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

NOTICE OF PROPOSED SETTLEMENT AND HEARING

If You Were Admitted To The Chester County Prison From September 12, 2006 – April 30, 2010 And Were Deloused Upon Admission, Then Your Rights Could Be Affected By A Proposed Class Action Settlement.

The United States District Court for the Eastern 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 Chester County Prison engaged in the improper delousing of all individuals charged with only minor offenses upon their entry into the Chester County Prison from September 12, 2006 - April 30, 2010. After the Litigation was filed, Defendant changed its delousing policy. The proposed Settlement does not include individuals who were convicted at the time of their admission to the Chester County Prison, or who were not deloused when they entered the Chester County Prison or who were arrested for drug offenses.
• The Settlement would entitle each Class Member to a share of a $1.1 million Settlement Fund (after payment of administrative costs, an incentive award to the representative plaintiff, and attorneys’ fees and costs). However, any monies, fees, fines or costs you owe to Chester County or any delinquent support obligations you have will be deducted from any award that the Court ultimately determines appropriate.
• Your legal rights are affected whether you act or don’t act. Read this notice carefully.

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 January 3, 2012 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 October 20, 2011.
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 October 20, 2011.
Go to a Hearing	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.

• 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 may have been admitted to the Chester County Prison after being charged with misdemeanors, summary offenses, traffic infractions, civil commitments, or other minor crimes (other than drug related offenses), or certain violations of probation or bench warrants and did not have a previous conviction for a felony or serious misdemeanor from September 12, 2006 - April 30, 2010 and been subject to a delousing. You will not be eligible for a monetary award if you came to the Prison after being charged with a felony, drug offense or if the Prison had particularized suspicion that you were concealing drugs or weapons.

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 Eastern District of Pennsylvania, with the Honorable Legrome Davis presiding. The case is called Gwiazdowski v. County of Chester, Case No. 08-4663. The person who sued is called the Plaintiff, and the county she sued, the County of Chester, is called the Defendant.

II. WHAT IS THIS LAWSUIT ABOUT?

Plaintiffs claim in this lawsuit that the County of Chester improperly deloused individuals upon their admission to the Chester County Prison 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 deloused.

III. WHY IS THIS A CLASS ACTION?

In a class action, one or more people, called the Class Representative (in this case, Mary Gwiazdowski), 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 Legrome Davis is in charge of this class action lawsuit.

IV. WHY IS THERE A SETTLEMENT?

The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to a Settlement. That way, they avoid the costs and risks of a trial, and the people affected are entitled to get compensation, with various carve-outs. The Class Representative and her attorneys think the Settlement is best for everyone who is alleged to have been illegally deloused.

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 Chester County Prison 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, other than a drug or drug-related offense and if the Prison had particularized suspicion that you were concealing drugs or weapons.

The Settlement Class includes the following class:

All persons who have been or will be placed into custody of the Chester County Prison after being detained for misdemeanors, summary offenses, violations of parole, traffic infractions, civil commitments, or other similar charges and/or crimes and were or will be strip searched upon their transfer and/or entry into Chester County Prison pursuant to the policy, custom, and practice of the Chester County Prison.

All persons who have been or will be placed into the custody of the Chester County Prison after being detained for misdemeanors, summary offenses, violations of parole, traffic infractions, civil commitments, or other similar charges and/or crimes and were or will be strip searched upon their transfer and/or entry into the Chester County Prison pursuant to the policy, custom, and practice of the Chester County Prison.

The Settlement does not cover individuals who entered the Chester County Prison after being convicted of (as compared to only being charged with) a crime, or anyone who entered the Chester County Prison but was not deloused as part of the Chester County Prison’s booking procedure or detainees who the Prison had reasonable suspicion that they were concealing drugs or weapons.

VI. DO I NEED TO PROVE THAT IWAS DELOUSED, AND WHAT DOES THAT MEAN?

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

A delousing occurred if, during the admission process, you were ordered to take off all of your clothes by a Chester County Prison employee, who then sprayed a solution on your body. If you were deloused 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 you entered the Chester County Prison.

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

You were placed in the custody of the Chester County Prison 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 Chester County Prison pre-adjudication on such minor offenses (other than drug or drug-related offenses) and deloused in the absence of reasonable suspicion upon admission during the Class Period is eligible under this Settlement Agreement.

For example, you are eligible under the Settlement Agreement if you were admitted to the Chester County Prison 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 Chester County Prison. Individuals admitted to the Chester County Prison, 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 the Chester County Prison 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 magisterial district court and were arrested, or failed to appear for a magisterial district court date and arrested, brought to the Chester County Prison and deloused, you are eligible to receive a settlement payment.

