Case 1:05-cv-01857-JHR-JBR Document 1 Filed 04/08/2005 Page 1 of 28

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

__________________________________________

LAVERNE HICKS, and

:

MICHAEL VELEZ

:

both individually and on behalf of a Class of

:

others similarly situated,

:

Plaintiffs,

:

v.

:

:

COUNTY OF CAMDEN, CAMDEN COUNTY :

CORRECTIONAL FACILITY, ERIC

:

TAYLOR, both individually and in his official :

Camden County Warden of the

:

Correctional Facility, JAMES SIMON, both

:

individually and in his official

:

capacity as Deputy Warden of the Camden County :

Correctional Facility, ANTHONY

:

PIZARRO, both individually and in his official :

capacity as Deputy Warden of the Camden

:

County Correctional Facility, FRANK LOBERTO, :

both individually and in his official

:

capacity as a Deputy Warden of the Camden

County Correctional Facility, CAMDEN

:

COUNTY SHERIFF’S DEPARTMENT,

:

MICHAEL MCLAUGHLIN, both individually :

And in his official capacity as Sheriff of the

:

County of Camden, JOSEPH WOLF, both

:

individually and in his official capacity as a

:

Deputy Sheriff of the County of Camden,

:

JOSEPH DOUGHERTY, both individually

:

and in his official capacity as a Deputy Sheriff of :

the County of Camden, ARTHUR MICKLES, both :

individually and in his official capacity as a Deputy :

Sheriff of the County of Camden, THE CITY

:

OF CAMDEN, CAMDEN CITY POLICE

:

DEPARTMENT, EDWIN FIGUEROA, both

:

individually and in his official capacity as

:

Chief of Police of the Camden City

:

Police Department, EDWARD HARGIS,

:

individually and in his official capacity as

:

Civil Action
CLASS ACTION COMPLAINT JURY TRIAL DEMANDED
:

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Deputy Chief of Police of the Camden City

:

Police Department,

:

:

Defendants.

:

__________________________________________:

Plaintiffs, for their Complaint herein, allege the following on information and

belief except as to the allegations concerning themselves which they assert upon personal

knowledge.

NATURE OF ACTION

1. Plaintiffs, Laverne Hicks and Michael Velez, bring this is a class action on

behalf of themselves, and on behalf of, as more particularly defined in paragraph 25

below, a class of all persons who were stripped searched at the Camden County

Correctional Facility after being charged with petty crimes and traffic violations and also

on behalf of a subclass of people who paid bail to Defendant Camden City Police

Department, yet were unlawfully detained (and also then strip-searched) subsequent to the

payment of bail, all in violation of their rights against unreasonable searches under the

Fourth Amendment of the United States Constitution and also, for the subclass, their

rights against unlawful imprisonment.

2. Plaintiffs seek monetary damages for themselves and each member of the

proposed class and subclass who has suffered from the wrongful actions of the

Defendants described herein;a declaration that the Defendants’policies are

unconstitutional;and, an injunction precluding the Defendants from continuing to violate

the rights of those placed in their custody or detention.

