By Top Class Actions  |  December 19, 2019

Category: Closed Class Actions

This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

nyc jail cells

UPDATE 3:

  • The Court granted this settlement final approval Nov. 29, 2021.

UPDATE 2:

  • The final hearing has been rescheduled for Oct. 28, 2021.
  • According to the settlement website, forms requesting additional information from all claimants will be mailed by end of May 2021.

UPDATE:

  • According to the settlement website, the final hearing has been postponed.
  • Top Class Actions will provide an update as soon as we learn the hearing is rescheduled.

The City of New York has agreed to pay $12.5 million to resolve claims that Department of Correction visitors were subject to unreasonable searches.

The settlement benefits individuals who attempted to visit an inmate at a New York City Department of Correction facility between Nov. 23, 2012 and Oct. 30, 2019 and were subject to an invasive search. More information about what constitutes an “invasive search” is available in the “Who’s Eligible” section below.

Plaintiffs filed the New York invasive search class action lawsuit in November 2015, alleging that visitors to New York City Department of Correction facilities were subjected to unreasonable and invasive searches.

Invasive searches allegedly required visitors to expose their breasts, genitals, or buttocks or involved contact with these parts of the body more than was accidental or incidental. Women were also allegedly required to expose, remove, or display their feminine hygiene products such as tampons and pads.

Plaintiffs in the invasive search class action claimed that these searches were violations of the fourth and fourteenth amendments of the U.S. constitution as well as articles of the New York state constitution.

The City of New York and other defendants have not admitted any wrongdoing but agreed to pay $12.5 million to resolve the claims against them.

Under the settlement, Class Members are eligible for cash payments of around $4,000. If Class Members were caught with contraband one or more times and subsequently had their visits denied or restricted, they are eligible for only $500 in payments.

The settlement also provides revisions to Department of Correction policies and training of applicable staff to prevent invasive searches in the future.

Class Members who wish to benefit from the settlement need to file a valid claim form by April 27, 2020. The deadline for exclusion and objection is Jan. 20, 2020. The final approval hearing for the settlement is scheduled for Feb. 6, 2020.

Who’s Eligible

Individuals who attempted to visit an inmate at a New York City Department of Correction facility between Nov. 23, 2012 and Oct. 30, 2019 and were subject to an invasive search. Individuals who were arrested for the possession of contraband during a visit are not eligible unless a separate invasive search occurred during which they were not arrested.

Invasive searches include:

  • Any search of a visitor conducted by or at the direction of a Department of Correction employee which resulted in more than accidental or incidental exposure of or contact with a visitor’s breasts, genitals, or buttocks;
  • Any search of a visitor conducted by or at the direction of a Department of Correction employee in which visitors are made to expose, remove, or display any feminine hygiene product they are wearing (pads, tampons, etc.).

According to the settlement terms, invasive searches do NOT include:

  • Examining a visitor’s seams and pockets;
  • Touching the visitor’s skin at the shirt-sleeves and collar;
  • Requiring that the visitor lift, raise, or adjust their clothing for visual inspection;
  • A search of religious headwear and religious necklaces.

Potential Award

Cash payments of around $4,000.

Visitors who were found with contraband one or more times and had their visits restricted or denied will reportedly receive payments of only $500.

For each payment of $500, another $500 of the settlement fund will be distributed amongst Class Members eligible for $4,000 payments. This means that claimants may receive more than $4,000 in payments. If more than $12.5 million in claims are made, Class Members may receive less than $4,000.

Proof of Purchase

N/A

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

4/27/2020

Case Name

Grottano, et al. v. The City of New York, et al., Case No. 1:15-cv-9242-RMB-KNF, the U.S. District Court for the Southern District of New York

Final Hearing

10/28/2021  

Settlement Website

Claims Administrator

NYC DOC Visitor Search Settlement
RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
(844) 979-7313
[email protected]

Class Counsel

Raymond Audain
NAACP LDF

Bruce Menken
Scott Simpson
BERANBAUM MENKEN LLP

Oren Giskan
GISKAN SOLOTAROFF & ANDERSON LLP

Defense Counsel

Kimberly M. Joyce
Genevieve Nelson
Angharad Wilson
Katherine Weall
CORPORATION COUNSEL OF THE CITY OF NEW YORK

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277 thoughts onNYC Jail Visitor Invasive Search Class Action Settlement

  1. Rosa parks says:

    I was a founding member of usps informed delivery. Some days the mail shows up sooner.
    Sunday it shows up earlier for Monday delivery
    Before mail usps informed delivery would update in the morning

    1. Lorenzo N RODRIGUEZ ALMONTE says:

      I still haven’t got my check yet, those anyones knows how can you check for information about it please

  2. Deborah says:

    Yes it does, I have it as well, I get pictures of my mail every morning and when I get home it’s there. What I saw in the morning it’s in my mailbox in the evening.

  3. HiSan says:

    YAY!!!! Just wanted to let you guys know that today I received my check, Feb 24! I live in the Bronx! Not sure in what order they are sending it out whether by last name or who sent out their last 2 forms first, but they are. The check is $1192.41.

    I hope all of you guys get it.

