Katie Brennan Settles Civil Suit Over Alleged Rape for $1 Million
The settlement includes a payment of $600,000 to a charity of Brennan's choosing to aid victims of sexual harassment and assault in Hudson County, and a payment to Brennan's attorneys of $400,000 for legal fees, according to a release from the governor's office.
May 15, 2020 at 05:01 PM
6 minute read
New Jersey announced on Friday that it has reached a $1 million settlement with Katie Brennan, the woman who accused a campaign staffer for Gov. Phil Murphy of raping her in spring 2017 following an event.
The settlement of the civil suit includes a payment of $600,000 to a Hudson County charity to aid victims of sexual harassment and assault, and a payment to Brennan's attorneys of $400,000 for legal fees, according to a release from the governor's office.
The state will pay $800,000 toward the settlement, and Murphy for Governor Inc.'s insurer will pay $200,000, according to the release. The state also is to pay mediator fees of about $20,000.
Among the nonmonetary terms of the settlement: the New Jersey Division of Equal Employment Opportunity/Affirmative Action in the New Jersey Civil Service Commission will now allow an alleged victim of discrimination, harassment or retaliation to be accompanied by an adviser or support person during an interview by a division investigator.
The state also agreed to allow Brennan to make a presentation about additional proposed policy reforms to the state attorney general's Sexual Assault Nurse Examiner Council, the release said.
Also, Albert Alvarez, who Brennan accused of raping her, and Brennan have agreed to participate in a restorative justice process, while Alvarez also has agreed to attend an anti-sexual harassment class. Alvarez has denied sexually assaulting Brennan.
Brennan's allegations touched off a media maelstrom after she went public in October 2017 to a national news outlet of how Alvarez allegedly raped her six months earlier, and how the Murphy administration allegedly stonewalled her every effort to hold Alvarez, and the governor's office that eventually hired him to a new role, accountable.
After working on the campaign, Brennan, now 32, was hired by the Murphy transition team as chief of staff at the New Jersey Housing and Mortgage Finance Agency. Alvarez was hired to head the New Jersey Schools Development Authority. He abruptly resigned in October of that year amid mounting pressure over the sexual misconduct allegations and the publicity they generated.
The incident put the Murphy administration on the defensive well into last year. The saga was the subject of an extensive, monthslong legislative committee investigation that last summer issued a scathing report of the handling of it by the Murphy administration, and led to a half dozen anti-sexual harassment bills to better protect state government employees named after Brennan.
Brennan v. Alvarez was filed in Mercer County Superior Court in January 2019. A key point of contention in the suit revolved around campaign confidentiality requirements that prevented Brennan from speaking publicly throughout much of the past two years, according to Brennan's attorney.
This past February, attorneys for Murphy for Governor Inc. agreed to the entry of a consent order permitting anyone who signed a nondisclosure agreement with the Murphy campaign to be free to disclose facts relating to the campaign's employment policies, practices or procedures, their personal experience and treatment, and the work environment on the campaign.
In Friday's settlement, in addition to implementing survivor-centric policy reforms, the state also agreed to a number of Brennan's recommendations for changes to state policy.
The release noted that, in settling the matter, the parties made no admission of wrongdoing or liability.
Calls and emails to Ruby Kumar-Thompson at Cleary, Giacobbe, Alfieri & Jacobs in Matawan, the attorney for Alvarez, were not immediately returned Friday. Alvarez has maintained his innocence since Brennan went public with her allegations.
The release included statements from multiple parties, including Brennan.
"Speaking out gave me strength. My position allowed me to advocate on behalf of myself and other survivors," Brennan said. "This $600,000 fund will allow low-income survivors in Hudson County to seek justice who may not otherwise be able."
"We have made great progress through awareness, legislation, and the reforms in this agreement," Brennan said in a separate statement through her attorney. "Yet, we have a long way to go. These conversations so often focus on the victims and the perpetrators, when really we need to talk about everyone else that's involved that doesn't take responsibility. Systems and culture are people. Victims, perpetrators, those in positions of power– all of us. We are all accountable for ending sexual violence."
Smith Eibeler of Holmdel, the law firm that represented Brennan, will donate the entire $600,000 she receives to The Waterfront Project, a 501(c)(3) nonprofit organization dedicated to assisting Hudson County residents in need with pro bono representation, according to the release.
The Waterfront Project will use the donation from Brennan to fund legal services and support for low-income survivors of sexual assault and harassment, said Katy McClure, a partner at Smith Eibeler who represented Brennan.
"This case—and this resolution—should serve as a beacon of hope to other survivors, to those who are thinking about coming forward, to those who have been afraid to come forward, and to those who have come forward and not received justice," McClure said in a statement. "New Jersey is a stronger, better place for survivors—and will continue to improve—thanks to Katie's commitment to change, including establishing a fund to improve the health and welfare of victims of sexual assault."
"This is a fair and reasonable settlement," John Lacey of Connell Foley in Newark, who represented the state, said in a statement. "The State of New Jersey was pleased to resolve this civil litigation with Ms. Brennan and work collaboratively and constructively with her and her counsel to institute meaningful long-term policy reforms to support survivors in the workplace."
Under the 16-page settlement agreement, all parties have agreed to dismiss their claims, counterclaims and cross-claims with prejudice, and have further agreed that there will be no further litigation on the case, according to the release.
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