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PARTIES 3. Plaintiff, Laverne Hicks (“Hicks”) is, and at all times relevant hereto has been, a resident of the State of Texas. On or about February 11, 2005, Hicks was arrested by the Defendant Camden City Police Department and placed in the Defendant Camden County Correctional Facility on charges of failing to make payment on an outstanding traffic violation. 4. Plaintiff Michael Velez (“Velez”) is, and at all times relevant hereto has been, a resident of the State of New Jersey, Camden County. Velez was arrested on or about March 4, 2004 and transported to the Defendant Camden County Correctional Facility for failing to make payment on outstanding fines. 5. Defendant County of Camden (the “County”) is a county government organized and existing under the laws of New Jersey. At all times relevant hereto, the County, acting through its Sheriff’s Department and Correctional Facility, was responsible for the policies, practices, supervision, implementation and conduct of all matters pertaining to the Camden County Correctional Facility and was responsible for the appointment, training, supervision and conduct of all Sheriff’s Department and Camden County Correctional Facility’s personnel, including those working in the Camden County Correctional Facility. In addition, at all relevant times, the County was responsible for enforcing the rules of the Camden County Correctional Facility and for ensuring that Sheriff’s Department and Camden County Correctional Facility’s employees obey the Constitution and the laws of the United States and New Jersey. 6. Defendant Camden County Correctional Facility (the “Correctional Facility”) is a political subdivision created through the County of Camden, State of New Jersey. At
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all times relevant hereto, the Correctional Facility, together with the County, was responsible for the appointment, training, supervision and conduct of all Correctional Facility personnel working in the Correctional Facility. In addition, at all times relevant hereto, Defendant Correctional Facility, together with the County of Camden, was responsible for enforcing the rules of the Correctional Facility and for ensuring that Correctional Facility personnel employed in the Correctional Facility obeyed the Constitution and the laws of the United States and of the State of New Jersey.
7. The Camden County Sheriff’s Department (the “Sheriff’s Department”) is a County of Camden political subdivision, organized and existing under the laws of New Jersey. At all times relevant hereto, the Sheriff’s Department, together with the County of Camden, was responsible for the policies, practices, supervision, implementation and conduct of all matters pertaining to the Sheriff’s Department, and was responsible for the appointment, training, supervision and conduct of all Sheriff’s Department personnel and that they obey the Constitution and the laws of the United States and of the State of New Jersey.
8. Defendant City of Camden (“Camden”) is a municipal government organized and existing under the laws of the State of New Jersey. At all times relevant hereto, Camden was responsible for the policies, practices, supervision, implementation and conduct of all matters pertaining to the Camden City Police Department and was responsible for the appointment, training, supervision and conduct of all Camden City Police Department employees. In addition, at all relevant times, Camden was responsible for enforcing the rules of the Camden City Police Department, and for ensuring that
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Camden City Police Department personnel obeyed the Constitution and the laws of the United States and the State of New Jersey.
9. Defendant Camden City Police Department (the “Police Department”) is a political subdivision created through the City of Camden, State of New Jersey, organized and existing under the laws of New Jersey. At all times relevant hereto, the Police Department was responsible for the policies, practices, supervision, implementation and conduct of all matters pertaining to the Police Department, and was responsible for the appointment, training, supervision and conduct of all Police Department personnel and that they obey the Constitution and the laws of the United States and of the State of New Jersey.
10. Defendant Eric Taylor (“Warden Taylor”) is the Warden of the Correctional Facility and, as such, is a policy maker with respect to the treatment of pretrial and other detainees over which the Correctional Facility exercises custodial or other control. Warden Taylor is made a Defendant in this action in both his individual and official capacities.
11. Defendant James Simon (“Deputy Warden Simon”) is a Deputy Warden of the Correctional Facility and, as such, is a policy maker with respect to the treatment of pretrial and other detainees over which the Correctional Facility exercises custodial or other control. Deputy Warden Simon is made a Defendant in this action in both his individual and official capacities.
12. Defendant Anthony Pizarro (“Deputy Warden Pizarro”) is a Deputy Warden of the Correctional Facility, and, as such, is a policy maker with respect to the treatment of pretrial and other detainees over which the Correctional Facility exercises custodial or
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other control. Deputy Warden Pizarro is made a Defendant in this action in both his individual and official capacities.
13. Defendant Frank Loberto (“Deputy Warden Loberto”) is a duly appointed Deputy Warden of the Correctional Facility and, as such, is a policy maker with respect to the treatment of pretrial and other detainees over which the Correctional Facility exercises custodial or other control. Deputy Warden Loberto is made a Defendant in this action in both his individual and official capacities.
14. Defendant Michael McLaughlin (“Sheriff McLaughlin”) is the Sheriff of Camden County and, as such, is a policy maker with respect to the treatment of pretrial and other detainees over which the Sheriff’s Department exercises custodial or other control. Sheriff McLaughlin is made a Defendant in this action in both his individual and official capacities.
15. Defendant Joseph Wolf (“Deputy Sheriff Wolf”) is a Deputy Sheriff of Camden County and, as such, is a policy maker with respect to the treatment of pretrial and other detainees over which the Sheriff’s Department exercises custodial or other control. Deputy Sheriff Wolf is made a Defendant in this action in both his individual and official capacities.
16. Defendant Joseph Dougherty (“Deputy Sheriff Dougherty”) is a Deputy Sheriff of Camden County and, as such, is a policy maker with respect to the treatment of pretrial and other detainees over which the Sheriff’s Department exercises custodial or other control. Sheriff Dougherty is made a Defendant in this action in both his individual and official capacities.
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17. Defendant Arthur Mickles (“Deputy Sheriff Mickles”) is a Deputy Sheriff of Camden County and, as such, is a policy maker with respect to the treatment of pretrial and other detainees over which the Sheriff’s Department exercises custodial or other control. Deputy Sheriff Mickles is made a Defendant in this action in both his individual and official capacities.
18. Defendant Edwin Figueroa (“Chief Figueroa”) is the Chief of Police of the Camden City Police Department and, as such, is a policy maker with respect to the treatment of pre-trial and other detainees over which the Police Department exercises custodial or other control. Chief Figueroa is made a Defendant in this action in both his individual and official capacities.
19. Defendant Edward Hargis (“Deputy Chief Hargis”) is the Deputy Chief of Police of the Camden City Police Department and, as such, is a policy maker with respect to the treatment of pre-trial and other detainees over which the Police Department exercises custodial or other control. Deputy Chief Hargis is made a Defendant in this action in both his individual and official capacities.
20. Collectively, Camden County, the Correctional Facility, the Sheriff’s Department, Camden and the Police Department, will be referred to as the “County Defendants”.
21. Collectively, Warden Taylor, Deputy Warden Simon, Deputy Warden Pizarro, Deputy Warden Loberto, Sheriff McLaughlin, Deputy Sheriff Wolf, Deputy Sheriff Dougherty, Deputy Sheriff Mickles, Chief Figueroa and Deputy Chief Hargis, will be referred to as the “Policy Making Defendants”.
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JURISDICTION 22. This Court has jurisdiction over this action under the provisions of 28 U.S.C. §§1331, 1341 and 1343 because it was filed to obtain compensatory damages, punitive damages and injunctive relief for the deprivation, under color of state law, of the rights of citizens of the United States secured by the United States Constitution and by federal law pursuant to 42 U.S.C. §§1981 and 1983. This Court also has jurisdiction over this action under the provisions of 28 U.S.C. §2201, as it was filed to obtain declaratory relief relative to the Constitutionality of the policies of a local government. 23. Venue is proper under 28 U.S.C. §1391(e)(2) because the events giving rise to the Plaintiffs’claims and those of proposed class members occurred in this judicial district.
CLASS ACTION ALLEGATIONS 24. Plaintiffs bring this action pursuant to Rules 23(b)(1), 23(b)(2) and 23(b)(3) of the Federal Rules of Civil Procedure on behalf of themselves and a class of similarly situated individuals who were arrested for misdemeanors or other petty crimes or minor violations and who were unlawfully detained and stripped searched upon their entry into the Correctional Facility. 25. The Class that Plaintiffs seek to represent is defined of : All persons who have been or will be placed into custody of the Camden County Correctional Facility after being charged and arrested within the County of Camden for misdemeanors, violations, traffic infractions, failing to make payment on outstanding traffic violations, failing to make payment on outstanding fines or other minor crimes or violations and were or will be strip searched upon their transfer and entry into the Camden County Correctional Facility;and also on behalf of a Subclass (the “Wrongfully Detained Subclass”)of all persons who in addition to being in the Class who paid bail or will pay bail, yet were, or would be, unlawfully detained subsequent to the payment of such bail.
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The Class period commences on or about April 8, 2002 and extends to the date on which the County Defendants are enjoined from, or otherwise cease, enforcing their unconstitutional policy, practice and custom of conducting strip searches absent reasonable suspicion, and unlawfully detaining citizens after making bail. Specifically excluded from the Class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
26. This action may be brought and may properly be maintained as a class action under Federal law and satisfies the numerosity, commonality, typicality and adequacy requirements for maintaining a class action under Fed. R. Civ. P. 23(a).
27. The members of the Class and the Wrongfully Detained Subclass are both so numerous as to render joinder impracticable. There are and have been hundreds of people strip searched under the circumstances described herein and there also hundreds of people who have arrested for misdemeanors, violations, traffic infractions, failing to make payment on outstanding traffic violations, failing to make payment on outstanding fines or other minor crimes and who are denied the opportunity to make bail or who are wrongfully detained after making bail and who have been transferred and placed into the custody of the Correctional Facility.
28. Joinder of all these individuals is impracticable because of the large number of Class members and the fact that Class members are likely dispersed over a large geographical area, with some members, including Plaintiff Hicks, residing outside of Camden County and this Judicial District. Furthermore, many members of the Class are low-income persons, may not speak English, may not know of their rights and likely would have great difficulty in pursuing their rights individually.
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29. Common questions of law and fact exist as to all members of the Class and Wrongfully Detained Subclass, and predominate over any questions that affect only individual members of the Class and Wrongfully Detained Subclass. The predominant common questions of law and fact include, without limitation, 1) the common and predominate question of whether the Defendants’written and/or de facto policies of strip searching individuals who were charged with misdemeanors or traffic violations when transferred to and placed into the custody of the Correctional Facility and/or, 2) those who satisfied detainers by paying bail, yet were imprisoned long after the petty bail was satisfied and placed into the custody of the Correctional Facility, violate the Fourth and Fourteenth Amendments to the United States Constitution, and whether such a written and/or de facto policy existed during the Class period.
30. Plaintiffs’claims are typical of the claims of the members of the Class and Wrongfully Detained Subclass. Both named Plaintiffs are members of the Class and Plaintiff Hicks is a member of the Wrongfully Detained Subclass. Plaintiffs and all members of the Class and Wrongfully Detained Subclass have sustained damages arising out of Defendants’course of conduct. The harms suffered by the Plaintiffs are typical of the harms suffered by the Class and Wrongfully Detained Subclass members.
31. The representative Plaintiffs have the requisite personal interest in the outcome of this action and will fairly and adequately protect the interests of the Class and Wrongfully Detained Subclass. Plaintiffs have no interests that are adverse to the interests of the members of the Class and Wrongfully Detained Subclass.
32. A class action is superior to other available methods for the fair and efficient adjudication of this controversy, since joinder of all of the individual members of the
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Class is impracticable given the large number of Class members and the fact that they are dispersed over a large geographical area. Furthermore, the expense and burden of individual litigation would make it difficult or impossible for individual members of the Class to redress the wrongs done to them. The cost to the federal court system of adjudicating thousands of individual cases would be enormous. Individualized litigation would also magnify the delay and expense to all parties and the court system. By contrast, the conduct of this action as a class action in this District presents far fewer management difficulties, conserves the resources of the parties and the court system, and protects the rights of each member of the Class and Wrongfully Detained Subclass.
33. Plaintiffs have retained counsel who have substantial experience and success in the prosecution of class action and civil rights litigation. The named Plaintiffs are being represented by William Riback;Seth Lesser and Fran Rudich of the Locks Law Firm, PLLC;Elmer Robert Keach, III;and Jonathan Cuneo and Charles LaDuca of Cuneo, Waldman and Gilbert, LLP.
34. Mr. Keach is an experienced civil rights and class action attorney who has litigated a wide variety of civil rights actions and has litigated class action lawsuits in state and federal courts in five states. Mr. Keach has successfully litigated strip search cases against the Troy City Police Department and the Schenectady City School District, and was lead counsel in the Rensselaer County Jail strip search class action that recently settled in the United States District Court for the Northern District of New York.
35. Seth Lesser and Fran Rudich of the Locks Law Firm with offices in Cherry Hill and New York City, are both experienced civil rights and class action attorneys,. Mr. Lesser is one of this country’s premier class action attorneys having successfully
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litigated civil rights, consumer protection and products liability class actions against Fortune 500 companies in courts across the country, including both New Jersey state and federal courts. Ms. Rudich has litigated scores of individual and class action civil rights cases against a number of Defendants in over ten jurisdictions throughout the United States.
36. William Riback is an experienced civil rights and class action attorney who has successfully litigated class actions in both state and federal courts in a number of jurisdictions across the country.
37. Jonathan Cuneo and Charles LaDuca of Cuneo Waldman & Gilbert, LLP, have extensive experience in state and federal trial and appellate courts, before law enforcement authorities and in proceedings before the United States Congress. Cuneo and LaDuca have successfully prosecuted complex class actions, including cases involving securities fraud, antitrust violations, consumer protection and products liability in state and federal courts throughout the United States. In addition to this experience, Cuneo and LaDuca are co-counsel in a strip-search class action, with Mr. Keach, that was recently certified in the United States District Court for the Northern District of New York against the County of Schenectady and other related Defendants.
38. In short, Plaintiffs’counsel have the resources, expertise and experience to successfully prosecute this action against the Defendants. Counsel for Plaintiffs know of no conflicts among members of the Class, or between counsel and members of the Class and Wrongful Detainer Subclass.
39. Upon information and belief, there are no other actions pending to address the Defendants’flagrant violation of the civil rights of thousands of individuals, even though
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the Defendants have maintained their illegal strip search and false imprisonment regimen for at least the past several years.
40. This action, in part, seeks declaratory and injunctive relief. As such, the Plaintiffs’seek class certification under Fed. R. Civ. P. 23(b)(2), in that all Class members were subject to the same policy requiring the illegal strip searches of individuals charged with misdemeanor or minor crimes and/or who were wrongfully detained after making bail and transported to and placed into the custody of the Correctional Facility. In short, the Municipal Defendants and the Policy Making Defendants acted on grounds generally applicable to all Class members.
41. In addition to, and in the alternative, Plaintiffs seek certification under Rule 23(b)(3) or seek partial certification under Fed. R. Civ. P. 23(c)(4).
FACTS Facts Applicable to the Class and Wrongful Detainer Subclass Generally
42. The Fourth Amendment of the United States Constitution prohibits state officials, such as the Policy Making Defendants in this action and the employees they supervise, from performing strip searches of arrestees who have been charged with misdemeanors or other minor crimes or violations unless their is reasonable suspicion to believe that the arrestee is concealing a weapon or contraband.
43. The Camden County, the Sheriff’s Department, the Correctional Facility and the Policy Making Defendants have, nonetheless, instituted a written and/or de facto policy, custom or practice of strip searching all individuals who enter the custody of the Correctional Facility regardless of the nature of their charged crime and without the
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presence of reasonable suspicion to believe that the individual was concealing a weapon or contraband.
44. Further, Camden County, the Sheriff’s Department, the Correctional Facility and the Policy Making Defendants have also instituted a written and/or de facto policy, custom or practice of conducting visual body cavity searches (visual inspection of the vaginal and rectal cavities) on all individuals who enter the custody of the Correctional Facility, regardless of the individual characteristics or the nature of their charged crime. For purposes of this Complaint, strip and visual cavity searches are collectively referred to as “strip searches.”
45. Camden County, the Sheriff’s Department, the Correctional Facility and the Policy Making Defendants know or should know, that they may not institute, enforce or permit enforcement of a policy or practice of conducting strip searches without particularized, reasonable suspicion
46. The Defendants’written and/or de facto policy, practice and custom mandating wholesale strip searches of all misdemeanor and violation arrestees has been promulgated, effectuated and/or enforced in bad faith and contrary to clearly established law.
47. Reasonable suspicion to conduct a strip search may only emanate from the particular circumstances antecedent to the search, such as the nature of the crime charged, the particular characteristics of the arrestees, and/or the circumstances of the arrest.
48. Camden County, the Sheriff’s Department, the Correctional Facility and Policy Making Defendants have promulgated, implemented, enforced, and/or failed to rectify a written and/or de facto policy, practice or custom of strip searching all
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individuals placed into the custody of the Camden County Correction Facility without any requirement of reasonable suspicion, or indeed suspicion of any sort. This written and/or de facto policy made the strip searching of pre-trial detainees routine;neither the nature of the offense charged, the characteristics of the arrestee, nor the circumstances of a particular arrest were relevant to the enforcement of the policy, practice and custom of routine strip searches.
49. Pursuant to this written and/or de facto policy, each member of the Class, including each named Plaintiff was the victim of a routine strip search upon their entry into the Correction Facility. These searches were conducted without inquiry into or establishment of reasonable suspicion, and in fact were not supported by reasonable suspicion. Strip searches are conducted for individuals arrested for, among other innocuous offenses such as, traffic violations, outstanding traffic fines and other minor fines.
50. As a direct and proximate result of the unlawful strip search conducted pursuant to this written and/or de facto policy, the victims of the unlawful strip searches – each member of the Class, including every named Plaintiff –has suffered or will suffer psychological pain, humiliation, suffering and mental anguish.
51. In addition, the Fourth Amendment of the United States Constitution prohibits state officials, such as the Policy Making Defendants in this action and the employees they supervise, from detaining individuals after making bail without probable cause and without an arrest warrant.
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52. The County Defendants and the Policy Making Defendants have, nonetheless, instituted a written and/or de facto policy, custom or practice of detaining individuals after making bail without probable cause and without an arrest warrant.
53. The County Defendants and the Policy Making Defendants know, or should know, that they may not institute, enforce or permit enforcement of a policy or practice of detaining individuals after making bail without probable cause and without an arrest warrant.
54. The Defendants’written and/or de facto policy, practice and custom detaining individuals after making bail without probable cause and without an arrest warrant has been promulgated, effectuated and/or enforced in bad faith and contrary to clearly established law.
55. As a direct and proximate result of the unlawful strip search conducted pursuant to this written and/or de facto policy, the victims of the unlawful strip searches – each member of the Wrongfully Detained Subclass, including Plaintiff Hicks –has suffered or will suffer psychological pain, humiliation, suffering and mental anguish.
Facts Applicable to the Named Plaintiffs Laverne Hicks
56. Mr. Hicks’experience is representative of both the Class and the Wrongfully Detained Subclass. On or about February 11, 2005, at approximately 5:00 p.m. Mr. Hicks was driving in the City of Camden when he was stopped by the New Jersey State Police for failing to wear a safety belt. After performing a background check, Mr. Hicks was arrested for failing to make a payment for an outstanding traffic violation. Shortly
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after arrest, Mr. Hicks was transported to the Camden City Police Department where he was handcuffed to a bench pursuant to proper arrest procedures and held on $168.00 bail.
57. After being in the custody for approximately one hour, at or about 6:00 p.m., Mr. Hicks made bail of $168.00. Notwithstanding payment of bail, and having no other detainers outstanding, the Camden City Police Department refused to release Mr. Hicks and instead, transferred custody of him to the Camden County Sheriff’s Department.
58. After obtaining custody of Mr. Hicks, and after he posted bail, the Police Department and the Sheriff’s Department imprisoned Mr. Hicks, and the Sheriff’s Department transported him to the Correctional Facility and transferred custody to the Correctional Facility notwithstanding the fact that there were no detainers or arrest warrants outstanding for Mr. Hicks.
59. The Correctional Facility accepted custody of Mr. Hicks at approximately 7:00 p.m. Shortly thereafter, Mr. Hicks was ordered to remove all of his clothing and was strip searched. After enduring this humiliating strip search, Mr. Hicks was then imprisoned in a holding cell with approximately 20 other detainees and was fingerprinted and photographed as though he was legally detained.
60. On this particular occasion, there was no reasonable suspicion to believe that Mr. Hicks was concealing a weapon or other contraband. Indeed, no inquiry was made of Mr. Hicks that could have given rise to the requisite reasonable suspicion.
61. As a direct and proximate result of the unlawful strip search and false imprisonment conducted pursuant to the Municipal Defendants’policies, practices and customs, Mr. Hicks has suffered and continues to suffer psychological pain, humiliation, suffering and mental anguish.
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Michael Velez 62. Mr. Velez’experience is representative of the Class as well. On or about March 4, 2004, Mr. Velez was driving in the City of Camden at which time he was pulled over by the New Jersey State Police for a minor driving infraction. At that time it was determined that there was a warrant for Plaintiff’s arrest for failing remit a payment under a previously established municipal payment schedule. Plaintiff was transported to the New Jersey State Police barracks where his bail was set at $210.00. 63. Within two hours of his arrest, Mr. Velez was transferred to the custody of the Camden County Sheriff’s Department who transported Plaintiff to the Correctional Facility. 64. In the meantime, a friend of Mr. Velez’who was in the vehicle with him alerted Plaintiff’s family and friends of the arrest. Throughout the day on March 4, 2004, they attempted to contact the Correctional Facility to make bail payment. The Correctional Facility, however, lacks any policies and procedures which would permit the immediate payment of bail and release of persons detained on misdemeanor and other minor offenses. 65. While in the custody of the Correctional Facility, Mr. Velez was ordered to remove his clothing and was strip searched. After enduring this humiliating strip search, Mr. Velez was detained in the Correctional Facility from approximately 10:00 a.m. until 8 p.m. on March 4, 2004, despite the fact that his family and friends were continuously attempting to post the required bail payment during this entire time.
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66. On this particular occasion, there was no reasonable suspicion to believe that Mr. Velez was concealing a weapon or other contraband. Indeed, no inquiry was made of Mr. Velez that could have given rise to the requisite reasonable suspicion.
67. As a direct and proximate result of the unlawful strip search conducted pursuant to the Municipal Defendants’(except Defendant Police Department) and the Policy Making Defendants’policy, practice and custom, Mr. Velez has suffered and continues to suffer psychological pain, humiliation, suffering and mental anguish.
CAUSES OF ACTION AS AND FOR A FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS EXCEPT
POLICE DEPARTMENT Violation of Constitutional Rights Under Color of State Law (Unreasonable Search and Failure to Implement Municipal Policies To Avoid Constitutional Deprivations Under Color of State Law) 68. Plaintiffs incorporate by reference and reallege each and every allegation stated in paragraphs 1 through 67. 69. The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches by law enforcement officers, and prohibits officers from conducting strip searches of individuals arrested for misdemeanors or violations absent some particularized suspicion that the individual in question has either contraband or weapons. 70. The actions of all Defendants except the Police Department, as detailed above, violated Plaintiffs’and the Class’rights under the United States Constitution. Simply put, it was not objectively reasonable for Correctional Facility personnel to strip search
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Plaintiffs and the members of the Class based on their arrests for misdemeanor/violation charges. It was also not objectively reasonable for the Policy Making Defendants to order/direct Correctional Facility personnel to conduct such searches or to have a police or practice permitting such searches.
71. These strip searches were conducted pursuant to the policy, custom or practice of Camden County, the Sheriff’s Department, the Correctional Facility and the City of Camden. As such, these Defendants are directly liable for the damages of the Class.
72. Upon information and belief, Camden County, the Sheriff’s Department and the Correctional Facility are responsible for establishing the policies and procedures to be utilized in the operation of the Correctional Facility and are responsible for the implementation of the strip search policy questioned in this lawsuit. As such, Camden County, the Sheriff’s Department, and the Correctional Facility are each individually responsible for the damages of the named Plaintiffs and members of the Class.
73. Camden County, the Sheriff’s Department, and the Correctional Facility knew that the above-described strip search policy was illegal, and acted willfully, knowingly, and with specific intent to deprive Plaintiffs and members of the Class of their Constitutional rights.
74. This conduct on the part of all Defendants (except Defendant Police Department) represents a violation of 42 U.S.C. § 1983, given that their actions were undertaken under color of state law.
75. As a direct and proximate result of the unconstitutional acts described above, Plaintiffs and the Class have been irreparably injured.
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AS AND FOR A SECOND CAUSE OF ACTION FOR LAVERNE HICKS AND THE WRONGFULLY DETAINED SUBCLASS AGAINST
ALL DEFENDANTS Violation of Constitutional Rights Under Color of State Law (False Imprisonment and Failure to Implement Municipal Policies To Avoid
Constitutional Deprivations Under Color of State Law)
76. Plaintiff, Laverne Hicks, incorporates by reference and realleges each and every allegation stated in paragraphs 1 through 67.
77. The Fourth Amendment of the Constitution of the United States protects citizens from unreasonable detentions by law enforcement officers, and prohibits officers from detaining and imprisoning individuals without probable cause and without an arrest warrant.
78. The actions of Defendants, as detailed above, violated Plaintiff Laverne Hicks’and the members of the Wrongfully Detained Subclass’rights under the United States Constitution by transporting Mr. Hicks and the members of the Wrongfully Detained Subclass to, and detaining them at, the Correctional Facility after they had posted bail and without probable cause and without an arrest warrant. These actions constituted a seizure within the meaning of the Fourth Amendment and deprived Mr. Hicks and the Wrongfully Detained Subclass of their liberty. The seizure and deprivation of Mr. Hicks’and the Wrongfully Detained Subclass’liberty was unreasonable and without due process of the law, in violation of the Fourth and Fourteenth Amendments of the United States Constitution.
79. The violation of Mr. Hicks’and the Wrongfully Detained Subclass’Fourth and Fourteenth Amendment rights, as described above, was conducted pursuant to a
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policy, custom or practice of Camden County, the Sheriff’s Department, the Correctional Facility, the City of Camden and the Camden City Police Department. As such, these Municipal Defendants are liable for the damages incurred by Mr. Hicks and the Wrongfully Detained Subclass for false imprisonment.
80. The Policy Making Defendants are responsible for establishing the policies and procedures to be utilized and implemented in the operation of the policy regarding the wrongful detentions questioned in this action. As such, these Policy Making Defendants are each individually responsible for the damages of Mr. Hicks and the Wrongfully Detained Subclass.
81. The Policy Making Defendants knew that the wrongful detention policy was illegal, and acted willfully, knowingly, and with specific intent to deprive Mr. Hicks and members of the Wrongfully Detained Subclass of their Constitutional rights.
82. The conduct on the part of all Defendants represents a violation of 42 U.S.C. §1983, given that their actions were undertaken under color of state law.
83. As a direct and proximate result of the unconstitutional acts described above, Mr. Hicks and the Wrongful Detainer Subclass have been irreparably injured.
AS AND FOR A THIRD CAUSE OF ACTION FOR BOTH PLAINTIFFS AND THE CLASS AND WRONGFUL DETAINER SUBCLASS AGAINST ALL DEFENDANTS
Demand for Declaratory Judgment
84. Plaintiffs incorporate by reference and reallege each and every allegation stated in paragraphs 1 through 83.
22

