Welcome to the Settlement Website for the Fitzgerald v. Pollard, et al. Settlement

If you received a Notice in the mail, you were identified as a person that was required to submit to an unclothed search without reasonable suspicion as a condition of visiting an inmate and were so searched at Richard J. Donovan Correctional Facility between May 5, 2018, and November 3, 2022, and, therefore, you may be entitled to a payment from a class action settlement.

• The proposed settlement, if approved by the Court, will provide $3,500,000.00 to pay claims from individuals who were subjected to an unclothed search as a condition of visiting an inmate at Richard J. Donovan Correctional Facility between May 5, 2018, and November 3, 2022, both dates inclusive (the “Class Period”).
• This settlement resolves a lawsuit concerning whether the staff at Richard J. Donovan Correctional Facility (“RJD”) engaged in an unconstitutional practice of conducting unclothed searches as a condition of visiting inmates without any reasonable suspicion to conduct the search. Defendants Warden Marcus Pollard, Lieutenant C. Moore, Sergeant H. Cruz, Officer A. Jackson, and Officer C. Mann-Little (the “Defendants”) deny all allegations of misconduct. The two sides disagree on whether the victims of these searches could have won at trial, and if so, how much money they could have won.
• Lawyers for the class members of the unclothed searches will ask the Court for $1,400,000.00 in attorneys’ fees (approximately 40% of the Gross Settlement) and up to $55,000.00 in reimbursement for expenses for their work litigating the case and negotiating the Settlement. They will also ask the Court for an award to the Class Representative, not to exceed $25,000, to compensate her for services on behalf of the Class in initiating and prosecuting the Action, and for the risks she undertook. The lawyers will also seek payment of the Settlement Administrator costs estimated not to exceed $30,000. If approved by the Court, these amounts will be paid from the Settlement fund.
• The estimated average recovery, after deducting attorneys’ fees and expenses, administrative costs, and the Class Representative awards of reasonable costs and expenses (if approved by the Court) is estimated between $720.00 to $3,500.00 per search, which will depend upon the intrusiveness of the search.
• The Court has not yet approved the Settlement. Payments will be made only if the Court approves the Settlement and after any appeals are resolved. Please be patient.
• Your legal rights will be affected whether you act or don’t act. If you do not act, you may permanently forfeit your right to recover on this claim. Read the Notice carefully.