VIII. I WAS ADMITTED TO THE CHESTER 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 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 1-877-841-8158.

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 Chester County Prison 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 Chester County Prison during the Class Period before being sentenced by a court. For most Class Members, this would mean that they were committed to the Chester County Prison after they were arraigned before a Judge. If you were sentenced before admission to the Chester County 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 CHESTER 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 Chester 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 Chester County Prison more than one time. Your class will be determined based on your first admission to the Chester County Prison during the Class Period.

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 1-877-841-8158 and the Settlement Administrator or Class Counsel may help answer your questions, 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 $1,100,000 (One Million One Hundred Thousand Dollars) to resolve this Litigation. The money will be used to: 1) compensate Class Members who have been illegally deloused; 2) pay $147,500 for notifying Class Members and administering the Settlement; 3) pay incentive award of $5,000 to the named Plaintiff Mary Gwiazdowski; and 4) pay attorneys’ fees in the total amount of $300,000.00 and reasonable expenses.

The Settlement also provides that in the event a Class Member owes any obligations to the County, or owes any form of child or spousal support, those obligations will be subtracted from any amount to which you are entitled under the Settlement.

A complete description of the Settlement is provided in the Settlement Agreement. You can get a copy of the Settlement Agreement by visiting Clicking Here or by calling 1-877-841-8158.

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 $952,500, minus an incentive award for the Class Representative, attorneys’ fees and expenses. Class Counsel anticipates, based on claims rates from other settlements, that all individuals who are members of the class will receive up to $370 as a settlement payment. These amounts are dependent on how many claims are received by the Settlement 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 $370. No amount is guaranteed and any monies, fees, fines or costs you owe to Chester County or any delinquent support obligations you have will be deducted from any award that the Court ultimately determines appropriate.

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 can be obtained by Clicking Here. Read the instructions carefully, fill out the form, sign it, and mail it postmarked no later than January 3, 2012.

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 January 9, 2012 to decide whether to approve the Settlement. If Judge Davis 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. WHATAMI GIVING UP TO GETA 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 Chester, 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 deloused.

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 Chester 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 Gwiazdowski v. County of Chester. Be sure to include your name, address, telephone number and your signature. You must mail your exclusion request postmarked no later than October 20, 2011 to Chester County Prison Settlement, c/o Settlement Administrator, P.O. Box 1327, 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 Chester in the future.

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

No. Unless you exclude yourself, you give up the right to sue the County of Chester 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 October 20, 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 Chester.

THE LAWYERS AND INDIVIDUALS REPRESENTING YOU

XX. DO I HAVE A LAWYER IN THIS CASE?

The Court approved Levin, Fishbein, Sedran & Berman, Philadelphia; Kevin T. Birley, Esquire, Philadelphia; Feldman & Pinto, Philadelphia; and Cuneo Gilbert & Laduca, LLP, Washington 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 $1,100,000 (One Million One Hundred Thousand Dollars) settlement, and a payment of $5,000 (Five Thousand Dollars) for Class Representative Mary Gwiazdowski. The Settlement Agreement provides that $300,000 of the Settlement Fund will be paid to Class Counsel as an award of attorneys’ fees, together with an additional 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 capped at $147,500, 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 Gwiazdowski v. County of Chester, Case No. 08-4463 to include your name, address, telephone number, your signature, and the reasons why you object to this Settlement and the case number (08-4663). Mail the objection to these three different places postmarked no later than October 20, 2011.

COURT
U.S. District Court for the Eastern District of Pennsylvania
Office of the Clerk of Court
James A. Byrne Federal Courthouse
601 Market Street, Room 2609
Philadelphia, PA 19106-1797

CLASS COUNSEL
Daniel C. Levin, Esquire
Levin, Fishbein, Sedran & Berman
510 Walnut Street, Ste. 500
Philadelphia, PA 19106

DEFENSE COUNSEL
Guy A. Donatelli, Esquire
Lamb McErlane PC
24 E. Market Street
P.O. Box 565
West Chester, PA 19381

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 January 9, 2012 at 10:00 a.m., the U.S. District Court for the Eastern District of Pennsylvania will hold a fairness hearing in the James A. Byrne Federal Courthouse, 601 Market Street, Philadelphia, PA 19106, in Courtroom 6A 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 Davis 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 Gwiazdowski v. County of Chester”, Case No. 08-4463. Be sure to include your name, address, telephone number and your signature and the case number 08-4463. Your Notice of Intention to Appear must be postmarked no later than October 20, 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 Chester 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 Chester County Prison Settlement, c/o Settlement Administrator, P.O. Box 1327, Blue Bell, PA 19422 or by Clicking Here .