Case 1:05-cv-01857-JHR-JBR Document 1 Filed 04/08/2005 Page 23 of 28
85. The policy, custom and practice of the Defendants is unconstitutional, in that these entities and individuals are directing/conducting the strip searches of all individuals placed into the Correctional Facility without particularized suspicion that the individuals in question have either contraband or weapons.
86. In addition, the policy, custom and practice of the Defendants are unconstitutional, in that these entities and individuals are directing/condoning the detention and imprisonment of individuals without probable cause and arrest warrants.
87. Plaintiffs and members of the Class and Wrongful Detainer Subclass request that this Court issue a declaratory judgment, and that it declare the strip search and false imprisonment policies of the Defendants to be unconstitutional.
AS AND FOR A FOURTH CAUSE OF ACTION FOR BOTH PLAINTIFFS AND THE CLASS AND WRONGFUL DETAINER SUBCLASS AGAINST ALL DEFENDANTS Demand for Preliminary and Permanent Injunction 88. Plaintiffs incorporate by reference and reallege each and every allegation stated in paragraphs 1 through 87. 89. The policy, custom and practice of the Defendants are unconstitutional, in that these entities and individuals are directing/conducting the strip searches of all individuals placed into the Correctional Facility without particularized suspicion that the individuals in question have either contraband or weapons and are allowing/condoning the imprisonment and detention of individuals without probable cause or arrest warrants. 90. This policy is currently in place at the Correctional Facility, with new and/or prospective members of the Class and Wrongfully Detained Subclass subjected to the harms that have already been inflicted upon the named Plaintiffs.
23

