McBean v. The City of New York

Case No. 02 Civ. 05426 (S.D.N.Y.)

On February 10, 2011, checks were mailed to eligible class members who did not have liens for child support. On February 18, 2011, checks were mailed to eligible class members who had child supoprt liens in an amount less than their payment amount.  Those not entitled to a check due to large child support liens were sent a letter explaining this on Friday, February 25, 2011.

On September 16, 2011 eligible class members who filed a late claim after September 1, 2010 BUT ON OR BEFORE DECEMBER 15, 2010 AND provided a good explanation as to why the Claim Form was late, were issued payments.  The September 16, 2011 checks were mailed to eligible class members who had child support liens in an amount less than their payment amount.  Those not entitled to a check due to large child support liens will be sent a letter on September 29, 2011.

Para leer y imprimir una copia de la Noticia y el Formulario de Reclamo en español, haga clic aquí.  Para hablar con un representante en español, favor de llamar al 1-800-760-5508 o al 1-612-605-2964.  

New York City to Pay $33 Million in Damages for Illegal Strip Searches

New York City has agreed to pay $33 Million in money damages to approximately 100,000 pretrial detainees arraigned on misdemeanors and lesser offenses who were illegally strip searched at admission to a City jail between 1999 and 2007, even though there was no reason to believe they were concealing drugs or contraband.  These humiliating strip searches required groups of detainees to fully undress in front of each other and in front of multiple guards, lift their genitals or breasts, spread their buttocks, cough while squatting, and allow guards to inspect their private body cavities.  Those illegally strip searched were being held on minor offenses – such as jumping turnstiles, failing to pay child support, shoplifting, and trespassing – and there was no reason to believe they were concealing drugs or contraband.

The Court preliminarily approved the settlement on March 22, 2010.  On May 14, 2010 notices and claim forms were mailed to the approximately 100,000 persons that the City identified as likely in the class.  At the fairness hearing on October 12, 2010, the Court listened to arguments from the parties and class members. On October 22, 2010, the Court approved the settlement.

To view the Settlement Agreement and other Court Documents filed for this Settlement, click on the More Information tab.

If I am a Class Member, how much will I get paid?

Answer:

The standard award amount is $1,130.69, except that those who received payment under the 2005 Settlement have had the amount they received previously ($750 for one strip search; $1,000 for two or more) deducted from their payment amount.  In addition to deductions due to the 2005 Settlement, any amounts owed due to child support liens were deducted.  If you did not provide a valid social security number, taxes were also withheld. 

There were approximately 100,000 persons in the Class, and over 26,000 of them filed timely and eligible claims.  The standard award amount was calculated by dividing the $29 million settlement fund equally between these 26,000 persons.

When will I get paid?

Answer:

Payments were disbursed on February 10, 2011 to eligible Class Members who filed timely claims and did not have New York State child support liens.  Eligible Class Members who filed eligible timely claims and who owe child support liens checks were disbursed February 18, 2011.

Those persons who filed claims after the September 11, 2010 claim deadline but before December 15, 2010 and provided a good explanation as to why the Claim Form was late, were issued payments on September 16, 2011. Pursuant to Court order, claims submitted after December 15, 2010 will not be considered at any time even if you have a very good reason for not submitting a claim on time.

When will I get paid if I submitted my claim form late?

Answer:

Those persons who filed claims after the September 11, 2010 claim deadline but before December 15, 2010 and provided a good explanation as to why the Claim Form was late, were issued payments on September 16, 2011. Pursuant to Court order, claims submitted after December 15, 2010 will not be considered at any time even if you have a very good reason for not submitting a claim on time.

Is there a time limit when I must cash my check?

Answer:

Yes, your check must be cashed within 120 days of the date of the check.  It will not be re-issued after 120 days.

Were there any deductions from my settlement check?

Answer:

Deductions were made for the following three reasons:

(1) Those who received payment under the 2005 Settlement have had the amount they received previously ($750 for one strip search; $1,000 for two or more) deducted from their payment amount.

(2) Any amounts owed due to New York State child support liens were deducted.  Please note any deduction for child support went toward the balance you may have and does not mean your child support balance was paid in full.

(3) If you did not provide a valid social security number, taxes were also withheld. 

Can I request a reissue of my check?

Answer:

The Court's order prohibits the issuance of settlement checks after June 18, 2011. Consequently, we are unable to processes request to reissue settlement checks at this time.  The Court may decide at a later date to allow for the re-issuance of checks to people who had a good reason not to cash the checks previously.  Please send a letter to the Administrator, NYC Strip Search Settlement, c/o Rust Consulting, Inc., PO Box 24636, West Palm Beach, FL 33416, explaining why you need your check re-issued and the address to which you want the check sent.  The Court will consider your request.

Do I have to pay taxes on my settlement check?

Answer:

We cannot offer individual tax advice regarding this distribution.  You must consult your tax advisor to determine what tax consequences, if any, there might be.  If you received more than $600 or more than $600 went to pay your child support obligations, the Administrator will send a 1099 to the federal taxing authorities informing them of the payment you received. 

My name has changed. Can I still cash the check?

Answer:

Yes. Please go to a financial institution with documentation of your name change to see if they will cash the check for you.  If they will not cash the check, please void the check and return it to us, along with documentation of your name change and a letter requesting the re-issuance of the check.  Letters should be sent to: NYC Strip Search Settlement, c/o Rust Consulting, Inc., PO Box 24636, West Palm Beach, FL 33416.  

The person listed on the check is deceased. What do I do?

Answer:

Please go to the financial institution first as they may cash the check if documentation regarding the status of the account holder and your status as the beneficiary/executor is presented.

If the bank will not cash the check, please void it and return it to us, along with a letter of instruction and proof of beneficiary/executor. This would include a COPY of the death certificate. If you are listed as the surviving spouse on the Death Certificate, this is all the evidence we need to reissue the check to you.

If you are NOT listed on the death certificate, we need a COPY of court documents that list you as the estate executor or equivalent.  

Late Claim Settlement Checks - Friday, September 16, 2011

Eligible class members who filed claims after September 11, 2010 BUT ON OR BEFORE DECEMBER 15, 2010 AND provided a good explanation as to why  the Claim Form was late, were issued payments. 

 
Settlement Checks - Thursday, February 10, 2011

Eligible class members who filed claims by September 11, 2010 were mailed checks on February 10, 2011, except payments to those with child support liens have been held in order to verify the amount of the lien.

 
On October 22, 2010, the Court approved the settlement. - Monday, October 25, 2010

At the fairness hearing on October 12, 2010, the Court listened to arguments from the parties and class members. On October 22, 2010, the Court approved the settlement.

 
The Settlement Notice and Claim Forms were mailed on - Friday, May 14, 2010

 

To download a Notice and Claim Form, click here.

To download Frequently Asked Questions, click here.

The deadline to file a claim has passed.