Frequently Asked Questions
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Settlement Phase
- What happened at the Fairness Hearing?
- What is the lawsuit about?
- Why is this a Class Action?
- Why is there a Settlement?
- Are there lawyers representing me, and how will they be paid?
- What does the Settlement provide?
- Will I receive anything from the Settlement?
- What do I do to get money?
- Can I exclude myself from the Settlement?
- What if I do not like the Settlement?
- What will happen if I filed a Claim?
- What happens if I did nothing at all?
- Are there more details about the Settlement?
- If I already received a settlement award and cashed my check, will I receive a second payment?
- If I already received a settlement award but did not cash it before the stale date, can I get the check re-issued?
- When will I receive money from the Settlement?
- What if I change my address?
- What if I am having problems cashing my Settlement check or I have not received it?
Distribution Phase
1. What happened at the Fairness Hearing?
At this Hearing, Judge Larson ruled that the settlement is fair, adequate, reasonable, and in the best interest of the Class as a whole. He also ruled that Class Counsel should be awarded 25% of the settlement amount of $25,500,000 in Fees. The Attorneys were awarded costs associated with pursuing this settlement in the amount of $70,564.64.
The Court considered and ruled on the timely objections received in this settlement and decided that late objections would not be considered.
This lawsuit involved the former policy and/or practice of the San Bernardino County Jail of strip searching the following categories of inmates without reasonable suspicion that they possessed weapons, drugs or contraband:
- arrestees who were transferred from a local jail to a main jail before they were arraigned,
- federal inmates who were transferred to the San Bernardino County Jail,
- inmates transferred from another jail to San Bernardino County to be arraigned on charges there, and
- inmates who had appeared in court and became entitled to release after their appearance.
In addition, it involves inmates of the San Bernardino County Jail who do not fit into the above categories but were strip searched in a group rather than individually.
3. Why is this a Class Action?
In a class action, one or more persons, called the Class Representative(s), sue on behalf of a group of people who have similar claims – the Class Members. One court then resolves the issues for all Class Members, except for those who exclude themselves from the class.
The Court has ruled that certain of the claims in this lawsuit are correct. This is a decision that Defendants in the case could have appealed. Some issues have not yet been resolved by the Court. Instead of continuing, both sides have agreed to a Settlement. That way, both sides are able to avoid the risks and costs of a trial or appeal, the case can be resolved immediately, and the benefits of the Settlement are made immediately available to the Class Members. For more information about the details of the Settlement, please see the Class and Settlement Notice.
5. Are there lawyers representing me, and how will they be paid?
The Court has approved lawyers (called “Class Counsel”) to collectively represent you. You will not be asked to pay your own personal money for the services of these attorneys and their associates and staff in litigating this case and negotiating this Settlement. Instead, the lawyers will seek payment from the fund obtained on behalf of the class. Only Class Counsel may act on behalf of the class. If you want to be represented by your own lawyer, you may hire one at your own expense.
The Court has awarded Class Counsel 25% of the total $25,5000,000 Settlement Fund for Attorneys’ Fees. In addition, the amount of other expenses and costs incurred in pursuing this class action lawsuit will be paid from the Settlement. These expenses and costs are separate from and not included in the amount of any attorneys’ fees. You may read the Order Awarding Attorney’s Fees and Costs by clicking here.
Class Counsel is:
Barrett S. Litt and
Paul Estuar
Litt, Estuar, Harrison & Kitson, LLP
1055 Wilshire Boulevard, Suite 1880
Los Angeles, CA 90017
6. What does the Settlement provide?
The Settlement provided for payment of a total of approximately $25,500,000. From the $25,500,000, the following awards were made:
- An award of attorneys' fees, in the amount of 25% of the $25,500,000 total.
- Payment of litigation costs and settlement administration fees.
- Payment of a total not exceeding $200,000, a portion of which was paid to each individual who was a Named Plaintiff and Class Representative, and whose individual damages could be assessed prior to Settlement.
- Payment of the remainder, estimated to be approximately in the range of $17,000,000-$18,000,000, to the members of the class who file claims for payment.
Approximately $600,000 of the Settlement will be held back to cover possible County defense costs to defend against claims of people who excluded themselves from the Settlement. The Settlement also states that the San Bernardino County Jail no longer engages in the practices being settled.
For more details about the Settlement, please see the Class and Settlement Notice.
