|
|
Welcome to the Broward County Strip Search Settlement website.
|
"Judge Steitfeld signed the Final Approval Order on August 20, 2008. The Claim Filing period expired on September 2, 2008. All Claim Forms received with a postmark after that date will be considered Late. Subject to any Appeal, the distribution phase of this Settlement for all valid, non-deficient Claims will commence on September 29, 2008. Any Claim determined to be deficient will receive a written response." |
Please read this information carefully. If you are a Class Member (as defined below), your rights will be affected by these proceedings and you may be entitled to receive benefits under a proposed class action settlement.
A Class Member is:
|
|
(1) |
|
any person arrested in Broward County on or after December 13, 1998 for a traffic,
regulatory, or misdemeanor offense who was strip searched by officers of the Broward
County Sheriff’s Office without probable cause to believe that the person arrested
concealed a weapon, a controlled substance, or stolen property; |
|
|
|
|
and/or |
|
|
(2) |
|
any person arrested in
Broward County on or after December 13, 1998 for a traffic, regulatory
or misdemeanor offense who was strip
searched by officers from the Broward County Sheriff’s Office despite a finding
by the Judge at first appearance that the person arrested could
be released on recognizance or bond and no valid justification existed for the search. |
Specifically excluded from the Class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
FAIRNESS HEARING:
On August 15, 2008, the 17th Judicial Circuit in and for Broward County, Florida will hold a Fairness Hearing at 9:30 a.m., in Courtroom 970, to determine whether the Class was properly certified and whether the proposed settlement is fair, adequate, and reasonable. The Court will listen to people who have asked to speak at the hearing. The Court will also decide how much to pay Class Counsel. This hearing may be continued or rescheduled by the Court without further notice. We do not know how long it will take the Court to give its decision.
PLAINTIFFS' ALLEGATIONS:
| Plaintiffs claim in this lawsuit that officers employed by the Broward County Sheriff’s Office strip searched individuals after December 13, 1998 who were arrested for a traffic, regulatory or misdemeanor offense without probable cause to believe that the person arrested concealed a weapon, a controlled substance, or stolen property in violation of the unreasonable search provisions of the U.S. Constitution, OR strip searched individuals despite a finding by a Judge at first appearance that the person could be released on recognizance or bond and no valid justification existed for the search. Defendants deny that they did anything wrong, and contend that even if they did do anything wrong, Plaintiffs are not entitled to any money as a result of being searched. |
|
|
IMPORTANT DATES & DEADLINES |
|
File a Claim: |
Postmarked no later than September 1, 2008 |
|
Opt-Out/Exclusion: |
Received on or before July 25, 2008 |
|
File an Objection: |
Filed no later than July 25, 2008 |
|
Fairness Hearing: |
August 15, 2008 |
|
TERMS OF THE SETTLEMENT:
Defendants have agreed to pay $11,500,000.00 to resolve this litigation. That money will be used to: (1) compensate Class Members who have been illegally strip searched; (2) pay for notifying Class Members and administering the settlement; (3) pay incentive awards to the named Plaintiffs, Martha Echeverry and Daisy Cole; and (4) pay attorneys’ fees and expenses. A complete description of the settlement is provided in the Settlement Agreement. You can get a copy of the Settlement Agreement by clicking on the link on the left entitled “Court Documents”.
THE RIGHTS OF THE CLASS MEMBERS:
If you are a Class Member, you have the following options:
|
|
(1) |
|
To qualify for a payment, you MUST send in a Claim Form. A Claim Form is attached to the Notice. You can also get a Claim Form by clicking on the link on the left entitled “Claim Form and Release”. Read the instructions carefully, fill out the form, sign it, and mail it to the Settlement Administrator postmarked no later than September 1, 2008.
You may be asked for additional documents, and will be contacted in writing. You may want to send in your Claim Form by Certified Mail, Return Receipt Requested, to ensure that it is received by the Settlement Administrator.
|
|
|
(2) |
|
If you do not wish to remain a member of the Class, you may exclude yourself from the Class by following the instructions in the Notice at the link on the left and refer to Question XV on page 4. You cannot exclude yourself on the phone or by email. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Broward County Sheriff’s Office in the future. Remember, the exclusion deadline is July 25, 2008.
|
|
|
(3) |
|
If you are a Class Member, you can object to the settlement if you do not like any part of it. You can give objections why you think the Court should not approve it and the Court will consider your views. To object, follow the instructions in the Notice at the link on the left and refer to Question XX on page 4. Remember, your objection must be filed no later than July 25, 2008.
|
Claims Submission and Settlement Administration
In filling out the Claim Form, you will affirm, under penalty of perjury, that you are a member of the described Class and were strip searched during the time period at issue. Provided that your name is detailed in jail records maintained by Broward County Sheriff’s Office, and such records indicate that you qualify as a Class Member, you will be entitled to payment. If your name is not contained in Broward County Sheriff’s Office records, you may be asked to provide additional documentation before being allowed to participate in the settlement.
If you need additional help determining whether you are a Class Member, or if you have other questions, you can contact the Settlement Administrator or Class Counsel and not the Court.
Further Information
Further information regarding the Action and the Notice may be obtained by clicking on the “Contact Information” link at the left.
|
