NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT A Federal Court authorized this notice. You are not being sued.

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1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Debra Baggett, et al., v. Michael J. Ashe, Jr., and Patricia Murphy, C.A. No. 11-cv MAP NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT A Federal Court authorized this notice. You are not being sued. You could get a payment of approximately $850 or more from a class action settlement if you were strip searched while a male officer videotaped the strip search at the Western Massachusetts Regional Women s Correctional Center, on or after September 15, Your legal rights will be affected whether or not you act. PLEASE READ THIS NOTICE CAREFULLY. If on at least one occasion since September 15, 2008, you were strip searched at the Western Massachusetts Regional Women s Correctional Center while a male corrections officer videotaped the strip search, you are a class member eligible to receive a payment. If you believe you qualify, you must submit a complete settlement claim form so that it is received by June 22, 2015, to: Law Offices of Howard Friedman, P.C. 90 Canal Street, Fifth Floor Boston, MA Attn: Hampden County Class Action If you submit a claim form and it is determined that you are eligible, you will share in this settlement. Each class member who submits a claim will receive an equal share of the settlement money. The amount Class Members receive will likely be at least $850. The amount depends on how many people submit claim forms. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A CLAIM FORM OBJECT DO NOTHING This is the only way to get a payment. Claim forms received after June 22, 2015, will not be considered for payment. Submit a completed Claim Form. Write to the Law Offices of Howard Friedman, P.C., explaining why you believe the settlement is unfair. Appear in Court at the Fairness Hearing on September 10, You get no payment but are still bound by the settlement. You may not file your own lawsuit for the claims raised in this case.

2 BASIC INFORMATION What is this lawsuit about? The plaintiff, Debra Baggett, is a former inmate at the Western Massachusetts Regional Women s Correctional Center in Chicopee ( WCC ). The lawsuit alleges that, while in custody, Ms. Baggett was taken to the Segregation Unit and strip searched while being videotaped by a male correctional officer. The lawsuit further alleges that the WCC policy permitting male correctional officers to videotape strip searches of the female inmates in non-emergency situations violated the inmates constitutional rights. The lawsuit does not concern strip searches at the WCC during which a female officer held the video camera, or strip searches that did not involve a video camera at all, or strip searches during which a male officer held the video camera before September 15, The only thing this lawsuit involves is strip searches while a male officer held the video camera since September 15, 2008 if your strip search does not meet this description, you are not part of this case. The parties identified 176 Class Members and sent them a separate notice; if you have not already been identified as a Class Member, it is unlikely that you qualify as a Class Member. The lawsuit was filed on September 15, 2011, against Michael J. Ashe, Jr., and Patricia Murphy ( the defendants ). Michael J. Ashe, Jr., is the Sheriff of Hampden County, and Patricia Murphy is the Assistant Superintendent of the WCC. On August 26, 2014, a federal district judge ruled that defendants policy violated Class Members constitutional rights. Defendants appealed the judge s decision. Defendants continue to deny that they violated anyone s constitutional rights or did anything wrong. Defendants claim that the policies and practices in question included numerous safeguards to protect the privacy and dignity of the inmates. While the appeal was pending, the parties decided to settle this lawsuit to avoid the risks that each side faced by continuing the lawsuit. This settlement includes money damages for every woman who was strip searched at the WCC on or after September 15, 2008, while a male officer held the video camera, as well as attorneys fees and expenses. The settlement also requires the defendants to change the policy at the WCC to forbid male officers from holding the camera during strip searches except in exigent circumstances. How much will Class Members receive? We do not know the amount of the payments yet. We estimate that each Class Member will receive at least $850 and may possibly exceed $1,000. The amount depends on how many people submit claim forms. On behalf of Defendants, the Commonwealth has agreed to pay $675,000 to settle the lawsuit, of which $178,000 will go to Class Members. Plaintiffs attorneys will request that $497,000 go to payment of expenses and attorneys fees. The attorneys have requested a service payment of $20,000 to the class representative, Ms. Baggett, and $2,000 to the four class members who had their depositions taken. After attorneys fees, costs, and service payments, the remaining $150,000 will be divided equally among Class Members who submit claims. 2