    1. Julio lopez says:

      Awesome. East coast person got today so maybe over the next few days we will get our checks

    2. Central says:

      I Just got my today to it was $1,192.41 live Brooklyn

    3. Eleni says:

      I received mine too but my bank TD bank flagged it won’t be available till March 7 , 2022 I’m calling the bank the check was issued to see what’s up , td tells me they feel that there no money in this account,

      1. Deborah says:

        I deposited my check in TD BANK so far they haven’t said anything, I will know in 3 business days if it doesn’t clear,

        1. Eleni says:

          Did TD bank put it on hold ???
          Mine still on hold

    4. Jazmin says:

      Did you fill out both forms

      1. Eleni says:

        Yes my my second firms came in the mail may 22,2021 filled them out mailed them back , received my payment but TD bank flagged it won’t be available, called the bank they are looking into it , I even called the bank the check was issued from .

  4. Nadia says:

    You should never give out your address , people will show up at your door , if you filled out paper work it has to be approved I was told

  5. HiSan says:

    I just signed up for the USPS informed mail and package delivery on their website and it is indeed completely free. And they just notified me through email that I have an incoming mail coming in tmr. Hopefully it is my check ya!!! I’ll let you guys know if it is.

    President Day halted our checks.

    1. Abby says:

      Girl I have informed mail for more then two years , that shit did nit tell you the day before what’s in the mail , stop lying . Informed mail doesn’t mean you will receive your mail the day it tells you , up too 21 days read the fine print stop lying to people please

      1. JADA!!! says:

        To ABBY, how u gonna say a person lyin bout wat mail they got comin? That person clearly said they JUST signed up for it so it’s showing mail he/she probably already had coming in. This place is not for negativity but simply to help each other out! N I’ve had INFORMED DELIVERY FOR ABOUT 3 1/2 years so yea pls refrain from trying to fake call ppl out! N yea guys I still haven’t received anything either let’s try n be patient.

        1. Abby says:

          She said it tells you the night before, no it do not , it tells you that morning, there are times it shows me I have mail does not show up for days , I’m fine print they have 21 days to deliver it to you , that’s what I meant she lied , informed mail doesn’t tell you the night before, if you indeed have it for more then 3 years then you know she’s BS , you got what I am saying to you ????

          1. JADA!!! says:

            @ ABBY yes I do know that sometimes the mail can show up on app n not come for days..but I mean think bout it, why would anyone just come up on here n lie about having mail? Lmaooo. It’s not like they said it was the check. Which they’ve already cleared up here that it wasn’t!! And u can indeed see it the night before (IF YOU JUST SIGNED UP). u just Came on here being weird saying someone lied girl. I felt that was kinda rude. And Now u saying they lying bout the date they sent out the checks ? Feb 14th?? Well that’s very well true because alotof ppl already received their check. YOU JUST DONT TRUST NOBODY WORD HUH? Lol let’s just hope we get it tmm girl! N stop fussing at ppl we all upset but girl this ain’t instagram lol we all in this TA- GETHAAA

          2. JADA!! says:

            HEY SO I JUST GOT OFF WORK AT 12am LITERALLY JUST CHECKED THE USPS MAIL APP AND MY CHECK IS THERE!!! It’s 12:23 am right now. It’s Coming tmm or Friday so y’all check y’all app! U can actually see mail comin in tmm at this time don’t have to wait for the email just check the app! Good luck everyone ohh last name is M hope that helps

      2. Abby says:

        Jada , since we haven’t received the payment yet , they lied about the date , I received my IRS check yesterday was mailed out February 17,2022

      3. Hisan says:

        LOL, you sound bitter. It does tell you what mail is coming in. What benefit do I have to lie? You possibly just don’t know how to use and comprehend the application after 2 years. And unfortunately guys, it wasn’t the check.

        1. Abby says:

          I know how this works , it does NOT tell you night before they put the mail on the converter belt in the morning and they take they scan them and that’s how you know what you’re getting but the find printers you get that within 21 days so you just signed up for it, I have had it for more then two years ,

      4. Hisan says:

        @ABBY Girl, you’re mad for no reason. Relax. It was president day and they DID show me. Mail was halted that day and showed me it was incomong Tuesday. But you can’t read and after happiness the app for 2 years, you can’t use or comprehend what you’re seeing.

      5. Deborah says:

        Yes it does, I have it as well, I get pictures of my mail every morning and when I get home it’s there. What I saw in the morning it’s in my mailbox in the evening.

  6. Aunshell says:

    I keep seeing something about additional information having been needed. I was never sent any other forms other than the initial one they sent , does that mean I was not approved ? Was wondering that since they said checks would go out by Feb 14 and I haven’t received anything. I emailed the claims email has anyone had better luck by calling them?

    1. Alexa says:

      You was suppose to get the other two forms in order to get a payment

      1. Melissa says:

        Those forms were mailed out may 2021 , The money has been distributed you cannot fill out a paper and expect to receive a payment now, you understand what I am saying .

    2. Abby says:

      Who ever is nit receiving a check , will receive a letter telling them why , that’s what I was told , those second forms I received back in may 2021 ,

  7. Hisan says:

    I have not gotten mines yet. So a lot of you people aren’t alone. Sp poss Monday or Tuesday

  8. Johnny Versace says:

    Darn Holiday so Tuesday at the earliest ????

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