Legal Notice
United States District Court for the Middle District of Pennsylvania

NOTICE OF PROPOSED SETTLEMENT AND HEARING

If You Entered The Dauphin County Prison From September 16, 2005 To March 12, 2008 And Were Strip Searched Upon Arrival, Then Your Rights Could Be Affected By A Proposed Class Action Settlement.

The United States District Court for the Middle District of Pennsylvania authorized this notice. It is not from a lawyer. You are not being sued.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
Submit a Claim Form You must submit a Claim Form to receive payment under the settlement. You must submit a Claim Form by September 29, 2009 to receive any money.
Exclude Yourself If you exclude yourself from the settlement, you will not be bound by the settlement or judgment and will not be entitled to a cash payment. You will be free to pursue your claims against the Defendant. This is the only option that allows you to bring or be part of any other lawsuit against the Defendant in this case about the same legal claims that are advanced in this case.You must exclude yourself from the settlement by July 16, 2009.
Object If you do not exclude yourself, you may write to the Court about why you do not like the settlement or the request for legal fees and costs. You must send a written objection to the Court postmarked no later than July 16, 2009.
Go to a Hearing on October 9, 2009 You may ask to speak in Court about the fairness of the settlement or the request for fees and costs.
Do Nothing You get no payment. You give up your right to sue Defendants on these claims later.
I. WHY DID I GET THIS NOTICE PACKAGE?

You or someone in your family may have been charged with misdemeanors, summary offenses, violations of probation or parole, civil commitments, or minor crimes, in Dauphin County, from September 16, 2005 to March 12, 2008 and been subject to a strip search.

The Court sent you this notice because you have the right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court approves it, and after any possible objections and appeals are resolved, an administrator appointed by the Court will make the monetary payments that the settlement allows. You will be informed of the progress of the settlement. You should understand that the process of Court approval may take a good deal of time.

This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them and how to get them.

The Court in charge of this case is the United States District Court for the Middle District of Pennsylvania, United States District Judge Thomas I. Vanaskie presiding. The case is called Reynolds, et al. v. County of Dauphin, No. 1:07-CV-01688. The people who brought suit are called the Plaintiffs. Plaintiffs sued the County of Dauphin.

II. WHAT IS THIS LAWSUIT ABOUT?

Plaintiffs claim in this lawsuit that the County of Dauphin illegally strip searched individuals who were charged with misdemeanor crimes, violations of probation or parole or intermediate punishment, or other minor offenses upon their admission to the Dauphin County Prison, in violation of the unreasonable search provisions of the United States Constitution. Defendant denies that it did anything wrong, and contends that even if the County did do something wrong, Plaintiffs and the Class Members are not entitled to any money as a result of being searched.

III. WHY IS THIS A CLASS ACTION?

In a class action, one or more people, called the Class Representatives, sue on behalf of all people who have similar claims. All of these people are a Class or Class Members. A class action resolves the issues for all Class Members, except for those who exclude themselves from the Class. United States District Judge Thomas Vanaskie is in charge of this class action.

IV. WHY IS THERE A SETTLEMENT?

The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the costs and risks of a trial, and the people affected will get compensation. The Class Representatives and their attorneys think the settlement is best for everyone who is alleged to have been illegally strip searched.

V. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?

All persons who have been placed into the custody of the Dauphin County Prison after being charged and arrested within the County of Dauphin with misdemeanors, summary offenses, violations of probation or parole, civil commitments, or minor crimes, and who were strip searched upon their transfer and entry into Dauphin County Prison. The class period commences on September 16, 2005 and extends until March 12, 2008. Specifically excluded from the Class are the Defendant and any and all of its respective affiliates, legal representatives, heirs, successors, employees or assignees.

The settlement does not cover individuals charged with felony offenses at the time of their entry into the Dauphin County Prison, anyone who entered the Dauphin County Prison after being convicted of (as compared to only being charged with) a crime, or anyone who entered the Prison but was not strip searched as part of the Prison's booking procedure.

VI. DO I NEED TO PROVE THAT I WAS STRIP-SEARCHED, AND WHAT DOES THAT MEAN?

In filling out the Claim Form, you will affirm, under penalty of perjury, that you were strip searched during the admission process at the Dauphin County Prison. If your name is not contained in Dauphin County's records, you may be asked to provide additional documentation before being allowed to participate in the settlement.

