Philadelphia Prison System Class Action Settlement
BOONE et al. v. THE CITY OF PHILADELPHIA, Case No. 05-CV-1851
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Welcome to the Philadelphia Prison System Settlement Information Website.

A list of claims filed has been sent to the attorneys for their review and we are currently awaiting final approval to allow us to distribute the settlement fund. If there is a problem with your claim you will be notified in writing. Please be advised, that accurate claims processing takes a significant amount of time. Therefore, at this time we do not have a tentative date as to when distribution will occur. Please note, we are not accepting any new claims at this time.

A $5.9 million settlement has been proposed in a class action lawsuit about the strip search policies of the Philadelphia Prison System. If you meet the criteria explained below, you can share in this Settlement.

The lawsuit claims that the Defendant City of Philadelphia unlawfully strip searched everyone admitted into the Philadelphia Prison System on only minor charges. The City of Philadelphia has denied those claims. The Court did not decide which side was right, but both sides agreed to the Settlement to ensure a resolution and to provide benefits to the people who were affected.

For complete information regarding your rights as a Class Member, you should read the Notice of Proposed Settlement and Hearing.

You are a Class Member and could get benefits if:

  • You entered the Philadelphia Prison System; AND
  • You were placed in the custody of the Philadelphia Prison System after being charged with misdemeanors; summary offenses; traffic infractions; civil commitments or other minor crimes; or bench warrants or probation violations where the underlying charge was a misdemeanor, summary offense or other minor crime; AND
  • You were strip searched upon entry to the Philadelphia Prison System without reasonable cause; AND
  • You were strip searched during the period of April 21, 2003 through October 9, 2007.

The Settlement Class includes the following two subclasses:

Subclass I:

All persons in the Settlement Class, EXCEPT for persons who (1) were charged with certain violence, drug and/or weapons (hereinafter “VDW”) related misdemeanor charges at the time of their admission, or (2) were charged with bench warrants and/or probation violations where the underlying charge was a VDW misdemeanor charge, or (3) had convictions for felonies and/or VDW misdemeanor charges predating the date of their admission.

Subclass II:

All persons in the Settlement Class who were (1) charged with VDW misdemeanor charges at the time of their admission, or (2) were charged with bench warrants and/or probation violations where the underlying charge was a VDW misdemeanor charge, or (3) had convictions for felonies and/or VDW misdemeanor charges predating the date of their admission.

If you are a class member a summary of your legal rights is listed in the table below. For details concerning your legal rights read the complete Notice of Proposed Settlement and Hearing.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
Submit a Claim Form You must submit a Claim Form to receive payment under the Settlement. You must submit a Claim Form by August 31, 2009 to receive any money.
Exclude Yourself If you exclude yourself from the Settlement, you will not be bound by the Settlement or judgment and will not be entitled to a cash payment. You will be free to pursue your claims against the Defendant. This is the only option that allows you to bring or be part of any other lawsuit against the Defendant in this case about the same legal claims that are advanced in this case. You must exclude yourself from the Settlement by June 15, 2009.
Object If you do not exclude yourself, you may write to the Court about why you do not like the Settlement or the request for legal fees and costs. You must send a written objection to the Court postmarked no later than June 15, 2009.
Go to a Hearing You may ask to speak in Court about the fairness of the Settlement or the request for fees and costs.
Do Nothing You get no payment. You give up your right to sue Defendants on these claims later.

What Does the Settlement Provide to Class Members?

Defendant has agreed to pay $5,900,000 (Five Million Nine Hundred Thousand Dollars) to resolve this Litigation. The money will be used to: 1) compensate Class Members who have been strip searched; 2) pay $330,000 for notifying Class Members and administering the Settlement; 3) pay incentive awards of $15,000 each to the named Plaintiffs Nakisha Boone and George Byrd; and 4) pay attorneys’ fees and expenses.

The benefits that you will receive from the Settlement depend on whether you are a member of Subclass I or Subclass II:

Members of Subclass I will receive an equal pro-rata share of $5,170,000, minus an Incentive award for the Class Representatives, attorneys’ fees, and expenses. Class Counsel anticipates, based on claims rates from other settlements, that all individuals who are members of Subclass I that make a claim on the Settlement will receive between $600 and $900 as a settlement payment. These amounts are dependent on how many claims are received by the Settlement Administrator during the claims period, and are subject to change based on the number of claims received. Payments to members of Subclass I shall not exceed $3,000. No amount is guaranteed.

Members of Subclass II will receive an equal pro-rata share of $400,000 minus an incentive award for the Class Representatives, attorneys’ fees, and expenses. Class Counsel anticipates, based on claims rates from other settlements, that all individuals who are members of Subclass II that make a claim on the Settlement will receive between $50 and $100 as a settlement payment. These amounts are dependent on how many claims are received by the Settlement Administrator during the claims period, and are subject to change based on the number of claims received. Payments to members of Subclass II shall not exceed $100 per claimant. No amount is guaranteed.