Case 1:05-cv-01857-JHR-JBR Document 1 Filed 04/08/2005 Page 24 of 28
91. The continuing pattern of strip searching and falsely imprisoning individuals charged with minor crimes or violations will cause irreparable harm to the new and/or prospective members of the Class and Wrongful Detainer Subclass and an adequate remedy for which does not exist at law.
92. Plaintiffs demand that the Defendants immediately desist from strip searching individuals placed into the custody of the Correctional Facility absent any particularized suspicion that the individuals in question have either contraband or weapons, and seek both a preliminary and permanent injunction from this Court ordering as much.
93. Plaintiffs further demand that the Defendants immediately desist detaining and imprisoning individuals absent probable cause and arrest warrants and seek both a preliminary and permanent injunction from this Court ordering as much.
DEMAND FOR PUNITIVE DAMAGES 89. The actions of the Defendants detailed herein are outrageous, in that they continue to propagate an illegal strip search policy even though they know for a fact that their actions are unconstitutional. 90. It is clear that the Policy Making Defendants have no respect for the civil rights of individual citizens or for the rule of law. Consequently, an award of punitive damages is necessary to punish the Policy Making Defendants, and to send a message to them that the requirements of the United States Constitution also apply to government officials in Camden County and the City of Camden.
DEMAND FOR TRIAL BY JURY
91. The Plaintiffs hereby demand a trial by jury.
24

