Frequently Asked Questions
The Notice to Class Members is in question and answer format, and provides answers to what have been anticipated to be important questions that class members may have about the settlement agreement, how it affects their rights, and deadlines and procedures for submitting claims.
Please read the Class Notice to see if your question is answered there.
If not, you can contact the Class Administrator at the following toll free telephone number: 1-877-678-0736.
It is essential that Claimants immediately update the Claims Administrator with any address or contact information changes, in order to ensure that correspondence and compensation be properly directed and received.
You may either fax or mail your new address to the Claims Administrator. The information that needs to be included in your request is the name of the case (Barham v. Ramsey), your name, your old address, your new address, the last four digits of your social security number, your phone number, and your signature. The fax number for the Claims Administrator is 415-256-9756 and the address for the Claims Administrator is Barham v. Ramsey, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060.
Q: When will I receive a check? What amount will it be?
(For class members who have been approved / deemed eligible to participate in the settlement.)
Checks for the first settlement payment were posted by USPS in the last week of December, 2010. If you do not receive your check by the end of the first week in January, 2011, please contact the Class Administrator.
The second payment check will be sent during calendar year 2011, most likely in the fourth quarter. Please update the Class Administrator with any changes in your contact / mailing information.
The total compensation you will receive from the defendants over the two payment checks will be approximately $16,000.
Q: Is my settlement taxable?
A: Class Counsel and the Class Administrator cannot provide you with tax advice. However, questions regarding taxability arise frequently, and we have gathered together information from the case that you can take to your tax preparer or adviser, or use yourself, in determining taxability.
The
IRS Publication 4345 addresses taxability of settlements, and states that settlements for physical injuries are generally non-taxable.
The complaint in this class action alleged that class members suffered physical injuries, including from the severity of handcuffing on busses as well as from being placed in a "stress and duress" position whereby arrestees were bound with their hand shackled or cuffed to the opposite wrist for hours. Other claims regarding physical injury are in the First Amended Complaint. A copy of the Barham Class Action First Amended Complaint can be retrieved by clicking
here.
The record reflects that the class has alleged, and presented record evidence in support of its claims, that the use of irregular wrist-to-ankle restraints to place arrestees in what they described to be a "stress and duress" position resulting in physical injuries including "pain that some described as 'agonizing' and 'severe' throughout their lengthy period of detention. A number of the Class Representatives suffered long term recurrent pain or injury from this unnecessarily harsh and painful manner of restraint." This is reflected in the Class Plaintiffs' Opposition to the District of Columbia's Motion for Partial Summary Judgment. The class submitted twenty (20) supporting exhibits, including fifteen sworn statements from Class Representatives in the form of deposition transcripts or affidavits.
The Class Plaintiffs' Opposition to the District of Columbia's Partial Motion for Summary Judgment and exhibits follow below:
Class Plaintiffs' Opposition
Statement of Genuine Issue of Material Fact in Dispute
Ex 1 - Depo of District of Columbia through Cathy Lanier in Barham case
Ex 2 - Depo of Herold in Barham case
Ex 3 - Depo of Lanier in Barham case
Ex 4 - Depo of Acosta in Alliance case
Ex 5 - Depo of District of Columbia through Jeffrey Herold in Alliance case
Ex 6 - Depo of Broadbent in Alliance case
Ex 7 - Depo of Herold in Alliance case
Ex 8 - Depo of Lanier in Alliance case
Ex 9 - Depo of Charles Ramsey in Alliance case
Ex 10 - MPD General Order
Ex 11 - Depo of Passacantando
Ex 12 - Djeddaoui Prichard Affidavit
Ex 13 - Casey Legler Affidavit
Ex 14 - Norton Affidavit
Ex 15 - Wood Affidavit
Ex 16 - Canales Affidavit
Ex 17 - Swanson Affidavit
Ex 18 - Phelan Affidavit
Ex 19 - Durham Affidavit
Ex 20 - Young Affidavit
Ex 21 - Prisoner Control Plan
Ex 22 - Depo of Barham
Ex 23 - Depo of Garcia_Spitzt
Ex 24 - Depo of Jackson
Ex 25 - Depo of Djeddaoui Prichard
Ex 26 - Depo of Young
Distinct from the wrist-to-ankle restraints used at the Blue Plains facility, the
First Amended Complaint also alleges that the handcuffs used on class members to cuff their wrists on the busses were excessively severe and painful.
The
Settlement Agreement clearly states that the settlement resolves all "tort and personal injury claims" and is "for all claims arising . . . from the allegations in the complaint."
As reflected in
Settlement Agreement and in
this document , it is the intent of the parties to the settlement agreement, as reflected in the agreement, that it constitutes a full release of all class member claims including those for physical injury or harm.
The materials linked to in this FAQ are record materials that you may find to be useful to bring to your tax preparer or in support of your tax filings. You should, of course, also gather any information that relates to your individual circumstances, personal narratives, medical bills or expenses, any information that relates to the physical injury you may have experienced.
Q: Will the Records of My Arrest in Pershing Park be Expunged; Will My Arrest be Nullified?
A: Yes. Separate from the class settlement with the District of Columbia defendants, and early in the litigation, Class Counsel sought to address the issue of expungement of criminal history and arrest records for all those who were subject to the arrest at Pershing Park on September 27, 2002.
Arrest annulment relief was granted by Court Order dated January 28, 2008 (Dkt. No. 405). Among other relief set forth in that Order, the Court did declare that
“The arrests of the Barham Plaintiffs and the absent class members are hereby declared null and void. Each of the Barham plaintiffs and the individual absent class members is authorized to deny the occurrence of his or her arrest that day, without being subject to any penalty of perjury, fraud or other offense premised upon misrepresentation or deception in response to any inquiry, whether posed orally or in writing. These rights accrue to the full benefit of any absent class member regardless of whether an individualized entry of a nullification order is entered.”
A copy of the January 28, 2008 order is available by clicking
here.
The District of Columbia has also agreed to take appropriate steps to expunge (i.e., seal or remove) or procure expungement of the September 27, 2002 arrest records of any Pershing Park class member, including those in the possession of the United States Government, including the Federal Bureau of Investigation.
Q: What About Claims Against the Federal Defendants?
A: Additional claims against Federal defendants, including claims for monetary damages, remain pending. In other words, while there is no promise that there will be additional monetary recovery, these claims for money damages are active and pending and may be resolved through settlement or trial with an additional award of damages to those who were arrested.
This page will be periodically updated to provide responses to the most frequently asked questions by potential claimants to the Class Administrator.