Major class action lawsuits often have the potential to allow plaintiffs to reap major settlement benefits. These cases can also drive systemic change by holding institutions accountable for widespread harm. Recently, New York City has agreed to settle a major class action lawsuit between plaintiffs who were held in custody longer than necessary. The deadline is approaching fast to apply to receive benefits from the settlement. Apply now to ensure that you receive your benefits.
How class action lawsuits hold cities accountable
When filing a motion against a federal organization, such as a state or local government, as an individual, the likelihood of your being able to do so is complicated. This is because governments often have “sovereign immunity,” which means that an individual cannot sue their state in a federal court. However, states and cities can consent to a private settlement and lawsuit in federal court.
If you do manage to arrange for a private lawsuit, you are much better off suing a city if it is a class action lawsuit. Class action lawsuits utilize collective strength from several plaintiffs with a similar grievance to strengthen their argument that a city has caused systemic and widespread harm to citizens. While you generally see class action lawsuits occurring more often against large businesses than governments, they do occur and often lead to both financial settlements as well as policy changes if the plaintiffs are successful.
Because of this potential for policy change, a class action lawsuit against a government is a powerful tool that citizens can use to benefit whole communities. They can put an end to unlawful policy practices as well as hold governments accountable for violating civic rights. Some of the biggest pieces of legislation we have today, such as the Clean Water Act (1972) and the Prison Litigation Reform Act (1994), are because individuals choose to come together to stand against governments.
New York City settles for $92.5 million
Recently, New York City has agreed to settle a class action lawsuit brought against the city with $92.5 million regarding allegations that it unlawfully detained and held individuals beyond their scheduled release date based solely on a detainer issued by the U.S. Immigration and Customs Enforcement (ICE). The settlement includes two subclasses of individuals who benefit from the case: the Statute of Limitations Group and the Recent Group.
Important dates in the NYC settlement
If your release date was scheduled between April 1, 1997, and December 21, 2012, and you were not released despite all conditions of release being met, and you were detained by the New York City Department of Corrections longer purely because of the ICE detainer, you qualify to benefit from the settlement. You fall into the Statute of Limitations Group if your release date was scheduled between April 1, 1997, and January 31, 2007. You fall into the Recent Group if your release date was scheduled between Feb. 1, 2007, and Dec. 21, 2012.
The deadline for objections or exclusions is May 15, 2025.
Settlement terms and conditions
Alleged by the plaintiffs, the New York City Department of Corrections only had the authority to hold individuals for up to 58 hours according to the ICE documentation; however, the New York City Department of Corrections is accused of holding individuals for longer than that. While New York City has not admitted to any wrongdoing, they have agreed to the $92.5 million settlement.
The settlement amount for plaintiffs will depend on how many days individuals were detained. The Recent Group receives a payment of between $20,000 and $48,000, while the Statute of Limitations Group will receive payment between $10,000 to $24,000. The exclusion and objection deadline is May 15, 2025. For more information about this settlement, you can visit Top Class Actions and get informed about how to file a claim. Plaintiffs do not need to provide proof of purpose.