Case 1:05-cv-01857-JHR-JBR Document 1 Filed 04/08/2005 Page 25 of 28
PRAYER FOR RELIEF WHEREFORE, Plaintiffs Laverne Hicks and Michael Velez, on behalf of themselves and on behalf of a Class and a Wrongful Detainer Subclass of others similarly situated, request that this Honorable Court grant them the following relief:
A. An order certifying this action as a class action pursuant to Fed. R. Civ. P. 23 with Mr. Hicks and Mr. Velez as Class representatives. B. A judgment against all Defendants, jointly and severally on Plaintiffs’ First Cause of Action detailed herein, awarding Compensatory Damages to each named Plaintiff and each member of the proposed Class in an amount to be determined by a Jury and/or the Court on both an individual and a class wide basis. C. A judgment against all Defendants, jointly and severally on Mr. Hicks’ Second Cause of Action detailed herein, awarding Compensatory Damages to each Mr. Hicks and each member of the proposed Wrongfully Detained Subclass in an amount to be determined by a Jury and/or the Court on both an individual and a class wide basis. D. A judgment against Policy Making Defendants on Plaintiffs’First and Second Causes of Action for punitive damages in an amount to be determined at trial . E. A declaratory judgment against Camden County, the Sheriff’s Department and the Correctional Facility declaring their policy, practice and custom of strip and visual cavity searching all detainees entering the Correctional
25

Case 1:05-cv-01857-JHR-JBR Document 1 Filed 04/08/2005 Page 26 of 28

Facility, regardless of the crime charged or suspicion of contraband, to be unconstitutional and improper. F. A declaratory judgment against all Defendants declaring their policy, practice and custom of falsely imprisoning individuals without probable cause and a search warrant to be unconstitutional and improper. G. A preliminary and permanent injunction enjoining Defendants Camden County, the Sheriff’s Department, the Correctional Facility and the City of Camden from continuing to strip and visual cavity search individuals charged with misdemeanors or minor crimes and violations absent particularized, reasonable suspicion that the arrestee subjected to the search is concealing weapons or other contraband. H. A preliminary and permanent injunction enjoining all Defendants from continuing to falsely imprison individuals absent reasonable cause and an arrest warrant. I. A monetary award for attorney’s fees and the costs of this action, pursuant to 42 U.S.C. § 1988 and Fed. R. Civ. P. 23.

Respectfully submitted by:

Dated: April 8, 2005 Camden, New Jersey

_/s/ William A. Riback_____
William Riback, Esquire 527 Cooper Street, 2nd Floor
Camden, New Jersey 08102
856.342.9700

26

Case 1:05-cv-01857-JHR-JBR Document 1 Filed 04/08/2005 Page 27 of 28
Seth R. Lesser, Esquire Fran L. Rudich, Esquire
(Motion for Admission To Be Filed)
LOCKS LAW FIRM 457 Haddenfield Road, Suite 500 Cherry Hill, New Jersey 08002 856.663.8200
-and110 E. 55th Street, 12th Floor New York, NY 10022 212.838.3333 Elmer Robert Keach, III, Esquire One Steuben Place Albany, NY 12207 518.434.1718 Jonathan W. Cuneo, Esquire Charles LaDuca, Esquire CUNEO WALDMAN & GILBERT, LLP 317 Massachusetts Avenue, N.E. Suite 300 Washington, DC 20002 202.789.3960 ATTORNEYS FOR PLAINTIFFS AND PROPOSED CLASS AND WRONGFULLY DETAINED SUBCLASS
27

Case 1:05-cv-01857-JHR-JBR Document 1 Filed 04/08/2005 Page 28 of 28 28

 
 Case 1:05-cv-01857-JHR-JS Document 28 Filed 03/27/2006 Page 1 of 3

Law Offices PAIU{ER McCAY P.A. By: John C. GiIlc~pic, Esquire Three Grcentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053 (850) 596"8900 Fax: (856) 489·6980 jgilkspi e(ii!.parkennecay.com Atto11leys for Defcl1dant(s), The Cily of C\lmden, Camdel1 City police DepaltIllent, Edwin
Figueroa and Edward Hargis (incorreclly plead E.dwin Hargis)
UNiTED STATES DISTRICT COURT FOR THE DISTRICT Of NEW JERSEY HONORABLE JOSEPH H. RODRiGUEZ CIVIL ACTION NO. 05·cv-1857 (JHR).JBR
LAVERNE HICKS, and MICHl\EL
or VELEZ, both individually and on behalf
a Class of others similarly situated,

Plaintiff(s),
vs.
COlJNTY OF CAMDEN, CAMDEN COUNTY CORR£CTJONAL FAClLITY, ERIC TAYLOR, both individually and in his official Camden County Warden of the Correctional Facility, JAMES SIMON, both individually and in his official capacity as Deputy Warden ()f the Camden County Correctional Facility, ANTHONY PIZARRO, both individually and in his official capacity as Deputy Warden ofthe Calnden COlmly Correctional facility, FRANK LOBERTO, both individually and in his official capacity as Deputy Warden ofthc
Camden County Correctional Facility, CAMDEN COUNTY SHERIFF'S DEPARTMENT, MICHAEL

CIVJL ACTION
ORDER OF DISMISSAL WiTHOUT PRE.JUDICE AS TO DEFENDANTS, THE
CITY OF CAMDEN, CAMDEN CI1'Y POLlCE DEPARTMENT, EDWIN
FIGUEROA and EnWARD HARGIS, (incorrectly plead Edwin Hargis) ONLY

Case 1:05-cv-01857-JHR-JS Document 28 Filed 03/27/2006 Page 2 of 3

MCLAUGHLIN, both individually and in his official capacity of Sheri ff of th~ County of Camden, JOSEPH WOLF, both individually and in his official capacity as a Deputy Sh~riffofthe County of Camden, JOSEPH DOUGHERTY, both individually and in his official capacity as Deputy Sherifr of the County of Camden, ARTHUR MICKLES, both individually and in his official capacity as a Deputy Shcriff of the County of Camden, THE CITY OF CAMDEN, CAMDEN CITY POLICE DEPARTMENT, EDWIN FIGUEROA, both individually and in his official capacity as Chief of Police of the Camden City Police Department, EDWIN HARGTS, individually and in his official capacity as Deputy Chief of Police of the Camden City Police Department,
Defcndant(s),

.AWOFFtCE
~AIUOal: M\'t'A.Y
i".A.

