All persons who visited or attempted to visit an inmate housed at a New York City Department of Correction (“DOC”) facility from November 23, 2012, to October 30, 2019 (“Class Period”), who were subject to an Invasive Search. An Invasive Search is any search of a visitor conducted by DOC employees at a DOC facility that resulted in more than accidental or incidental exposure of, or contact with, a visitor's breasts, genitals, or buttocks as part of the search process.
You may have been mailed a Notice by order of the United States District Court for the Southern District of New York (the “Court”). It describes a proposed settlement (the “Settlement”) of a class action lawsuit asserting claims against the City of New York (the “Civil Action”) for violating the constitutional rights of visitors to DOC facilities. The Notice also describes your right to receive money from this Settlement if eligible.
Summary of Settlement:
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS CLASS ACTION LAWSUIT||DEADLINE|
|Submit a Claim Form||The only way to receive payment under the Settlement.||April 27, 2020|
|Opt-Out||Get out of the lawsuit and the Settlement. This is the only option that allows you to ever bring or join another lawsuit raising the same legal claims against The City of New York, Commissioner Joseph Ponte, Correction Officer Yolanda Capers and Correction Officer Thomasena Graham (collectively, the “Defendants”). You will receive no payment from this Settlement.||January 20, 2020|
|File Objection||Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline.)||January 20, 2020|
|Go to Fairness Hearing||Speak in Court about the Settlement at the Fairness Hearing. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline, which is January 20, 2020, at 12:30 p.m.)||February 6, 2020 at 12:30 p.m.|
|Do Nothing||You will not receive any payment; also, you will have no right to sue later for the same legal claims against The City of New York, Commissioner Joseph Ponte, Correction Officer Yolanda Capers and Correction Officer Thomasena Graham (collectively, the “Defendants”) that are in this Civil Action and are a part of this Settlement.|
This is only a summary of the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement. Alternatively, you can contact the Claim Administrator or Class Counsel.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.