3 WHO IS IN THE SETTLEMENT What is a class action and who are class members? In a class action, one or more people, called class representatives (in this case, Debra Baggett), sue on behalf of all other people who have similar claims. All the people who have claims are called class members. A class action resolves common issues for everyone in the class. How do I know if I am a Class Member and part of the Settlement? A separate notice is being mailed to the 176 women identified as Class Members. The list of Class Members was made based on careful review of WCC records by lawyers for Plaintiffs and Defendants. These records show that on at least one occasion since September 15, 2008, Class Members were strip searched while a male corrections officer videotaped the strip search. It is unlikely that there are additional Class Members. But if you believe you meet the criteria to be a Class Member that is, you were (1) strip searched, (2) while a male officer held the video camera, (3) on or after September 15, 2008 you can submit a claim form to see if you are eligible. Are strip searches while a male officer operated the video camera BEFORE September 15, 2008, part of this case? No. This case concerns only strip searches on or after September 15, 2008, which is three years before September 15, 2011, the day the lawsuit was filed. Because of the three-year statute of limitations in Massachusetts for filing civil rights lawsuits, it is too late to bring a claim for any strip searches during which a male officer operated the video camera that occurred before September 15, Are strip searches while a FEMALE officer operated the video camera part of this case? No. The case only involves strip searches during which a male officer operated the video camera. What if I am unsure about whether I am a Class Member? If you are unsure whether you are a member of the class, you may fill out and return a Claim Form. You will receive a notification approving or denying your claim. Who makes the decision about who qualifies as a Class Member? The Law Offices of Howard Friedman, P.C., acting as Claims Administrator, will use records kept by the Hampden County Sheriff s Department to determine whether you are a class member. This determination can be appealed to the judge. HOW TO PARTICIPATE IN THE SETTLEMENT What must I do to get a payment? Fill out the Claim Form and mail it to the Claims Administrator. A Claim Form is included with this notice and can also be downloaded at Mail your Claim Form so that is received by June 22, 2015, or your claim will be denied. You must complete the entire doublesided Claim Form and include your Social Security Number and signature. If your claim is approved, the settlement check will be written to your name and Social Security Number, and sent to your mailing address. If you move, you must write to the Law Offices of Howard Friedman, P.C. with your new address or the check will be sent to your old address. 3

4 What if I do not have a Social Security Number? You must have a valid Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) in order to receive payment. If you do not have a SSN or ITIN, you should apply for one immediately. Information about how to apply for a SSN or ITIN can be found at The settlement check must be written to your name and identification number. If I owe taxes or child support or other debts, will I have to pay them? Yes. Before you get paid, outstanding child support and IRS/DOR tax liens, as well as other debts you owe to the Commonwealth of Massachusetts, may be taken from your share of the settlement. The money will be applied to your lien or debt, and will reduce the amount you owe. As a result, you will receive a smaller payment from this settlement, and in some cases you will not receive any payment from this settlement. Will I have to pay taxes on my payment? You may have to pay taxes on your payment. You may have to pay taxes even if some or all of the money goes to pay child support, taxes, or other debts. You should consult your tax preparer when you file your tax returns. The Commonwealth of Massachusetts will send you a Form (If you have questions about backup withholding, Form W-9 or Form 1099, call your tax preparer or IRS Information Reporting Program Customer Service, toll free, at ) What claims will be released by this settlement? This settlement resolves all claims concerning strip searches of incarcerated women at the Western Massachusetts Regional Women s Correctional Center while a male corrections officer operated the video camera, including any claims related to the inmate moves to higher security during which those strip searches occurred. If you are a Class Member, you cannot later sue Hampden County over these issues. Why does the claim form ask for the name of someone who will know how to contact me? The Claim Form asks for the name and contact information of someone who will always know how to reach you to try to ensure that you receive any money you are owed from the settlement. If you move after submitting a Claim Form, you must immediately send your new address to the Law Offices of Howard Friedman, P.C. When will I get my payment? We do not know when you will get your payment. Checks will not be sent until the settlement is approved by the Court and any appeals are over. Even then, it could be a long time until payment is made. The Commonwealth of Massachusetts, which is paying the settlement for the Defendants, controls when the settlement checks are sent. This may be a long process. You cannot get an advance payment. What if I am currently incarcerated? Where will you send my payment? The Commonwealth of Massachusetts will send your check to the address you indicate on your Claim Form, including jails and prisons. We suggest that you provide an outside address if possible. How do I submit a Claim Form for a deceased Class Member? You must provide documentation, including a W-9 form, that an estate has been established in accordance with the law and that you are the duly appointed personal representative. You may speak to an attorney or probate court for more information on this process. In Step One of the Claim Form, put the class member s 4