THIS MATTER having been opened by the Court for purposes of a settlement conference, in the prescnce of counsel for the Plaintiffs, Seth R. Lesser, Esquire, Charles LaDuca, Esquire and William A. Riback, Esquire; and in the presence of the counsel for the Defimuants, County of Camden and related Camden COLmty Defendants, DOillJa M. White~ide, Esquire/Assistant County Counsel, and RiGhard M. Howard, Esquire (via telephone); and in the presence of counsel for the City of Camden and the City of Camden Defcndants, John C. Gillespie, Esquirc; and the parties having consented based upon the
rrs' temlS set forth helow, to the dismissal without prejudice of all Plainti c.laims against this
City of Camden, the City of Camden Police Department, Chief Edwin Figueroa and Deputy Chief Edward Hargis;

Case 1:05-cv-01857-JHR-JS Document 28 Filed 03/27/2006 Page 3 of 3

/;2 IT IS on this

')-"duy 01" MARCH, 2006, ORDERED that the Plaintiffs'

Complaint against ilie Defendants, City of Camden, the City 0 r Camden Police Dcpa11mcnt,

Chief Edwin Figueroa and Deputy Chief Edward Hargis, (collectively "The City of Camden

Defendants") he and the same is hereby dismissed without prejudice sLlbject to the following

temlS and c(lTlditi(lDs:

I. In the event that Plaintiffs determinc that facts exist which warrant pursuit of a

claim against any ofthe City ofCanlden Defendants, or any orthem,

PlaintifTs shall file a Motion with the Court on notice to all parties, selling

lortlt tlte aftlrmative facts which they believe supports a cause of action

against The City of Camden Defendants;

2. ShoLlld the matter not be disposed of prior to such Motion being filed, the

statLlte of limitations governing the cause of action asserted by the current

Plaintiffs, Hicks and Velez, shall be tolled.

Cm~

 
 Case 1:05-cv-01857-JHR-JS Document 48 Filed 02/28/2007 Page 1 of 1

IN THE UNITED STATES DISTRICT COllRT FOR THE DISTRICT OF NEW JERSEY

LAVERNE lUCKS and MICHAEL VELEZ both individually and on behalf of a Class of others similarly situated,

Plaintiffs,

Civil Action No. 05-cv-1357(JHR)(JBR)

v,

COUNTY OF CAMDEN, CAMDEN COUNTY: CORRECTIONAL FACILITY, et ai"

Defendants.

tI

ORDER

AND NOW, t~~ day of February, 2007, upon stipUlation ofthe parties, it is hereby

ORDERED tbat the plaintiffs' motion for class certification (doc. 31), which has been fully

briefed by the parties, is hereby withdrawn without prejudice pending the mediation proceedings

scheduled to take place on April 12, 2007. The motion shall be immediately reinstated, to be

considered by the Court upon the briefing already submitted by the parties, upon the written

application ofthe plaintiffs, with oml argument to

STIPULATED AND AGREED TO:

- I /

./

.

,
","',"

' '

• /j
tv //~ /,i<.b,rl'i ....2-"

/ ;/,

" , /,., .f.".•'.'-./ :."."./.~ ' .,", 4~/";/ j '

1Uchard M. ~6waT<?,:E$quire .' .... .

KAUFMAN OOLOWICH SCHNEIDER

BlANC & VOLUCK LLP

135 Crossways Park Drive

Suite 201

Woodbury, New York 11797

Attorney for Defendants

Ck~.l·~ L,,If',- ! A;CCJ
Cl1arle~ LaDuca, Esquire CUNEO GiLBERT & LADUCA, LLP 507 C Street, N.E. Washington, DC 20002 Attorney for Plaintiffs

 
 Case 1:05-cv-01857-JHR-JS Document 51 Filed 07/17/2007 Page 1 of 1

UNITED STATES DISTRICT COURT

FOR THE

DISTRICT OF NEW JERSEY

:

LAVERNE HICKS

MICHAEL VELEZ, etc

:

Civil Action No. 05-1857

Plaintiffs

:

v.

:

ORDER OF DISMISSAL

COUNTY OF CAMDEN, et al.,

:

Defendants

:

It having been reported to the Court that the above-captioned action has been settled;

IT IS on this 17th day of July, 2007

ORDERED THAT:

(1) This action is hereby DISMISSED without costs and without prejudice

to the right, upon motion and good cause shown, within 60 days, to reopen this action if

the settlement is not consummated; and

(2) If any party shall move to set aside this Order of Dismissal as

provided in the above paragraph or pursuant to the provisions of Fed. R. Civ. P. 60(b),

in deciding such motion the Court retains jurisdiction of the matter to the extent

necessary to enforce the terms and conditions of any settlement entered into between

the parties.

s/ Joseph H. Rodriguez UNITED STATES DISTRICT JUDGE

Hon. Joseph H. Rodriguez Hon. Joel Schneider

 
 - Case 1:05-cv-01857-JHR-JS

Document 52-6

- Filed 09/05/2007 Page 1 of 50

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

LAVERNE HICKS and MICHAEL VELEZ, on behalf of themselves and a class of others similarly situated,
Plaintiffs, v.
THE COUNTY OF CAMDEN, et. al.,
Defendants.

No. 05-CV-1857 (JHR)

SETTLEMENT AGREEMENT Plaintiffs, by and through their counsel, and Defendants, by and through their counsel, hereby enter into this Settlement Agreement providing, subject to the approval of the Court, for settlement of the claims herein described against Defendants. WHEREAS, Plaintiffs filed the above-captioned class action lawsuit against Defendants the County of Camden, Eric Taylor, James Simon, Anthony Pizarro, Frank Loberto, Michael McLaughlin, Joseph Wolf, Joseph Dougherty, and Arthur Mickles alleging that Defendants had violated Plaintiffs' constitutional rights under color of state law by illegally strip searching and wrongfully detaining them and others similarly situated upon entry into the Camden County Correctional Facility. WHEREAS, Plaintiffs further allege that, in violation of law and pursuant to the policy of the County of Camden, all persons such as Plaintiffs and the members of the class they purport to represent, who entered the Camden County Correctional Facility charged with non-indictable

LAW OFFICES OF ELMER ROBERT KEACH, III
A PHOFESSIONAL COHPOH.ATION 1040 RIVERFRONT CENTEH • P.O. llOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518~434-1718 • TELECOPIER 518-770-1558 ELECTRONIC MAIL: h()hi{Pn<·ll@·k(·~t<·lll~w, l'i!'lll.('Oill

- Case 1:05-cv-01857-JHR-JS

Document 52-6

- Filed 09/05/2007

Page 2 of 50

offenses, violations of probation or parole, other violations or other minor offenses, or held on civil matters, were strip searched absent any particularized suspicion that they possess weapons
or other contraband. WHEREAS, Plaintiffs further allege that many members of the class were also detained
for a considerable length of time after they posted bail at the Camden City Substation, which is administered by the County of Camden Department of Corrections, so that they could be transported to the Camden County Correctional Facility to be cleared for warrants,
WHEREAS, Defendants, subsequent to the filing of this action, took substantial remedial steps to address the claims raised in this litigation on or about April27, 2005,
WHEREAS, Defendants have denied and continue to deny Plaintiffs' claims, and Defendants deny any wrongdoing or liability of any kind to Plaintiffs or to any members of the
Class (as defined hereinafter). WHEREAS, the Parties to this Settlement Agreement have conducted and are continuing
to conduct a thorough examination and investigation of the facts and law relating to the matters in this litigation and that such examination included documentary and deposition discovery in the
course of the litigation. WHEREAS, the Defendants have concluded that settlement is desirable in order to avoid
the time, expense, and inherent uncertainties of defending protracted litigation and to resolve finally and completely all pending and potential claims of the Plaintiffs and all Class Members relating to alleged conduct involved in this litigation.
WHEREAS, Plaintiffs and Class Counsel recognize the costs and risks of prosecuting this litigation, and believe that it is in their interest, and the interest of all Class Members, to resolve this litigation, and any and all claims against Defendants, as well as all employees of the
2
LAW OFFICES OF ELMER ROBERT KEACH, Ill
A PHOFESSIONAL CORPOHATTON
1040 RIVERFRONT CENTEH • P. 0. BOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIER 518-770-1558 ELECTRONIC MAIL: hohl...eacil@'kPHVh l;n\- fi rn1.C'O!ll

