UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK

Zarkower v. City of New York, et al., 19 CV 3843 (ARR) (JRC)

NOTICE OF CLASS ACTION PROPOSED SETTLEMENT AND HEARING

IF YOU WERE ARRESTED BY THE NYPD IN THE 114TH PRECINCT, ISSUED A DESK APPEARANCE TICKET (“DAT”), AND THEREAFTER FURTHER DETAINED BETWEEN NOVEMBER 11, 2013 AND JUNE 30, 2021, YOU MAY BE ENTITLED TO $4,000.

The City has agreed to pay money damages to individuals who, after being issued DATs entitling them to be released, were further detained at the 114th Precinct to be subjected to questioning about crimes in the neighborhood, gun possession, or similar general issues unrelated to the individuals’ underlying arrests. This practice of questioning prisoners about neighborhood crime is known as “debriefing."

This Notice is authorized by order of the United States District Court for the Eastern District of New York (the “Court”). It describes a proposed settlement (the “Settlement”) of a class action lawsuit asserting claims against the City of New York (“City”) for violating the constitutional rights of individuals issued DATs in the 114th Precinct by excessively detaining them after the issuance of a DAT for the purpose of debriefing them, referred to herein as the “114th Precinct Debriefing Practice."

UPDATE: December 13, 2024: It is anticipated that class member payments will be distributed on or about January 24, 2025.  
**Reminder: If you have moved or changed addresses since you submitted your Claim Form, to ensure you receive your class payment, please provide your updated address to the Claims Administrator by emailing [email protected].
**Important: If you have not submitted a W-9 and proof of your identity to the Administrator, you will not receive payment.  The extended deadline to submit these documents is now January 3, 2025.  If you have any questions regarding the W-9 and proof of identity requirements, please contact the Administrator via the toll-free Number: 888-876-0850; or by email: [email protected].

**UPDATE (September 9/24/2024): A Final Fairness hearing was held on September 4, 2024.  At the hearing, the Court approved the Zarkower v. City of New York Settlement.  On September 24, 2024, the Court issued an order for final approval of the Settlement.  A copy of the Final Approval Order can be found in the Case Documents tab.

Pursuant to the Settlement and Final Approval Order NO additional Claims, Challenges, or Opt-Outs can be accepted.

** IMPORTANT: If you have moved or changed addresses since you submitted your Claim Form, to ensure you receive your class payment, please provide your updated address to the Claims Administrator by emailing [email protected].

TO BE ENTITLED TO RECEIVE MONEY UNDER THIS SETTLEMENT, YOU MUST MEET THE FOLLOWING REQUIREMENTS:

(1) You were arrested by the NYPD and detained at the 114th Precinct Stationhouse between November 11, 2013 and June 30, 2021; and

(2) You were issued a DAT; and

(3) You were further detained after being issued a DAT; and

(4) You were debriefed during this further detention.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Your Options

Due Date

Submit a Claim

The only way to receive payment.

Claim Form Submitted by: June 6, 2024

Exclude Yourself from the Settlement

 Get no payment from the Settlement. This is the only option that allows you to ever be part of any other lawsuit against the City, or anyone else about the claims in this case.

Opt-Out Form Submitted by: March 8, 2024

Object to Settlement

Remain a Class Member but write to the Court about problems or concerns you have with the Settlement.

Objections must be Submitted by: March 8, 2024

Go to Fairness Hearing

Objectors have opportunity to speak to the Court about the fairness of the Settlement.

Date: September 4, 2024 Time: 10:00 a.m.
Do Nothing Get no payment and give up all rights to sue the City or other or their employees about the claims in this case.

KNOW YOUR RIGHTS. PLEASE READ THIS NOTICE IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED. YOU MAY BE ENTITLED TO MONEY FROM THIS SETTLEMENT.