Stonington — Pawcatuck resident Tracy Swain has withdrawn her lawsuit against former First Selectman Ed Haberek, who she alleged sent her a sexually graphic photo of himself in 2010 using his town-issued Blackberry device.

The withdrawal of the 2012 lawsuit, which originally had sought $500,000 in damages and legal fees, was filed in New London Superior Court on April 20 after the two parties reached a settlement. The terms of that settlement were not made public.

“It’s been settled and I’ll leave it at that,” Swain said on Tuesday.

She alleged in the lawsuit that the experience had caused her continued emotional distress and physical illness and has worsened the migraine headaches she has had since age 9. But a deposition also showed that Swain joked about the picture with a friend a few minutes after it was sent. Documents also showed Swain and Haberek had online conversations of a sexual nature in the months leading up to the incident.

Haberek, who resigned in December 2014 to take a job in Seattle, referred comment Tuesday to his attorney Dado Coric of New London.

“We stand by all our prior statements (in which Haberek maintained his innocence),” Coric said. “The case has been resolved.”

Current First Selectman Rob Simmons said Tuesday the town had not paid any damages to Swain. Last year, a judge granted the town’s motion to dismiss Swain’s allegations against the town, effectively removing it from the suit.

Simmons added the lawsuit did not directly involve the town but centered on Haberek, through his association with the town. Attorneys for the town argued in their response to the suit that Haberek was not acting within the scope of his employment when he sent the photos.

Swain’s attorney Scott Camassar of North Stonington could not be reached for comment Tuesday.

Haberek initially denied Swain’s allegation that he sent her the photos from his Town Hall office, but in a sworn deposition later testified that he sent her pornographic photos of another man, using his home computer, and asked her to send him photos as well.

The town and its insurance company spent tens of thousands of dollars on legal fees in the case as well as fighting attempts by Swain to get records of Haberek’s cellphone use. It also unsuccessfully fought to block the release of Haberek’s text messages from his town phone and the release of a complaint by a woman who said Haberek harassed her when she worked for the town.

The Day successfully appealed the town’s refusal to release the text messages to the state Freedom of Information Commission. The Day’s review of the text messages found that during a four-month period at the end of 2012, when he was still first selectman, Haberek used his town-issued Blackberry phone to send and receive hundreds of sexually explicit text messages and photos with numerous women.

Town policy restricts the use of town-issued phones to official Stonington business, yet almost all the 18,600 messages during the period were of a private nature and many involved Haberek’s relationships with the women. Much of the texting came during Town Hall working hours.

Thousands of other messages sent by Haberek in 2011 and 2012 were redacted because the town said they were of a private nature.

j.wojtas@theday.com