Case 1:05-cv-01857-JHR-JS Document 52-6 Filed 09/05/2007 Page 3 of 50
County of Camden who may have devised, promulgated or enforced the policy or participated in
the conduct that is the subject of this Settlement Agreement.
WHEREAS, substantial, adversarial settlement negotiations have taken place between the
Parties, including mediation conducted by former United States Magistrate Judge Joel B. Rosen,
and, as a result, this Settlement Agreement has been reached, subject to the Court approval
process set forth herein.
WHEREAS, the parties believe that this Settlement Agreement offers significant benefits
to Class Members and is fair, reasonable, adequate and in the best interest of Class Members.
WHEREAS, this Settlement Agreement is made and entered into by and among
Defendants and Plaintiffs Laverne Hicks and Michael Velez, individually and on behalf of a
class (the "Class") of similarly situated persons (the "Class Members") defined as:
All persons who were placed into the custody of the Camden County Correctional Facility after being charged with non-indictable offenses, disorderly persons offenses, violations, violations of probation or parole, traffic infractions, civil commitments or other non-indictable occurrences and were strip searched in the absence of reasonable suspicion upon their entry into Camden County Correctional Facility pursuant to the policy, custom and practice of the County of Camden. The class period commences on April 8, 2003 and extends until April 27, 2005. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
WHEREAS, this Settlement Agreement is made and entered into by and among
Defendants and Plaintiffs Laverne Hicks and Michael Velez, individually and on behalf of a
subclass of similarly situated persons defined as:
All persons who posted bail on non-indictable or other minor offenses at the Camden County Satellite Unit, located at the Camden City Police Department, and after posting the required bail, were transferred to the Camden County Correctional Facility, and whose detention exceeded twelve hours after posting bail pursuant to the policy, custom and practice of the County of Camden. The class period commences on April 8, 2003 and extends until April 27, 2005. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
3
LAW OFFICES OF ELMER ROBERT KEACH, III
A PROFESSIONAL CORPORATION 1040 HJVEHFRONT CENTEH • P.O.l30X 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIER 518-770-1558 ELECTRONIC MAIL: hohkPiH ·ll(~1 kl'a{'h I nwri r·1n.c·on1

Case 1:05-cv-01857-JHR-JS Document 52-6

- Filed 09/05/2007

Page 4 of 50

NOW, THEREFORE, it is hereby stipulated and agreed, by and between the undersigned
as follows: I. DEFINITIONS
As used in this Settlement Agreement, the following terms shall have the meaning set forth below. Where appropriate, terms used in the singular shall be deemed to include the plural and vice versa.
A. Claim Form. "Claim Form" shall mean a form in substantially the same form as
that attached hereto as Exhibit A. B. Claims Period. "Claims Period" shall mean the time period during which claims
may be made by Settlement Class Members, extending from the Notice Date until the date 120 days thereafter, including weekends and holidays, provided that if the last day of the Claims Period falls on a weekend or Federal holiday, then the end of the Claims Period shall be the next following day that is not a weekend or Federal holiday.
C. Class Counsel. "Class Counsel" shall mean: The Locks Law Firm, Cherry Hill, New Jersey, William Riback, Esquire, Camden, New Jersey, The Law Offices of Elmer Robert Keach, III, PC, Amsterdam, New York; Cuneo Gilbert & LaDuca, LLP, Washington, DC.
D. Class Notice. "Class Notice" shall mean the Court-approved form of notice in substantially the same form as Exhibit B.
E. Class Representatives: "Class Representatives" shall mean Plaintiffs Laverne Hicks and Michael Velez.
F. Class Settlement. "Class Settlement" shall mean the terms provided m this Settlement Agreement.
4
LAW OFFICES OF ELHER ROBERT KEACH, III
A I'HOl'ESSIONAL CORPORATION 1040 RIVEHFRONT CENTER • P. 0 . .t\OX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIER 518-770-1558 ELECTRONIC MAIL; 1HJbkt•<tt•IJI!'li·H'il('lll<n\·fi rTll.<"<lnl

- Case 1:05-cv-01857-JHR-JS Document 52-6

- Filed 09/05/2007

Page 5 of 50

G. Court. "Court" shall mean the United States District Court for the District of New

Jersey, The Honorable Joseph H. Rodriguez presiding, or his duly appointed or designated

successor. H.

Defendants. "Defendants" shall mean the County of Camden, Eric Taylor, James

Simon, Anthony Pizarro, Frank Loberto, Michael McLaughlin, Joseph Wolf, Joseph Dougherty,

and Arthur Mickles, and shall include all employees of the County of Camden who may have

devised, promulgated or enforced the policy or participated in the conduct that is the subject of

this Settlement Agreement.

I.

Defendants' Counsel. "Defendants' Counsel" shall mean Philip Voluck and

Jeffery A. Meyer, Kaufman, Dolowich & Voluck, LLP, Woodbury, NY 11797.

J. Distribution Amount. "Distribution Amount" shall mean the amount available

from the Settlement Fund after payment of the costs of notice and administration of the

Settlement, attorneys' fees and expenses, incentive awards to Class Representatives.

K. Effective Date. "Effective Date" shall mean thirty days from the date on which

the settlement has been finally approved by the Court, and/or thirty days from the date on which

any appeals from final approval are resolved.

M. Final Approval Hearing. "Final Approval Hearing" shall mean the hearing at

which the Court will consider and finally decide whether to enter the Final Judgment.

N. Final Judgment. "Final Judgment" shall mean that Court order that finally

certifies the Settlement Class, approves this Settlement Agreement, approves payment of

attorneys' fees and expenses, and makes such other final rulings as are contemplated by this

Settlement Agreement, in substantially the same form as Exhibit C.

0. Litigation. "Litigation" shall mean the above-captioned lawsuit pending in the

5

LAW OFFICES OF ELMER ROBERT KEACH, III
A PHOFESSIONAL CORPOHATION 1040 RIVERFRONT CENTEH • P. 0. BOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIEH 518-770-1558 ELECTRONIC MAIL: hohi~C'>It·ll~IJk<'HI"IllH\\ fi r·nL<'Oill

- Case 1:05-cv-01857-JHR-JS Document 52-6

- Filed 09/05/2007

Page 6 of 50

United States District Court for the District of New Jersey as No. 05-CV-1857 (JHR). P. Mediator. The "Mediator" shall mean The Honorable Joel B. Rosen, former
United States Magistrate Judge of the United States District Court for the District of New Jersey. Q. Notice Program. "Notice Program" shall mean the program for disseminating the
Class Notice to Settlement Class Members, including public dissemination of the Summary
Notice, in accordance with the terms herein. R. Notice Date. "Notice Date" shall mean the date upon which Class Notice is
mailed to known Class Members in accordance with the terms herein. S. Objection Date. "Objection Date" shall mean the date agreed upon by the Parties
or otherwise ordered by the Court by which Settlement Class Members must submit any objection to the Settlement Agreement's terms or provisions and submit any required statements, proof, or other materials and/or argument.
T. Opt-Out Deadline. "Opt-Out Deadline" shall mean the date agreed upon by the Plaintiffs and Defendants or otherwise ordered by the Court by which any Settlement Class Members who do not wish to be included in the Settlement Class and participate in the Settlement must complete the acts necessary to properly effect such election to opt out.
U. Opt-Out List. "Opt-Out List" shall mean a written list prepared by the Settlement Administrator of the names of all Settlement Class Members who submit timely Requests for
Exclusion or Opt-Out Notices. V. Opt-Out Notice. "Opt-Out Notice" or "Opt-Out" shall mean a Request for
Exclusion. W. Parties. "Parties" shall mean the Plaintiffs and Defendants. X. Plaintiffs. "Plaintiffs" shall mean Laverne Hicks and Michael Velez. 6
LAW OFFICES OF ELMER HOBERT !\EACH, Ill
A PROFESSIONAl. CORPORATION 1040 RIVERFRONT CENTER • P.O. BOX 70 • .A...MSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIER 518-770-1.">58 ELECTRONIC MAIL: IJOIJkt·n("IJ~i'kt•H(' h Ia\\ fi r·rn.<·orn

