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

NOTICE OF PROPOSED SETTLEMENT AND HEARING

If You Were Admitted To The Allegheny County Jail From July 13, 2004 to March 18, 2008 And Were Strip Searched Upon Admission, Then Your Rights Could Be Affected By A Proposed Class Action Settlement.

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

• This is a proposed Settlement of a Class Action lawsuit alleging that corrections officers employed at the Allegheny County Jail engaged in the illegal strip searches of all persons who have been incarcerated at the Allegheny County Jail commencing on July 13, 2004 and continuing to March 18, 2008 who, after being charged but not convicted of misdemeanors, summary offenses, civil commitments and traffic infractions as defined by the laws of the Commonwealth of Pennsylvania, as well as parole or probation violations where the underlying offense is a misdemeanor, summary offense or traffic infraction who, pursuant to the policy of Allegheny County, have been strip searched upon their entry into the Allegheny County Jail without reasonable suspicion.
• The Settlement would entitle each Class Member to a share of a $3 million Settlement Fund (after payment of administrative costs, an incentive award to the representative Plaintiffs, and attorneys’ fees).
• Visit the Settlement Website at www.alleghenystripsearch.com for additional details about the Settlement. You may also get additional information by calling 1-888-214-2966 or by writing to Allegheny Strip Search Litigation, c/o Settlement Administrator, P.O. Box 1367, Blue Bell, PA 19422.
• Your legal rights are affected whether you act or don’t act. Read this notice carefully.

• These rights and options – and the deadlines to exercise them – are explained in this notice.
• The Court in charge of this case still must decide whether to give final approval to the Settlement. Likewise, payments to Class Members will be distributed only if the Court grants final approval of the Settlement and after any appeals are resolved.

I. WHY DID I GET THIS NOTICE PACKAGE?

You or someone in your family may have been admitted to the Allegheny County Jail after being charged with misdemeanors, summary offenses, traffic infractions, civil commitments, or other minor crimes, or certain violations of parole, probation or bench warrants where the underlying crime was a misdemeanor from July 13, 2004 to March 18, 2008 and been subject to a strip search.

You were sent 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 Western District of Pennsylvania, United States District Judge Terrence F. McVerry presiding. The case is called Delandro, et al. v. County of Allegheny, Case No. 2:06-CV-927. The persons who sued are called the Plaintiffs, and the municipality they sued, the County of Allegheny, is called the Defendant.

II. WHAT IS THIS LAWSUIT ABOUT?

Plaintiffs claim in this lawsuit that the County of Allegheny illegally strip searched individuals upon their admission to the Allegheny County Jail who were charged with minor offenses, in violation of the unreasonable search provisions of the United States Constitution. Defendant denies that it did anything wrong, and contends that even if it did do anything 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 (in this case, Karen Murphy and Harry Delandro), 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 Terrance F. McVerry is in charge of this Class Action lawsuit.

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?

Everyone who fits the following description is a Settlement Class Member: you were placed in the custody of the Allegheny County Jail between July 13, 2004 and continuing toMarch 18, 2008, after being charged with misdemeanors; summary offenses; traffic infractions; civil commitments or other minor crimes; or bench warrants, parole violations or probation violations where the underlying charge was a misdemeanor, summary offense or other minor crime.

The Settlement does not cover individuals who entered the Allegheny County Jail after being convicted of (as compared to only being charged with) a crime, individuals charged with felonies upon their entry into the Allegheny County Jail, or anyone who entered the Allegheny County Jail but was not strip searched as part of the Allegheny County Jail’s booking procedure. Based on discovery in this action, it is clear that many individuals who entered theAllegheny County Jail were not strip searched because they were bailed out or otherwise released before receiving the Allegheny County Jail uniform.

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 Allegheny County Jail. If your name is not contained in Allegheny County Jail’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 some or all of your clothes by an Allegheny County Jail employee, with that employee watching you undress. Almost all members of the Class may also have been forced to bend at the waist or manipulate body parts to allow for a visual inspection. These searches almost always occurred when someone received the Jail Uniform in the Jail’s shower room. If you were searched in this manner when you were booked into the facility and meet the other eligibility criteria, 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 Allegheny County Jail.

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

You were placed in the custody of the Allegheny County Jail after being charged with misdemeanors; summary offenses; traffic infractions; civil commitments or other minor crimes; or bench warrants or probation violations where the underlying charge was a misdemeanor, summary offense or other minor crime. Everyone brought to the Allegheny County Jail pre-adjudication on such minor offenses and strip searched in the absence of reasonable suspicion upon admission during the Class Period is eligible under this Settlement Agreement.

You are eligible to make a claim on the settlement if you were charged with a misdemeanor or summary offense when you entered the Allegheny County Jail. Misdemeanors are minor crimes under Pennsylvania Law, and include charges such as trespassing, simple assault and driving while intoxicated. Summary offenses include regulatory offenses (hunting and fishing violations) or violations of municipal codes, such as noise or littering ordinances.

Additionally, you are eligible under the Settlement Agreement if you were admitted to the Allegheny County Jail subject to a civil commitment.A civil commitment is an order from a non-criminal court, usually the Family Court, committing that individual to the Allegheny County Jail. Individuals admitted to the Allegheny County Jail, on a civil commitment, for example, a commitment for failure to pay child support, are members of the Class.

Similarly, if you were arrested and brought to theAllegheny County Jail for traffic offenses or under 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 theAllegheny County Jail and strip searched, you are eligible to receive a settlement payment.

