims for damages, fees, and costs, including
attorney's fees. Defendants will send said payment to HRDC's counsel, Godfrey & Kahn, S.C., on
or before November 28, 2025.
2.

In consideration ofthe above terms agreed to by Defendants, HRDC, does, for itself

and its agents, servants, employees, officers, directors, successors, assigns, attorneys, and all other
persons acting by, through, or in concert with any of them, hereby release, waive, and forever
discharge Milwaukee County, Milwaukee County Sheriff Denita R. Ball, and their respective

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agents, servants, employees, elected officiaJs, heirs, successors, assigns, insurers, attorneys, and
all other persons acting by, through, or in concert with any of them, from any and all claims,
liability, actions, causes of action, demands, obligations, agreements, promises, damages, costs,
attorney's fees, other fees, and expenses of every kind and nature whatsoever, whether past or
future, whether in law or in equity, and whether now known or that could have been known,
relating to or arising from any event occurring on or before the date of this Agreement, including
but expressly not limited to the events at issue in the lawsuit pending in the U.S. District Court for
the Eastern District of Wisconsin under Case No. 2:24-CV-981-NJ.
3.

·

In further c~nsideration of the abo~e terms·agreed to by f.?efendants, HRDC agr~es

to the dismissal with prejudice of all remaining claims in the instant case. Said dismissal shall not
affect the Court's retention of jurisdiction for the purposes described in paragraph 9 of the
Settlement Agreement executed on June 25, 2025, referenced in Recital D above.

III.

Miscellaneous Provisions.
4.

Defendants and HRDC acknowledge and agree that they have been represented by

legal counsel with respect to the matters that are the subject of this Agreement and that they have
entered into this Agreement freely and voluntarily.

5.

The Parties agree that facsimile or PDF signatures are deemed to be originals and

that this Agreement may be executed in counterparts. Upon signature of the Parties, this
Agreement shall be deemed executed, final, and binding.
6.

The signatories to this Agreement who sign on behaJf of another hereby warrant

that they have the full authority to sign on behalfof that person or entity.

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7.

The Parties agree that this case concerns the First and Fourteenth Amendment rights

of a publisher, and is therefore not a case concerning prison conditions as defined in the Prison
Litigation Refonn Act of 1996.
8.

This Agreement and the Settlement Agreement executed on June 25, 2025,

referenced in Recital D above set forth the entire understanding between the Parties with respect
to the claims in this case, and there are no representations, warranties, agreements, arrangements,
or undertakings, oral or written, between or among the Parties hereto relating to the subject matter
of this Agreement and the Settlement Agreement executed on June 25, 2025, referenced in Recital
.

.

.

D abov~ which' are not fullr expressed in those two agreements. This ·_ Agreement and the
Settlement Agreement executed on June 25, 2025, referenced in Recital D above supersede all
prior negotiations, representations, statements, or promises between the Parties, whether written
or oral, as to these claims.
9.

This Agreement or any uncertainty or ambiguity herein shall not be construed

against any of the Parties but shall be construed as if all Parties to this Agreement jointly prepared
this Agreement.
10.

This Agreement shall be binding upon and inure to the benefit of Defendants and

HRDC and their respective successors and assigns.
11.

The obligations imposed by this Agreement are severable. If for any reason a part

of this Agreement is invalid or unenforceable, that detennination shall not affect the remainder of
this Agreement.
12.

The terms of this Agreement may not be modified or amended, and no provision

hereof shall be deemed waived, except by written agreement signed by HRDC, Milwaukee
County, Wisconsin, and the Milwaukee County Sheriff.

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Dated this \'!>'~ayofNovember, 2025.
Stipulated and Agreed to:

Denita R. Ball, Sheriff, on her ehalf
and on behalf of Milwaukee County,
Wisconsin

Paul
Execu

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