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The lawsuit challenges three things:
The Court has certified this case a group action (called a “class action”). You do not need to do anything else to become part of the lawsuit.
A Court authorized the Notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
The Honorable Andre Birotte, Jr. of the United States District Court, Central District of California is overseeing this case. The case is called Roy v. County of Los Angeles, Case No. CV 12-09012 (FFMx).
To receive money, you must submit a Claim by October 10, 2021.
There are three ways to file a Claim:
(1) Go to Submit Claim;
(2) Email a copy of your completed Claim Form to [email protected]; or
(3) Mail a copy of your completed Claim Form to:
The amount that will be paid to each person depends on how many class members make caims. Each class member who submits a Claim will receive a share of the settlement based on the total number of days they were detained solely on an immigration detainer. Each qualifying Class Member will receive up to $1,000 per day of jail on an immigration detainer, up to a maximum of $25,000.
Certain Class Members who were not permitted to post bail will also receive $250 for violation of their right to post bail. (This aspect of the case applies only to class members who were arrested and incarcerated prior to October 18, 2012 and who were otherwise eligible to post bail).
If you don’t file a Claim on time, you will get no money. It is divided only among those who file on time.
The parties in this case agree to keep confidential all information you submit in connection with the Settlement. We will not tell ICE that you submitted a Claim. Your contact information and family members’ contact information will not be disclosed to ICE or anyone else.
LASD will pay a total of $14 million dollars. Here’s how the money will be divided:
There is a team of attorneys who have been fighting this case for people who were unconstitutionally detained. This team includes attorneys at the American Civil Liberties Union of Southern California (ACLU SoCal), the National Day Laborer Organizing Network (NDLON), the National Immigrant Justice Center (NIJC) and the law firm McLane, Bednarski & Litt.
The Court will decide how much the lawyers will be paid. They lawyers may ask the Court for a fee of up to 33% (one-third) of the total available Class Fund (one-third of $14 million), plus case expenses. The Court can award less than that, but not more. You will not personally pay any attorneys’ fees that the Court awards to the attorneys.
You can object to the Settlement or exclude yourself completely. Objecting is telling the Court that you do not like something about the Settlement, but you are staying in the case. Excluding yourself or “opting out” is telling the Court that you do not want to be part of the case. If you exclude yourself, you cannot object because you are no longer part of the case, and the Settlement doesn’t affect you.
You can remain a Class Member and object to any part of the Settlement. If you object, you must tell the Court specifically what you think is unfair about the Settlement or request for fees.
To do this, mail a written statement explaining the reason why you object. Include your name, address, and telephone number. At the top of the page, write the case name and number (Roy v. County of Los Angeles, Case No. CV 12-09012-AB). Do not forget to sign the statement. (If you previously used a different name, include any names you have used.)
Your objections must be mailed and postmarked no later than October 10, 2021. Send your objection to all of the following:
If you want to remove yourself from the lawsuit entirely, or if you want to be able to file your own lawsuit, or be part of a different lawsuit, then you must take steps to exclude yourself. This is sometimes referred to as “opting out” of the Class.
To do this, mail a written statement that you wish to exclude yourself or similar words. Include your name, address, and telephone number. You do not need to explain why you wish to be excluded. At the top of the page, write the case name and number (Roy v. County of Los Angeles, Case No. CV 12-09012-AB). Do not forget to sign the statement. (As noted above, by excluding yourself, you are no longer a Class Member and do not have the right to object to the Settlement.)
You must mail your Exclusion Request, postmarked no later than October 10, 2021 to:
If you do not file a Claim, you will receive no money from the Settlement, and you will be giving up your rights against the LASD. Be sure to file a Claim Form unless you exclude yourself.
People who submit Claims, object, or do nothing, give up their right to sue the LASD (or its employees) for claims covered by this case. This means that you will not be able to sue the LASD for detaining you based solely on an ICE hold between October 19, 2012 and June 1, 2014, nor will you be able to sue because you were unable to post bail as a result of an ICE hold. You are not giving up claims against the LASD unrelated to this case.
People who exclude themselves (“opt out”) do not give up claims because they are no longer part of the case.
The last day to submit a Claim is October 10, 2021. If you do not submit a Claim by then, you get no money. So, file early.
The Court has scheduled a hearing for November 19, 2021 to decide whether to approve the Settlement. After final Court approval, it will take at least two to three months, and possibly more, to process Claims, calculate the amount due to each Class Member, and begin payments.
After you file a Claim, check this website about the status of Court approval and when payment mailings are expected. Or contact the Settlement Administrator by calling: 1-833-537-1192 or sending a letter to Roy v. County of Los Angeles, c/o Settlement Administrator, P.O. Box 529, Warminster, PA 18974-0529.
For more details you can review the settlement documents for this case, as well as the motion for attorneys’ fees. If you still have questions, you may call 1-833-537-1192.