VIII. I WAS ADMITTED TO THE ALLEGHENY COUNTY JAIL 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 your actual charges. 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 1-888-214-2966.

You can still make a claim if you do not remember your criminal charges and 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 Allegheny County Jail solely on non-felony or other 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 Allegheny County Jail during the Class Period before being sentenced by a court. For most Class Members, this would mean that they were committed to the Allegheny County Jail after they were arraigned before a Judge. If you were sentenced before admission to the Allegheny County Jail (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 ALLEGHENY COUNTY JAIL ON MORE THAN ONE OCCASION DURING THE CLASS PERIOD? CAN I STILL PARTICIPATE IN THE SETTLEMENT?

Yes. Individuals who were admitted to the Allegheny County Jail 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 Allegheny County Jail 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 1-888-214-2966 and the Settlement Administrator or Class Counsel may help answer your questions. For more information, you can also visit the website, www.alleghenystripsearch.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?

Defendant has agreed to pay $3,000,000.00 (Three Million Dollars) to resolve this Litigation. The 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 of $18,000.00 each to the named Plaintiffs Karen Murphy and Harry Delandro 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.alleghenystripsearch.com or by calling 1-888-214-2966.

XIII. WHAT CAN I GET FROM THE SETTLEMENT?

The benefits that you will receive from the Settlement:

Members of the Class will receive an equal pro-rata share of $3,000,000.00, minus an incentive award for the Class Representatives, attorneys’ fees, and expenses. Class Counsel anticipates, based on claims rates from other settlements, that all individuals who are members of the Class that make a claim on the Settlement will receive between $600.00 and $900.00 as a settlement payment. These amounts are dependent on how many claims are received by the Claims Administrator during the claims period, and are subject to change based on the number of claims received. Payments to members of the Class shall not exceed $3,000.00. No amount is guaranteed.

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 is attached to this Notice. You can also get a claim form on the Internet at www.alleghenystripsearch.com. Read the instructions carefully, fill out the form, sign it, and mail it postmarked no later than March 29, 2011.

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 March 1, 2011 to decide whether to approve the Settlement. Because of the difficult financial situation facing Allegheny County, the County is making payments for the settlement fund in three phases. The County is expected to make two payments affecting the payments to class members, one on March 31, 2011 and one on June 30, 2011. All class members will be paid their settlement payments prior to the payment of expenses, attorneys’ fees or incentive awards. Payments will be made to class members in the order the claim forms are received by the Settlement Administrator, and all payments are expected to be completed in July 2011. However, even if Judge McVerry 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 the County of Allegheny, 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 the County of Allegheny 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 Delandro, et al. v. County of Allegheny. Be sure to include your name, address, telephone number and your signature. You must mail your exclusion request postmarked no later than January 13, 2011 to Allegheny Strip Search Litigation, c/o Settlement Administrator, P.O. Box 1367, Blue Bell, PA 19422.

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) the County of Allegheny in the future.

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

No. Unless you exclude yourself, you give up the right to sue the County of Allegheny 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 January 13, 2011.

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 the County of Allegheny.

THE LAWYERS AND INDIVIDUALS REPRESENTING YOU

XX. DO I HAVE A LAWYER IN THIS CASE?

The Court approved Robert Peirce and Associates, Pittsburgh, Pennsylvania; Levin, Fishbein, Sedran & Berman, Philadelphia, Pennsylvania; Mason, LLP, Washington, DC; The Law Offices of Elmer Robert Keach, III, PC, Amsterdam, NewYork; and Cuneo Gilbert & LaDuca, LLP,Washington, DC 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 $3,000,000.00 (Three Million Dollars) settlement, and a payment of $18,000.00 (Eighteen Thousand Dollars) each for Class Representatives Karen Murphy and Harry Delandro. The Settlement Agreement provides that thirty-three and one-third (33 1/3) 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, which are estimated at $235,000.00, 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 Delandro, et al. v. County of Allegheny to include your name, address, telephone number, your signature, and the reasons why you object to this Settlement and the case number (2:06-CV-927). Mail the objection to these three different places postmarked no later than January 13, 2011.

COURT
U.S. District Court for the Western District of Pennsylvania
Office of the Clerk of Court
700 Grant Street
Pittsburgh, PA 15219

CLASS COUNSEL
D. AARON RIHN, ESQUIRE
Robert Peirce & Associates, P.C.
2500 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219-1918

DEFENSE COUNSEL
CRAIG MARAVICH, ESQUIRE
Allegheny County Law Department
445 Fort Pitt Boulevard, Suite 300
Pittsburgh, PA 15219

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 March 1, 2011 the U.S. District Court for theWestern District of Pennsylvania will hold a fairness hearing in the Federal Courthouse, 700 Grant Street, 6th Floor, Pittsburgh, PA 15219, in Courtroom #6C 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 McVerry 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 Delandro, et al. v. County of Allegheny” case no. 2:06-CV-927. Be sure to include your name, address, telephone number and your signature and the case number 2:06-CV-927. Your Notice of Intention to Appear must be postmarked no later than January 13, 2011 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 the County of Allegheny 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 Allegheny Strip Search Litigation, c/o Settlement Administrator, P.O. Box 1367, Blue Bell, PA 19422 or by visiting www.alleghenystripsearch.com.

XXIX. HOW DO I GET MORE INFORMATION?

You can call 1-888-214-2966, write to the Settlement Administrator at Allegheny Strip Search Litigation, c/o Settlement Administrator, P.O. Box 1367, Blue Bell, PA 19422, or visit the website at www.alleghenystripsearch.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.