New York City pre-trial detainees class action settlement

New York City agreed to a class action lawsuit settlement to resolve claims that it unfairly held pre-trial detainees in various restrictive facilities, including the Manhattan Detention Complex and parts of Rikers Island.

The settlement benefits pre-trial detainees housed in the West Facility on Rikers Island, on the second or third floors of the North Infirmary Command on Rikers Island or in the “9 South” Facility in the Manhattan Detention Complex between March 25, 2018, and June 30, 2022.

The settlement does not include contagious disease referral persons or lock-down persons. Contagious disease referral persons are individuals housed in the west facility on Rikers Island after Feb. 1, 2020, for up to 14 days following a referral by Correctional Health Services. Lock-down persons are individuals who were housed based on a valid judicial order that required them to be housed separately from other inmates.

According to the class action lawsuit, New York City wrongfully detained some pre-trial detainees in restrictive housing facilities with harsh conditions. Plaintiffs in the case claim that these detentions were unlawful and violated their constitutional rights.

Rikers Island is a detention complex in New York City with several facilities, including the West Facility and the North Infirmary Command, though the city is in the process of closing Rikers Island and replacing it with a network of modern jails throughout the city’s boroughs. The Manhattan Detention Complex, colloquially referred to as “The Tombs,” is a detention center in Lower Manhattan that is being demolished to build a new Manhattan jail.

New York City hasn’t admitted any wrongdoing but agreed to pay an undisclosed sum to resolve the class action lawsuit.

Under the terms of the settlement, class members can receive $400 for every day they spent in a covered facility during the class period where they were 22 years old or older and not diagnosed with a serious mental illness. Class members who were under 22 years old and/or diagnosed with a serious mental illness can receive $450 for each day they spent in a covered facility during the class period. 

Settlement payments may be reduced for settlement costs or if class members owe child support, unpaid parking tickets, business judgments, environmental control board judgments, Medicare liens or payments to victims of their crimes.

The deadline for exclusion and objection is Jan. 3, 2024.

The final approval hearing for the settlement is scheduled for Jan. 24, 2024.

In order to receive a settlement payment, class members must submit a valid claim form by Jan. 3, 2024. Class members who wish to challenge their settlement inclusion or payments can submit a challenge form on the settlement website by Jan. 3, 2024.

Who’s Eligible

Pre-trial detainees who were housed in the west facility on Rikers Island, on the second or third floors of the north infirmary command on Rikers Island or in the “9 South” facility in the Manhattan Detention Complex between March 25, 2018, and June 30, 2022.

Excluded from the settlement are:

• Contagious disease referral persons: individuals housed in the west facility on Rikers Island after Feb. 1, 2020, for up to 14 days following a referral by Correctional Health Services. 
• Lock-down persons: individuals who were housed based on a valid judicial order that required them to be housed separately from other inmates.

Potential Award

Up to $450 per day spent in a covered facility.

Proof of Purchase

Proof of identity to confirm Social Security Numbers, birth dates and/or NYSID may be required in order to validate certain claims.

Claim Form

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

01/03/2024

Case Name

Miller, et al. v. City of New York, et al., Case No. 1:21-cv-02616-PKC, in the U.S. District Court for the Southern District of New York

Final Hearing

01/24/2024

Settlement Website

NYCRestrictiveConfinement.com

Claims Administrator

NYC Restrictive Confinement Settlement
PO Box 2413
Faribault, MN 55021-2378
[email protected]
833-915-0957

Class Counsel

Erick Hecker
John R Cuti
Alexander Goldberg
Daniel Mullkoff
Alexander Reinhert
CUTI HECKER WANG LLP

Defense Counsel

Alan H Scheiner
Carolyn Depoian
NYC LAW DEPARTMENT