A strip search occurred if, during the admission process, you were ordered to take off all of your clothes by a Dauphin County employee, with that employee watching you undress. Some members of the Class may also have been forced to bend at the waist or manipulate body parts to allow for a visual inspection. If you were searched in this manner when you were booked into the facility, you are a member of the Class and entitled to make a claim. You will need to provide an affirmation on the Claim Form confirming that one of these searches was conducted on you when you entered the Dauphin County Prison.

VII. HOW DO I KNOW WHETHER THE CRIME FOR WHICH I WAS CHARGED UPON ADMISSION TO THE DAUPHIN COUNTY PRISON QUALIFIES ME FOR INCLUSION IN THE CLASS?

You must have been brought to the Dauphin County Prison before a judge had sentenced you (pre-adjudication) to be eligible to recover, and the charges must have been misdemeanor or summary offenses or violation of probation, parole or intermediate punishment. Everyone brought to the Dauphin County Prison pre-adjudication on misdemeanor and/or summary offenses and/or violation of probation or parole or intermediate punishment and who was strip searched upon admission is eligible under this settlement agreement.

Finally, if you were arrested and brought to the Dauphin County Prison under traffic offenses or traffic warrants, failing to pay fines and contempt, pre-adjudication, you are eligible under the Settlement Agreement. Consequently, if you failed to honor a payment order with a municipal court and were arrested, or failed to appear for a municipal court date and arrested, brought to the Dauphin County Prison and strip searched, you are eligible to receive a settlement payment.

VIII. I WAS ADMITTED TO THE DAUPHIN COUNTY PRISON BUT I CAN'T REMEMBER WHAT MY CRIMINAL CHARGES WERE. HOW CAN I FIND THIS OUT, AND HOW DO I KNOW IF THE CHARGE WAS A MISDEMEANOR OR VIOLATION?

There are several ways for potential Class Members to determine the nature of their criminal charges. First, you can review your charging documents, which should reflect both your actual charges and whether the charges were a misdemeanor offense. If you do not have your charging document and remember the local court where you were prosecuted, the court clerk will be able to help you find these documents.

If you need additional help determining whether you are a Class Member, or if you have other questions, you can contact the Settlement Administrator at 1-866-397-6019.

You can still make a claim if you do not remember your criminal charges if you believe you are a member of the Class, but you may be asked for additional information.

IX. I PLED GUILTY TO A CRIME. HOW DOES THIS AFFECT MY RIGHT TO PARTICIPATE IN THE SETTLEMENT?

If you were admitted to the Dauphin County Prison solely on minor charges, as defined above, you can participate in the settlement regardless of how you resolved your criminal charges, including if you pled guilty to those charges. This is provided that you were admitted to the Prison before being sentenced by a court. For most Class Members, this would mean that they were committed to the Dauphin County Prison after they were arraigned before a Judge. If you were sentenced before admission to the Prison (meaning you were committed after pleading guilty or being convicted at trial) you are not a Class Member.

X. WHAT IF I WAS ADMITTED TO THE DAUPHIN COUNTY PRISON ON MORE THAN ONE OCCASION DURING THE CLASS PERIOD? CAN I STILL PARTICIPATE IN THE SETTLEMENT?

Yes. Individuals who were admitted to the Dauphin County Prison on more than one occasion during the class period can be members of the Class and can recover money. They can only recover one payment, however, meaning that you will not be provided with extra payments if you were admitted to the Dauphin County Prison more than one time.

XI. I AM STILL NOT SURE IF I AM INCLUDED.

If you are still not sure if you are included, you can ask for help. You can call 1-866-397-6019 and the Settlement Administrator or Class Counsel may help answer your questions. For more information, you can also visit the website, www.dauphincountystripsearch.com, or you can just fill out the Claim Form and return it to the Settlement Administrator to see if you qualify.