7. Will I receive anything from the Settlement?
If it is verified that you are a Class Member, you filed a claim, and the claim is approved, you will be entitled to receive compensation.
The amount you will receive if you have filed a claim depends on a variety of factors, including which class you are in, and how many times this occurred to you. However, each approved claim will receive no less than $50. The full description of the system to determine how much each Class Member will receive is contained in the Final Order of Approval and Settlement, located here.
If you wish to receive money from the Settlement, you must have completed and submitted a Claim Form. If you did not timely and properly submit your Claim Form, you will not receive any money from the Settlement, but you will still be bound by it.
9. Can I exclude myself from the Settlement?
Since the Settlement has already been approved by the Court and adequate Notice provided to the Class, you are unable to exclude yourself from this Settlement. The Court ordered that if you are a member of the Class, you are bound by the terms of the Settlement. Your only option at this point is to do nothing and still be bound by the terms of the Settlement.
10. What if I do not like the Settlement?
Since the Settlement has already been approved, and the broadest notice available at the time was provided, your choice is simply to do nothing. If you did not file a claim, you are bound by the Settlement and will receive no payment from the Settlement Fund.
11. What will happen if I filed a Claim?
The Court has decided that anyone who filed a claim will be paid from the Settlement Fund based on the point value of each claim and the class funds still available. The Settlement Administrator will not be able to provide you with specific payment information regarding any distribution because a variety of factors contribute to calculating the value of each award.
12. What happens if I did nothing at all?
If you did nothing, your rights have been affected. You will be bound by the terms of the Settlement and you will be agreeing to a release of the claims that are contained in the Settlement. However, because you did not file a claim, you will not be entitled to any money from the Settlement.
13. Are there more details about the Settlement?
These Frequently Asked Questions merely summarize the proposed Settlement. You may see the complete Settlement documents in the case by clicking here.
14. If I already received a settlement award and cashed my check, will I receive a second payment?
Under the original terms of the Settlement, Class Members who cashed their First Round settlement award checks were eligible to receive a Second Round distribution of settlement funds. However, as a result of later court rulings, there are no longer funds available for a Second Round distribution, and none will be made.
The reason for this is that the Court re-opened the filing period to allow Class Members who may not have received the initial Class Notice and claim Form the opportunity to file claims. Due to the high volume of claims under this decision, and the relatively small amount of remaining funds, the Court has ordered that the limited remaining settlement funds all be used to pay these additional Class Members.
Please, do not contact the Court, Attorneys for either party, or the Settlement Administrator as a result of the Court’s decision. The Court has made an absolute and final decision.
15. If I already received a settlement award but did not cash it before the stale date, can I get the check re-issued?
If you received a check but did not cash or deposit it before the stale date printed on the check, it is now too late to re-issue the check to you. There are no longer settlement funds available.
16. When will I receive money from the Settlement?
The First Round distributions occurred to Class Members on October 31, 2008 and to Supplemental Class Members on August 31, 2009. There is another distribution scheduled for March 2010 to the Class Members who have not yet been paid.
If your valid claim was filed after the November 7, 2008 supplemental filing deadline and you have not received your settlement award or a letter from the Settlement Administrator in regards to your claim by March 31, 2010, please contact the Settlement Administrator by either calling 1-888-271-6718, sending an electronic message (e-mail) to: info@sanbernardinojailclassaction.com, or writing to:
Craft v. San Bernardino County Settlement Administrator
P.O. Box 6142
Novato, CA 94948-6142
17. What if I change my address?
If you have changed your address since you filed your claim, you need to provide the Settlement Administrator with the following information:
- Full Name
- Old Address
- New Address
- Last Four Digits of your Social Security Number
- Your Signature
- Your Claim Number (if known)
- Phone Number (if any)
Mail the requested information to the Settlement Administrator at:
Craft v. San Bernardino County Settlement Administrator
P.O. Box 6142
Novato, CA 94948-6142
18. What if I am having problems cashing my Settlement check or I have not received it?
If you are having problems cashing your check, you may call 1-888-271-6718 to request that someone call you back, or, you may write to:
Craft v. San Bernardino County Settlement Administrator
P.O. Box 6142
Novato, CA 94948-6142
If you have not received your settlement award or a letter from the Settlement Administrator in regards to your claim by March 31, 2010, please contact the Settlement Administrator by either calling 1-888-271-6718, sending an electronic message (e-mail) to: info@sanbernardinojailclassaction.com, or writing to the address above.
DO NOT CONTACT THE COURT.