5 name and your contact information. In Step Three, sign your own name and write your relationship to the class member. Can I choose to NOT be part of the case? You can choose to do nothing. You will get no payment. If you are a Class Member, whether or not you file a claim for payment, however, you will not have the right to bring your own, separate lawsuit about the strip searches at issue in this case. On behalf of the Court, a notice of the class action was sent in 2013 to the last known address of all Class Members, providing the opportunity to opt out. In cases where the notice was returned as undeliverable, notice was sent to one or more other possible addresses, if these could be identified. Why is the amount of attorneys fees and costs more than the amount to Class Members? Plaintiffs counsel filed this lawsuit approximately three and half years ago, in September 2011, with the primary goal of getting the WCC to change its policy to permit male officers to hold the video camera during strip searches only in an emergency. Although the Defendants did amend their policy and practice in response to the Plaintiff s counsel s inquiries, they did not agree to the particular changes demanded by the Plaintiffs counsel and have vigorously defended this case, which has been exceptionally hard-fought. Plaintiffs counsel has spent close to 2,000 hours working on this case, filing and opposing many motions in Court, taking and defending more than twenty depositions, reviewing thousands of documents and other materials, and ultimately obtaining a ruling from the Court that the policy was unconstitutional, and an agreement from Defendants to change the written policy. As a result of the lawsuit, Defendants had already eliminated cross-gender videotaping in practice. Plaintiffs counsel risked not getting paid any fee or recovering any costs if the lawsuit was unsuccessful. The amount Plaintiffs counsel seek in attorneys fees, $475,000, is less than the amount of fees to which they would be entitled as a prevailing party under the Civil Rights Attorney s Fee Award Act of The amount Plaintiffs counsel seek to be reimbursed for costs, $22,000, is less than the amount counsel has paid out of pocket, which is more than $37,000. Plaintiffs counsel agreed to significantly reduce their request for fees and costs in order to facilitate this settlement. OBJECTING TO THE SETTLEMENT What if I think the proposed settlement is not fair? Only Class Members may object to the settlement. If you are a Class Member and you object to the proposed settlement, you or a lawyer on your behalf must state your objections to the Court in a letter sent to the Law Offices of Howard Friedman, P.C., by June 22, 2015, and appear at the Fairness Hearing on September 10, 2015, to present your objections. If you wish to claim money, you must also submit a valid Claim Form by the June 22, 2015, deadline, even if you object to the settlement. What is a Fairness Hearing? The Court will hold a hearing to decide whether to approve the settlement. The Court will consider whether the settlement is fair, reasonable and adequate. The Court will decide whether to approve the request for attorneys fees, expenses, and the service payments to the class representative and to the four class members who had their depositions taken. When and where is the Fairness Hearing? The hearing will be at 11:00 a.m. on September 10, 2015, in a courtroom at the U.S. District Court of Massachusetts, 300 State Street, Springfield, Massachusetts

6 Do I have to come to the hearing? May my lawyer or I speak at the hearing? You do not have to go to the hearing unless you object to the settlement. The lawyers for the plaintiffs will answer all the Court s questions. If you want to explain an objection to the Court, you must attend the hearing or hire a lawyer to attend for you. THE LAWYERS IN THIS CASE Do I have a lawyer in this case? The Court approved Howard Friedman and David Milton of Law Offices of Howard Friedman, P.C., in Boston, as lawyers to represent the members of the class. The lawyers are experienced in handling civil rights cases and class actions. You may write the attorneys at Law Offices of Howard Friedman, P.C., 90 Canal Street, Fifth Floor, Boston, MA 02114; you may call the firm at For more information, you can view the firm s website: Do I need to hire my own lawyer? Class Members do not need to hire their own lawyer. The lawyers at the Law Offices of Howard Friedman, P.C. are working on behalf of Class Members. You may hire your own lawyer at your own expense to appear on your behalf in this case. Who represents the Defendants? Defendants Michael J. Ashe and Patricia Murphy are represented by Thomas E. Day of Egan, Flanagan and Cohen, P.C., 67 Market Street, P.O. Box 9035, Springfield, MA , and Theresa M.S. Finnegan, Hampden County Sheriff s Department 627 Randall Road, Ludlow, MA How will the lawyers be paid? The firm representing the class members, Law Offices of Howard Friedman, P.C., will ask the Court to approve payment of their attorney s fees and expenses. Plaintiffs counsel will seek a total of $497,000, of which $475,000 represents attorney s fees and $22,000 represents reimbursement for costs. Plaintiffs counsel significantly reduced the amount of fees and costs in order to facilitate settlement. OTHER INFORMATION How can I get more information about this case? Information and documents are available at If you wish to view the Court file, you may go to the Clerk of the U.S. District Court of Massachusetts, 300 State Street, Springfield, Massachusetts 01105, during business hours. If you have further questions or would like to learn more about the lawsuit, visit You may call or paralegal Carmen Guhn-Knight. Her phone number is ; send to carmengk@civil-rights-law.com. Address mail to Law Offices of Howard Friedman, P.C., 90 Canal St. Fifth Floor, Boston, MA 02114, Attn: Hampden County Class Action. PLEASE DO NOT CONTACT THE COURT FOR INFORMATION. 6