THE SETTLEMENT BENEFITS - WHAT YOU GET

XII. WHAT DOES THE SETTLEMENT PROVIDE?

States Self-Insured Risk Retention Group has agreed to pay $2,160,500.00 to resolve this litigation. That money will be used to: 1) compensate Class Members who have been illegally strip searched; 2) pay for notifying Class Members and administering the settlement; 3) pay incentive awards to the named Plaintiffs, Jennifer Reynolds, Ashley McCormick and Devon Shepard; and 4) pay attorneys' fees and expenses. A complete description of the settlement is provided in the Settlement Agreement. You can get a copy of the Settlement Agreement by visiting www.dauphincountystripsearch.com or by calling 1-866-397-6019.

XIII. WHAT CAN I GET FROM THE SETTLEMENT?

The settlement provides that all Class Members who make claims will receive an equal share of $2,160,500.00, minus the costs of notice and administration, incentive awards for the named Plaintiffs, attorneys' fees, and expenses, except that payment to each Class Member will be no more than $1,400.00. These amounts are dependent on how many claims are received by the Claims Administrator during the claims period, and are subject to change based the number of claims received. No amount is guaranteed.

If any money is left over after each claimant has received his or her share of the settlement fund, Defendant Dauphin County will receive it.

HOW YOU GET A PAYMENT - SUBMITTING A CLAIM FORM

XIV. HOW CAN I GET A PAYMENT?

To qualify for a payment, you MUST send in a Claim Form. A claim form accompanies this Notice. You can also get a claim form on the Internet at www.dauphincountystripsearch.com. Read the instructions carefully, fill out the form, sign it, and mail it postmarked no later than September 29, 2009.

You may be asked for additional documents, and will be contacted in writing. You may want to send in your claim form by Certified Mail, Return Receipt Requested, to ensure that it is received by the Settlement Administrator.

XV. WHEN WOULD I GET MY PAYMENT?

The Court will hold a hearing on October 9, 2009 at 1:30 p.m. to decide whether to approve the settlement. If Judge Vanaskie approves the settlement, there may be appeals. It is always uncertain whether those appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who sends in a claim form will be informed of the progress of the settlement. Please be patient.

XVI. WHAT AM I GIVING UP TO GET A PAYMENT OR STAY IN THE CLASS?

Unless you exclude yourself, you are staying in the Class, and that means you can't sue, continue to sue, or be part of any other lawsuit against Dauphin County, its employees, or its elected officials about the legal issues in this case. It also means that all the Court's orders will apply to you and legally bind you. If you sign the claim form, you will agree to release all claims that you have relating to having been strip searched.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want a payment from this settlement, but you want to keep the right to sue or continue to sue Dauphin County on your own about the legal issues in this case, then you must take steps to preserve these rights. This is called excluding yourself - or is sometimes referred to as "opting out" of the Settlement Class.

XVII. HOW DO I GET OUT OF THE SETTLEMENT?

To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Reynolds et al. v. County of Dauphin. Be sure to include your name, address, telephone number and your signature. You must mail your exclusion request postmarked no later than July 16, 2009, to Dauphin County Settlement, c/o The Garden City Group, Inc., PO Box 9342, Dublin, OH 43017-4242.

You can't exclude yourself on the phone or by email. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Dauphin County in the future.

XVIII. IF I DO NOT EXCLUDE MYSELF, CAN I SUE DAUPHIN COUNTY FOR THE SAME THING LATER?

No. Unless you exclude yourself, you give up the right to sue Dauphin County for the claims that this settlement involves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this class action to continue your own lawsuit. Remember, the exclusion deadline is July 16, 2009.

XIX. IF I EXCLUDE MYSELF, CAN I GET MONEY FROM THE SETTLEMENT?

No. If you exclude yourself, do not send in a claim form to ask for money. But, you may sue, continue to sue, or be part of a different lawsuit against Dauphin County.

