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Roy v. County of Los Angeles (Case No. CV 12-09012)

Frequently Asked Questions and Answers

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Questions

Answers

1.   What is this lawsuit about?


The lawsuit challenges three things:

    1. Detaining people whose bail was less than $25,000 and who would not have been booked into jail in the first place, if not for their ICE hold (October 2010 – June 2014);
    2. Detaining people after their criminal case finished, where their detainer was not supported by a removal order or ongoing removal proceedings (October 2010 – June 2014); and
    3. Refusing to accept bail for people with ICE holds (October 2010 - October 2012).

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. 

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2.   Why did I receive this notice 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.

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3.   What do I need to do to make a Claim?


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:

            Roy v. County of Los Angeles
            c/o Settlement Administrator
            P.O. Box 529
            Warminster, PA 18974-0529

If you have questions, visit the Contact page of this Website, or send an email to [email protected], or call 1-833-537-1192.
You must submit a Claim by October 10, 2021 in order to receive money. 

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4.   How much money will I receive?


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. 

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5.   How do I know my information will be kept confidential?


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. 

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6.   How much money will the LASD pay for the total Settlement?


LASD will pay a total of $14 million dollars. Here’s how the money will be divided:

  1. Depending on how many people make Claims, and certain decisions by the Court, up to $8.7 million will be divided among Class Members. Each qualifying Class Member who would not have been booked into jail absent an ICE hold, or would have been released when their criminal case ended absent an ICE hold, will receive up to $1,000 per day, for each day they should not have been detained. The amount that will be paid to each person depends on how many Class Members make Claims. The maximum per Claimant is $25,000. In addition, certain Class Members who were not permitted to post bail and who are able to provide the appropriate sworn statement will receive $250 for violation of their right to post bail. 
  2. The Federal District Court will decide on a reasonable fee for the attorneys who handled the case. The attorneys’ fees will not exceed 33% of the total fund, plus case expenses. The Court may pay the attorneys less than 33% but not more.
  3. Payment of $10,000 to each of the two Class Representatives for their role in starting and supporting the case. 
  4. Additional payments to a Court-appointed Settlement Administrator to notify the Class and distribute the money.

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7.   Who are the lawyers handling the case?


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.

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8.   How much money will the lawyers be paid?


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.  

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9.   If I do not like the settlement, what do I do?


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. 

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10.   How do I object?


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:

Barrett Litt
Lindsay Battles
McLane, Bednarksi & Litt
975 E. Green Street
Pasadena, CA 91106

Andy Baum
Glaser Weil
10250 Constellation Boulevard
19th Floor
Los Angeles, CA 90067

Roy v. County of Los Angeles
c/o Settlement Administrator
P.O. Box 529
Warminster, PA 18974-0529

The Court will consider your objection and decide whether to overrule it or change the Settlement Agreement. Either way, you remain a member of the Class and will be bound by the Settlement Agreement and will get your share of the Settlement. (This means you’re giving up claims against the LASD for violations covered by this case.)

If you wish to appear at the hearing and argue your objection, tell the Court you wish to do so.

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11.   Can I exclude myself from the settlement?


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: 

Roy v. County of Los Angeles
c/o Settlement Administrator
P.O. Box 529
Warminster, PA 18974-0529

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12.   What if I do nothing?


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.

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13.   Am I giving up any rights?


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. 

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14.   How long will this process take?


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.

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15.   Where can I learn more?


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.

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This website is authorized by the Court. This is the only authorized website for this case.

For more information please call 1-833-537-1192 or email using the Contact Us section of this website.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline

    Sunday, October 10, 2021
    You must complete and mail your Request for Exclusion so that it is postmarked no later than Sunday, October 10, 2021.  See FAQ #11 for details.
  • Objection Deadline

    Sunday, October 10, 2021
    You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Sunday, October 10, 2021.  See FAQ #10 for details.
  • Claim Form Deadline

    Sunday, October 10, 2021
    You must submit your Claim Form online or via email no later than Sunday, October 10, 2021, or mail your completed paper Claim Form so that it is postmarked no later than Sunday, October 10, 2021.  See FAQ #3 for details.
  • Final Approval Hearing

    Friday, November 19, 2021
    The Final Approval Hearing is scheduled for Friday, November 19, 2021.  The Final Approval Hearing has been continued and rescheduled to Friday, January 7 2022. Please check this website for updates. 

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