PCC/Rutherford County Probation Class Action Settlement

Probationers who paid probation fees to Rutherford County, Tenn. or its contractor PCC can now get benefits from a $14.3 million settlement.

The settlement reimburses probation fees paid as early as October 2011 and in some cases earlier.

Named plaintiffs Cindy Rodriguez, Steven Gibbs, Paula Pullum, Yolanda Carney, Jacqueline Brinkley, Curtis Johnson, and Fred Robinson brought this Rutherford County class action lawsuit in October 2015, naming as defendants Rutherford County, Tenn., Providence Community Corrections (now known as Pathways Community Corrections, or PCC), and five individual defendants associated with PCC.

For several years, PCC contracted with Rutherford County to provide probation officers to manage the county’s probation system for non-felony cases.

The plaintiffs allege Rutherford County and PCC colluded illegally to overcharge probationers for fines, fees, costs and surcharges related to their probation. In lieu of getting paid by the county, PCC allegedly profited by assessing charges to probationers.

Many of the probationers affected by the alleged scheme were low-income persons vulnerable to getting caught in a cycle of debt. Some probationers allegedly went to jail because they could not pay the fees assessed by PCC.

Plaintiffs claim the arrangement between PCC and Rutherford County violates the federal Racketeer Influenced and Corrupt Organizations Act, other federal and Tennessee statutes, and several provisions of the U.S. Constitution.

Under terms of the Rutherford County class action settlement, Class Members can receive reimbursement for 125 percent of qualifying probation fees paid either to PCC or to Rutherford County. Some Class Members may receive an additional $50 for each month of their probation.

Class Members must submit a claim to get benefits. Claims are being accepted online or by mail, with or without a Notice ID.

Class Members can exclude themselves from the settlement or object to its terms by submitting a written request no later than April 27, 2018.

PCC and Rutherford County continue to deny the plaintiffs’ claims, and the settlement does not require them to admit any liability. The defendants say they agreed to the settlement only to avoid the expense, inconvenience and risk of continued litigation.

Who’s Eligible

Settlement Class Members include all persons who at any time from Oct. 1, 2011 through Oct. 5, 2017 “incurred court-imposed financial obligations arising from a traffic or misdemeanor case in Rutherford County General Sessions or Circuit Court, and were supervised on probation in that case by PCC or Rutherford County’s Probation Department.”

Potential Award

Varies.

Payment amounts will vary according to the Class Member’s dates and length of probation. According to the settlement agreement:

• Class Members whose PCC probation ended prior to Oct. 1, 1014 can get payment for 125 percent of the qualifying fees paid to PCC beginning Oct. 1, 2011. These Class Members can get compensation for fees paid prior Oct. 1, 2011 if they continued to pay fees for the same offense on or after that date.
• Class Members who were on probation with PCC on or after Oct. 1, 2014 can get $50 for each month that they were on PCC-supervised probation, plus 125 percent of the amount they paid in PCC fees. These Class Members can get compensation for fees paid prior Oct. 1, 2011 if they continued to pay fees for the same offense on or after that date.
• Class Members who were on probation with Rutherford County’s Probation Department in or after March 2016 and either (a) were on supervised probation solely for the payment of court-imposed financial obligations or (b) would have been removed from supervised probation but for the payment of such an obligation can get $50 for each month they were on supervised probation from March 2016 through Jan. 2, 2018 (the date of preliminary settlement approval), plus 125 percent of the probation fees they paid to Rutherford County’s Probation Department from March 2016 through Jan. 2, 2018.

Under the settlement agreement’s injunctive relief provisions, Class Members who still owe outstanding probation fees related to a Rutherford County courts probation case and earn below 125 percent of the federal poverty line can petition to have those fees waived.

Proof of Purchase

The Claim Form asks Class Members to provide their contact information, the approximate dates they were on probation, and their Rutherford County case number. No additional documentation is requested.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

4/27/2018

Case Name

Final Hearing

6/25/2018

UPDATE: The PCC/Rutherford County Probation Class Action Settlement was granted final approval by the court on July 18, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.PCCRutherfordSettlement.com

Claims Administrator

Rodriguez, et al. v. Providence Community Corrections Inc., et al.
c/o Dahl Administration LLC
P.O. Box 3614
Minneapolis, MN 55403-0614
1-888-805-9120
info@PCCRutherfordSettlement.com

Class Counsel

Alec Karakatsanis
Elizabeth Rossi
CIVIL RIGHTS CORPS

Kyle F. Mothershead
LAW OFFICE OF KYLE MOTHERSHEAD

Defense Counsel

Counsel for Rutherford County:
Josh A. McCreary
E. Evan Cope
HUDSON REED & McCREARY PLLC

Counsel for PCC:
Manny A. Abascal
LATHAM & WATKINS LLP

Lisa S. Rivera
Kathryn H. Walker
BASS BERRY & SIMS PLC