A class action is a lawsuit brought on behalf of a large group of similarly situated people. The firm is experienced in successfully handling class action lawsuits, particularly those challenging unconstitutional strip searches.
Mack v. Suffolk County
The firm secured a $10 million settlement on behalf of an entire class of women who were illegally strip searched. Attorneys Howard Friedman and Myong Joun handled this complex case through two attempted appeals by the defendants. They won class certification and a judgment that the policy was unconstitutional, Mack v. Suffolk County, 191 F.R.D. 16 (D. Mass. 2000). Finally, after over four years of litigation, the defendants agreed to settle. When the time came to pay, Suffolk County claimed it could not pay its portion of the settlement as agreed. The firm obtained a court order holding the county in contempt of court and assessing a fine until payment was made. Finally, Suffolk County paid its share of the settlement plus more than $250,000 in interest and fines.
Nilsen v. York County, Maine
Attorney Howard Friedman, along with co-counsel Attorney David Webbert of Augusta, Maine, reached a settlement of $3.3 million on behalf of a class of people in a suit alleging that the York County Jail's procedure for changing detainees into jail clothing was actually an illegal strip search. The United States Court of Appeals for the First Circuit affirmed the class certification decision. The class claim was limited to a visual strip search without a visual body cavity search.Connor v. Plymouth County
The firm reached a settlement agreement of $1.35 million in a class action alleging the unconstitutional strip search of women in Plymouth County, Massachusetts. The lawsuit said that women were strip searched without cause at the regional detention facility at the Marshfield police station and before bail hearings held at the Plymouth County Correctional facility. The court granted final approval of this case in March, 2004.
Ocasio v. City of Lawrence
Howard Friedman, along with counsel from Merrimack Valley Legal Services, represented a class of people in Lawrence, Massachusetts whose welfare cards were illegally seized by Lawrence police officers acting pursuant to a policy of the Mayor. The plaintiffs won a court order declaring the policy to be unconstitutional and ending the illegal practice.Herman v. Staples
Howard Friedman, as co-lead class counsel in this consumer class action, reached a settlement on behalf of consumers in a suit alleging that Staples failed to comply with Massachusetts’ item pricing law.Ryan v. Garvey
In January 2005, the firm filed a civil rights class action alleging unconstitutional strip searches at the Hampshire Jail and House of Corrections. The plaintiffs alleged that class members were illegally strip searched at the Hampshire County Jail after their arrest, or after a finding of civil contempt. The defendants are Robert Garvey, the Hampshire Sheriff, and Patrick J. Callihane, the Deputy Superintendent responsible for operation of the Hampshire Jail and House of Correction. In 2007, the Hampshire Sheriff agreed to pay $205,000 to settle the case. Preliminary approval of the settlement was granted in January 2007, with final approval expected by summer 2007.
Garvey vs. Macdonald
In March 2007, the firm filed a civil rights class action alleging unconstitutional strip searches at the Franklin County Jail and House of Correction. Class representative Gregory Garvey alleges that class members were illegally strip searched by corrections officers who had no reason to suspect they were in possession of weapons or contraband. The defendants are Franklin County Sheriff Frederick B. Macdonald and Special Sheriff Superintendent Forbes Byron, the people responsible for the policy. The class includes people strip searched at Franklin County Jail after March 28, 2004, and before February 25, 2007. This case is pending in United States District Court.
Tyler vs. Suffolk County
In August 2006 the firm filed a civil rights class action on behalf of inmates who allege that they were unconstitutionally locked in cells with no toilets and no sinks while they were confined in Building 4 at the Suffolk County House of Correction at South Bay. Plaintiffs say that guards did not always permit them to use the bathroom so that they were forced to urinate and defecate in bags and makeshift containers. As a result, inmates were subjected to the stench of their own bodily waste and were forced to sleep in close quarters with others resorting to such means. The defendants are Sheriff Andrea J. Cabral and House of Correction Superintendent Gerard Horgan, individually and in their official capacities. The proposed class includes people who were housed in Building 4 at South Bay since August 3, 2003. The firm filed a motion on January 15, 2008, asking the judge to rule that the case can go forward as a class action.
This case is pending in federal court. If you believe you may be included in the proposed class, please write the firm, do not call. Be sure to include your current and permanent contact information (including addresses, phone numbers, and contact information of someone who will always know how to reach you). There are about 4,000 people in the class, so we cannot speak individually with each class member. Because of the large number of people involved we will send out notices only when there is something important to tell you.
