YOU MAY BE A CLASS MEMBER IF YOU ARE A PERSON WHOSE CRIMINAL HISTORY RECORD INFORMATION WAS MADE AVAILABLE ON THE BUCKS COUNTY CORRECTIONAL FACILITY INMATE LOOKUP TOOL BEFORE JUNE 18, 2013 (THE “CLASS”)
YOUR RIGHTS MAY BE AFFECTED BY A PENDING CLASS ACTION LAWSUIT. THE NOTICE ADVISES YOU OF YOUR OPTIONS REGARDING THE CLASS ACTION.
On May 28, 2019, after a four-day trial, a jury has found that Bucks County and the Bucks County Department of Corrections willfully violated the Criminal History Record Information Act. The jury awarded punitive damages in the amount of $1,000 to each class member. Defendant has filed an appeal with the Third Circuit Court of Appeals. The resolution of the appeal could take as long as 24 months. No funds will be distributed until after the appeal has be decided.
Please check this website often. Important updates will be posted on this website.
The Notice was sent pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Eastern District of Pennsylvania ("Court") to inform you (a) of a class action lawsuit that is now pending in the Court under the above caption ("Action") against Bucks County and the Bucks County Correctional Facility (collectively, "Defendants"); and (b) that the Action has been certified by the Court to proceed as a class action on behalf of the Class, as defined below.
The Notice is not a settlement notice and you are not being asked to submit a claim or claim any settlement benefit from this Action. There is no settlement or monetary recovery at this time.
The Court has not yet decided whether there will be an award of exemplary and punitive damages in favor of the Class Representative and the Class and against the County Defendants. Plaintiff alleges that the County Defendants’ conduct in violating CHRIA was “willful,” and that each posting of a Class members’ criminal record history information constituted a separate and independent violation of CHRIA, entitling each Class member to a minimum of $1,000 and a maximum of $10,000 in punitive damages, such amounts to be determined at trial. The County Defendants deny that their conduct was “willful,” and contend that even if their actions constituted a willful violation of CHRIA, there was only a single violation, creating a maximum punitive damages liability to the class of $10,000.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
If your criminal history information was posted on the Bucks County Correctional Facility’s Inmate Lookup Tool before June 18, 2013, you are a member of the Class. If you are a member of the Class, you have to decide whether to remain a member of the Class.
If you want to remain a member of the Class, you do not need to do anything at this time. Please see FAQ 9.
If you choose to be excluded from the Class, you will not be bound by any orders or judgments in this Action, nor will you be eligible to share in any recovery that might be obtained in this Action. Please see FAQ 10.
PLEASE KEEP YOUR ADDRESS CURRENT
To assist the Court and the parties in maintaining an accurate list of Class Members, you are requested to email notice of any changes in your address to ChriaLitigation@AdministratorClassAction.com or mail changes of address to:
BUCKS COUNTY CHRIA LITIGATION
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
If the Notice was forwarded to you by the Postal Service, or if it was otherwise sent to you at an address that is not current, you should immediately contact the Administrator providing them with your correct address. If the Administrator does not have your correct address, you may not receive notice of important developments in this Action.
WHERE YOU CAN FIND ADDITIONAL INFORMATION
For more detailed information regarding the Action please review the documents contained on the Important Documents page, you may also contact Class Counsel. You may also contact the Administrator at Bucks County CHRIA Litigation, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or by email at ChriaLitigation@AdministratorClassAction.com.
All orders, and other documents filed in this Action are available at http://www.pacer.gov or at the office of the Clerk of the Court, United States District Court for the Eastern District of Pennsylvania, U.S. Federal Building and Courthouse, Second Floor, 601 Market Street, Philadelphia, PA 19102, under Case No. 12-CIV-06867.
PLEASE DO NOT CALL OR WRITE TO
THE COURT OR CLERK OF THE COURT REGARDING THE NOTICE.