Frequently Asked Questions
- Purpose of this Notice
- The Civil Action
- Who is a Class Member?
- Why did I get this Notice?
- What should I do if I think I am a Class Member but I did not Receive a Notice or a Claim Form?
- What does the Settlement provide to each Class Member?
- Will the Class Representative Receive a Service Payment?
- What do I need to do in order to receive payment?
- Release of Claims
- What if I want to “Opt Out” and be Excluded from the Settlement?
- Do I have a lawyer in this case? How will the lawyers be paid?
- How do I tell the Court that I have an objection to the Settlement?
- When and where will the Court decide whether to approve the Settlement?
- What happens if I do nothing at all?
- How do I get more information?
- Purpose of this Notice
The Notice explains the Civil Action, the Settlement, the certification by the Court of the Settlement Class, your legal rights, what benefits are available, who is eligible for them, and how to get them.
Top - The Civil Action
On July 2, 2019, the Class Representative filed a Class Action Complaint against the City, and several
NYPD officers in the United States District Court for the Eastern District of New York, on behlaf of himself and a class of individuals who were subjected to the 114th Precinct Debriefing Practice. In order to secure certain, prompt and extensive relief for the Class Members and to avoid the risk of future litigation, trial and appeals, the Parties engaged in settlement negotiations for the Class that lasted for over a year. On August 23, 2023, the Parties reached an agreement providing for the settlement of the class action and executed a Stipulation of Settlement. The Parties agree that the Settlement is fair, reasonable and adequate and that it serves the best interest of the Class Members based on all the facts and circumstances.
Top - Who is a Class Member?
Everyone who meets the following description is a Class Member: any person who was (1) arrested by the NYPD and detained at the 114th Precinct between November 11, 2013 and June 30, 2021; and who was (2) issued a DAT; and (3) further detained after being issued a DAT; and (4) debriefed during this further detention.
Top - Why did I get this Notice?
You have received Notice because the City’s records indicate that you may be a Class Member because you were arrested and issued a DAT between November 11, 2013 and June 30, 2021. You have a right to know about the proposed Settlement of this class action lawsuit and about your options, before the Court decides whether to approve the Settlement.
Top - What should I do if I think I am a Class Member but I did not Receive a Notice or a Claim Form?
It is possible that you are a Class Member even though you did not personally receive this Notice. If you believe that is the case, you may request to be included in the Settlement by going to Contact Information tab to view how you can call, email or request to be mailed a Notice or Claim Form. Addtiionally the contact details can be found in FAQ number 15 (“How do I get more information”).
Top - What does the Settlement provide to each Class Member?
The Settlement provides that each Class Member will receive $4,000 in compensation.
Top - Will the Class Representative Receive a Service Payment?
Class Counsel will apply for a service payment in the amount of $17,000 to compensate the Class Representative for the time and effort he devoted to representing the Class in this case.
Top - What do I need to do in order to receive payment?
To be eligible for a settlement payment, you must timely submit: (1) a Claim Form by the Claim Form Deadline of June 6, 2024; (2) proof of identity by submitting a copy of any of the following: a driver’s license or other government-issued identification, an available electric, gas, water, telephone, cable, or other utility bills in such Class Member’s name; a lease in such Class Member’s name; a passport or visa; a green card or other identification issued by the Immigration and Naturalization Service or the United States Immigration and Customs Enforcement; or other documentation that reliably establishes such Class Member’s identity; and (3) a filled-out and signed W-9 form. The Claim Form and W-9 form are enclosed herewith. You do not need to submit proof of identity and the W-9 with the Claim Form, but to be eligible for payment you must submit these documents on or before sixty (60) days after the Court approves the Settlement. Also be aware that any payment made hereunder is subject to reduction for outstanding New York child support, docketed parking and Environmental Control Board judgments owed to DOF, docketed business tax warrants or judgments owed to DOF, and/or Medicare liens, if any.
The Claim Form, proof of identity, and W-9 can be submitted via the following means:
Mail: Email: Zarkower v. City of New York
Settlement Administrator
P.O. Box 301132
Los Angeles, CA 90030-1132
[email protected] If you have any questions regarding completing the Claim Form, you may contact Class Counsel or the Administrator. See FAQ 15 below: “How do I get more information” for their contact information. Submission of the Claim Form does not guarantee you payment. The Administrator shall be entitled to deny the claim if it is determined based on a review of the City’s records that you do not meet all of the requirements listed in FAQ 3, above.
If your address changes after submission of your Claim Form, you should inform Class Counsel or the Administrator to ensure you receive payment if and when the Settlement is approved.