THE LAWYERS AND INDIVIDUALS REPRESENTING YOU

XX. DO I HAVE A LAWYER IN THIS CASE?

The Court approved Alan M. Ross, Esquire of the Law Offices of Alan M. Ross, Esquire; Elmer Robert Keach, III, Esquire of the Law Offices of Elmer Robert Keach, III, PC; Charles J. LaDuca, Esquire of Cuneo Gilbert & LaDuca, LLP; Gary Mason, Esquire of The Mason Law Firm; and Daniel C. Levin, Esquire of Levin Fishbein Sedran & Berman, to represent you and other Class Members. Together, the lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

XXI. HOW WILL THE LAWYERS AND THE CLASS REPRESENTATIVES BE PAID?

Class Counsel will ask the Court for attorneys' fees and expenses as a percentage of the $2,160,500 settlement, and payments of $15,000 for Class Representatives Jennifer Reynolds and Ashley McCormick, and payment of $10,000 for Class Representative Devon Shepard. The Settlement Agreement provides that thirty percent of the settlement fund will be paid to Class Counsel as an award of attorneys' fees, together with an award for the reimbursement of expenses. These amounts will be deducted from the settlement fund before payments are made to Class Members. The costs of administering the settlement will also be deducted from the settlement fund.

OBJECTING TO THE SETTLEMENT

You can tell the Court that you do not agree with the settlement or some part of it.

XXII. HOW DO I TELL THE COURT THAT I DO NOT LIKE THE SETTLEMENT?

If you are a Class Member, you can object to the settlement if you don't like any part of it. You can give objections why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to Reynolds et al. v. County of Dauphin. Be sure to include your name, address, telephone number, your signature, and the reasons why you object to this settlement. Mail the objection to these three different places postmarked no later than July 16, 2009.

COURT
Clerk of the Court
United States District Court
Middle District of Pennsylvania
William J. Nealon Federal Building & U.S. Courthouse
235 N. Washington Avenue
P.O. Box 1148
Scranton, PA 18501



 CLASS COUNSEL
Alan M. Ross, Esquire
Law Offices of Alan Ross
2001 North Front Street, Suite 220
Harrisburg, PA 17102






 DEFENSE COUNSEL
Frank Lavery, Esquire
Lavery, Faherty, Young & Patterson
225 Market Street, Suite 304
Harrisburg, PA 17108

Carol Steinour Young, Esquire
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166

XXIII. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING MYSELF?

Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be a part of the Class. If you exclude yourself, you have no basis to object because the case no longer legally affects you.

THE COURT'S FAIRNESS HEARING

The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you do not have to do so.

XXIV. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

On Friday, October 9, 2009 at 1:30 p.m. the United States District Court for the Middle District of Pennsylvania will hold a fairness hearing in the Federal Building & U.S. Courthouse, 228 Walnut Street, P.O. Box 983, Harrisburg, PA 17108, in a courtroom to be designated by the Clerk of the Court, to determine whether the Class was properly certified and whether the proposed settlement is fair, adequate, and reasonable. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. This hearing may be continued or rescheduled by the Court without further notice. We do not know how long it will take the Court to give its decision.

XXV. DO I HAVE TO COME TO THE HEARING?

No. Class Counsel will answer questions Judge Vanaskie may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not required.

XXVI. MAY I SPEAK AT THE HEARING?

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your "Notice of Intention to Appear in Reynolds, et al. v. County of Dauphin." Be sure to include your name, address, telephone number and your signature. Your Notice of Intention to Appear must be postmarked no later than July 16, 2009 and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses in question XXII. You cannot speak at this hearing if you excluded yourself.

IF YOU DO NOTHING

XXVII. WHAT HAPPENS IF I DO NOTHING AT ALL?

If you do nothing, you will get no money from the settlement. But, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Dauphin County about the legal issues in this case, ever again. Unless you exclude yourself, you need to file a claim to receive a monetary payment under the settlement.

GETTING MORE INFORMATION

XXVIII. ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?

This Notice summarizes the proposed settlement. More details are in a Settlement Agreement. You can get a copy of the Settlement Agreement by writing to the Settlement Administrator at Dauphin County Settlement, c/o The Garden City Group, Inc., PO Box 9342, Dublin, OH 43017-4242 or by visiting www.dauphincountystripsearch.com.

XXIX. HOW DO I GET MORE INFORMATION?

You can call 1-866-397-6019, write to the Settlement Administrator at Dauphin County Settlement, c/o The Garden City Group, Inc., PO Box 9342, Dublin, OH 43017-4242, or visit the website at www.dauphincountystripsearch.com, where you will find answers to common questions about the settlement, a claim form, plus other information to help you determine whether you are a Class Member and whether you are eligible for payment.