Top - Release of Claims
Unless you exclude yourself (“Opt Out”) from this Settlement (see FAQ 10 below), you will be releasing your claims and cannot sue the City or its agents/employees for the same claims that are covered by this lawsuit. What this means is that you will not be able to bring a lawsuit for anything that occurred before December 8, 2023 related to being excessively detained under the 114th Precinct Debriefing Practice. You are not giving up your right to sue the City for things that are not related to being excessively detained under the 114th Precinct’s Debriefing Practice or any conduct by the City or its agents/employees that occurred after December 8, 2023. The Settlement Agreement describes the Released Claims in detail, so please read it carefully. You can get a copy of the Settlement Agreement on the Case Documents tab. If you have any questions, you can talk to the lawyers listed in Question 15 for free or you can, of course, talk to your own lawyer if you have questions about what this means.
Top - What if I want to “Opt Out” and be Excluded from the Settlement?
If you want to be excluded from the Settlement and keep the right to sue the City or their employees on your own about the legal issues in this case, then you must take steps to Opt Out of the Settlement. If you exclude yourself from the Class, you will not be legally bound by the Court’s judgments in this Civil Action and you also will not receive any money from this Class Action Settlement. To ask to be excluded, you must send a request for exclusion that contains your name and address, and must be personally signed by you. You can obtain an Opt-Out Form on the Case Documents tab, or submit your own signed writing that contains the following language:
"I understand that I am requesting to be excluded from the Class monetary settlement and that I will receive no money under the Settlement entered into by the City."
You must submit your request for exclusion by March 8, 2024, via the following means:
Mail: Email: Zarkower v. City of New York
Settlement Administrator
P.O. Box 301132
Los Angeles, CA 90030-1132
[email protected] If you do not provide written notice of your intention to Opt Out of the Class, and also do not return a Claim Form, you will not receive payment pursuant to the Settlement and you will not be able to start a lawsuit continue with a lawsuit, or be part of any other lawsuit involving the 114th Precinct Debriefing Practice during the Class Period (between November 11, 2013 and June 30, 2021).
Top - Do I have a lawyer in this case? How will the lawyers be paid?
The Court has designated attorneys Lissa Green-Stark, Esq. and Brett H. Klein, Esq., by and through Brett H. Klein, Esq., PLLC as Class Counsel in this case. Class Counsel will represent you and other Class Members. You will not be required to pay anything to these lawyers. If you want to be represented by your own lawyer (other than Class Counsel), you may hire one at your own expense. Class Counsel will ask the Court to award them $400,000 in attorneys’ fees and costs, which will be paid to them by the City, after the Settlement has been approved. The amount that you are entitled to receive under this Settlement will not be affected by the amount that the City is ordered to pay Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How do I tell the Court that I have an objection to the Settlement?
If you are a Class Member and do not exclude yourself from the Settlement, you can object to the Settlement by telling the Court why you think the Settlement should not be approved. To object, you must send a signed letter that includes the following: (1) your name and contact information; (2) a statement stating you object to Zarkower v. City of New York, 19 Civ. 03843; (3) the reason you object; and (4) and whether you want to speak at the Fairness Hearing. You must mail your objection, postmarked no later than March 8, 2024, to (a) the Clerk of Court, United States District Court, Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY 11201; and (b) Zarkower v. City of New York, Settlement Administrator, P.O. Box 301132, Los Angeles, CA 90030-1132.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will have a Fairness Hearing to decide whether to approve the Settlement on September 4, 2024 before Hon. Allyne R. Ross at the United States District Court for the Eastern District of New York, located at 225 Cadman Plaza East, Brooklyn, NY 11201, in Courtroom 11-D South. You do not have to come to the hearing. If you want to speak at the hearing, you must request to do so when you file an objection (see FAQ 12 above). You may also enter an appearance in the case through your own attorney. This appearance must be filed with the Clerk’s Office and served on the Administrator and Class Counsel no later than March 8, 2024. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them at the hearing. After the hearing, the Court will decide whether to approve the Settlement.
Top - What happens if I do nothing at all?
If you do nothing, you will not get any payment. Unless you Opt Out (see FAQ 10, above), you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the City, DOC, or their employees or any other person or entity relating to the 114th Precinct Debriefing Practice.
Top - How do I get more information?
Contact Class Counsel or the Administrator for more information, or visit the Contact Information tab.
TopCLASS COUNSEL ADMINISTRATOR Lissa Green-Stark, Esq.
Brett H. Klein, Esq., PLLC
305 Broadway, Suite 600, New York, NY 10007
Tel.: (212) 335-0132; Fax: (212) 335-0571
Text Message: (917) 905-0287
Email: [email protected]
Zarkower v. City of New York
Settlement AdministratorP.O. Box 301132
Los Angeles, CA 90030-1132
(888) 876-0850
[email protected]