- Case 1:05-cv-01857-JHR-JS

Document 52-6

- Filed 09/05/2007

Page 7 of 50

Y. Preliminary Approval Order. "Preliminary Approval Order" shall mean the order of the Court preliminarily approving this Settlement Agreement and conditionally certifying a provisional Settlement Class, in substantially the same form as Exhibit D.
Z. Release. "Release" shall mean the release described in Section VII herein. AA. Released Claims. "Released Claims" shall mean and include any and all claims or causes of action by or on behalf of any and all Settlement Class Members (and their predecessors, successors, heirs, administrators, executors, agents, trustees, representatives, and assigns) that are released by the Release described in Section VII herein. BB. Released Parties. "Released Parties" shall mean all persons or entities against whom Released Claims will be released pursuant to the Release described in Section VII herein. CC. Request for Exclusion. "Request for Exclusion" shall mean any request by any Settlement Class Member for exclusion from the Settlement Class in compliance with Section V herein. DD. Settlement. "Settlement" shall mean the agreement by the Plaintiff and Defendants to resolve the Litigation, the terms of which have been memorialized in this Settlement Agreement. EE. Settlement Administrator. "Settlement Administrator" shall mean the qualified party selected by the Plaintiff and Defendants and designated in the Preliminary Approval Order to administer the Settlement, including implementing the Notice Program. Neither Plaintiff nor any other of the Defendants shall have any responsibility for any acts or omissions of the Settlement Administrator. The parties have agreed to select the Garden City Group as the settlement administrator. FF. Settlement Agreement. "Settlement Agreement" shall mean this Settlement
7
LAW OFFICES OF ELMER ROllERT KEACH, III
A PROFESSIONAL CORI'OHATION 1040 RIVEHFRONT CENTEH • P.O. DOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 •1ELECOPIER %18-770-1558 ELECTRONIC MAIL: !Johkvu c llC"'I~t<;l r·lll;nd'i !'Ill.( ·on 1

- Case 1:05-cv-01857-JHR-JS

Document 52-6

Filed 09/05/2007 Page 8 of 50

Agreement, including any amendment hereto pursuant to Section X.D hereof, and all the exhibits
attached hereto.
GG. Settlement Class. "Settlement Class" shall mean:
All persons who were placed into the custody of the Camden County Correctional Facility after being charged with non-indictable offenses, disorderly persons offenses, violations, violations of probation or parole, traffic infractions, civil commitments or other non-indictable occurrences and were strip searched upon their entry into Camden County Correctional Facility in the absence of reasonable suspicion pursuant to the policy, custom and practice of the County of Camden. The class period commences on April 8, 2003 and extends until April 27, 2005. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
HH. Settlement Class Members. "Settlement Class Members" shall mean all
persons in the Settlement Class who do not exclude themselves pursuant to Section V herein.
II. Settlement Fund. "Settlement Fund" shall mean a fund, governed by terms to be
agreed to between Class Counsel and Defendants' Counsel which shall be placed in an escrow
account and utilized to administer the monetary requirements of the Settlement. The Settlement
Fund will be established by Class Counsel and entitled the "Camden County Qualified
Settlement Fund" and treated as trust fund monies under relevant New Jersey ethical standards.
JJ. Settlement Amount. "Settlement Amount" shall mean the amount of Seven
Million Five Hundred Thousand Dollars ($7,500,000.00) to be paid by or on behalf of the
Defendants.
KK. Settlement Website: Class Counsel will establish a website to provide
information about the settlement with a World Wide Web address of
www. camdencountystripsearch.com.
LL. Strip Search Policy. "Strip Search Policy" shall mean the written policy, to be
revised by the Defendants as part of this Agreement, to govern the conduct of all strip searches
8
LAW OFFICES OF ELMER ROBERT KEACH, III
A PROfESSIONAL CORPORATION 1040 RIVERFRONT CENTER • P. 0. HOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIEH 518-770-15S8 ELECTRONIC MAIL: hoiJ I,Pll< ·ll@'k<'n('lll;nYfi t·ttJ.VOlll

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by Defendants, their agents, and employees upon a person's entry into the Camden County

Correctional Facility.

MM.

Summary Notice. "Summary Notice" shall mean a notice in substantially

the same form as that which appears at Exhibit E.

NN.

Website Administrator: "Website Administrator" shall mean the qualified

party selected by the Plaintiffs and Defendants and designated in the Preliminary Approval Order

to administer the Settlement Website. Neither Plaintiffs nor any other of the Defendants shall

have any responsibility for any acts or omissions of the Website Administrator. The parties

agree to select I Partners, Inc. Fonda, New York, as the website administrator.

00.

Wrongful Detainer Subclass: "Wrongful Detainer Subclass" shall mean:

All persons who posted bail on non-indictable or other minor offenses at the Camden County Satellite Unit, located at the Camden City Police Department, and after posting the required bail, were transferred to the Camden County Correctional Facility, and whose detention exceeded twelve hours after posting bail pursuant to the policy, custom and practice of the County of Camden. The class period commences on April 8, 2003 and extends until April 27, 2005. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.

PP.

Wrongful Detainer Subclass Members. "Wrongful Detainer Subclass

Members" shall mean all persons in the Wrongful Detainer Subclass who do not exclude

themselves pursuant to Section V herein.

II. REQUIRED EVENTS A. Promptly after execution of this Settlement Agreement by all Parties:
I. Class Counsel and Defendants' Counsel shall use their best efforts to
cause the Court to enter the Preliminary Approval Order and the Final Judgment in substantially
9
LAW OFFICES OF ELMER ROBERT KEACH, III
A PROFESSIONAL CORPORATION 1040 RIVERFRONT CENTER • P.O. 110X 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIER 518-770-1558 ELECTRONIC MAIL: boiJIH'<l<'h@ll..:vnvlllnwfirnl.<·onl

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the forms attached hereto as Exhibits D and C, respectively. 2. The Parties to the Settlement Agreement shall jointly move for entry of a
Preliminary Approval Order in substantially the same form as Exhibit D, which by its terms shall:
a. Preliminarily approve the terms of the Settlement Agreement, including the certification of the Class for purposes of this Settlement Agreement only, as within the range of fair, reasonable and adequate settlements for purposes of issuing notice;
b. Approve the contents ofthe Class Notice and methods in the Notice Plan; c. Schedule a Final Approval Hearing to review comments regarding the proposed Class Settlement and to consider the fairness, reasonableness, and adequacy of the proposed Class Settlement and the application for an award of attorneys' fees and reimbursement of expenses, and to consider whether the Court should issue a Final Judgment (in substantially the same form as Exhibit C) approving the Class Settlement, granting Class Counsel's application for fees and expenses, granting the Incentive Bonus application by the Class Representatives, and dismissing the Litigation with prejudice. 3. Class Counsel and Defendants' Counsel will use their best efforts, consistent with the terms of this Settlement Agreement, to promptly obtain a Final Judgment. 4. In the event that the Court fails to issue the Preliminary Approval Order or fails to issue the Final Judgment, Class Counsel and Defendants' Counsel agree to use their best efforts, consistent with this Settlement Agreement, to cure any defect identified by the Court; provided, however, that in no event shall any Defendants be required to agree to any such cure that would increase the cost or burden of the Settlement Agreement to such Defendants. 5. The Parties acknowledge that prompt approval, consummation, and
10
LAW OFFICES OF ELMER ROBERT KEACH, III
A PROFESSIONAl. CORI'OHATION 1040 HIVERFRONT CENTEH • }'. 0. BOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1710 • TELECOPIER 511:1-770-1558 ELECTRONIC MAIL: lH lh\~(·HI"IIGf'kP:wl\1 nwl'i l'lll.('O rn

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implementation of the Settlement set forth in this Settlement Agreement are essential. The Parties shall cooperate with each other in good faith to carry out the purposes of and effectuate this Settlement Agreement, shall promptly perform their respective obligations hereunder, and shall promptly take any and all actions and execute and deliver any and all additional documents and all other materials and/or information reasonably necessary or appropriate to carry out the terms of this Settlement Agreement and the transactions contemplated hereby. Any disputes regarding the Parties' obligations under this paragraph shall be submitted for decision by the Mediator and his decision shall be binding on the Parties.

III. SETTLEMENT TERMS A. Provision of New Policies and Corrections Officer Training
I. The Defendants affirmatively state that, effective April 27, 2005, Camden County stopped strip searching detainees admitted to the Camden County Jail on a blanket basis, and also stopped strip searching non-indictable detainees in the absence of reasonable suspicion. Camden County acknowledges that its change in practice was contemporaneous with the institution of this litigation by Plaintiffs and proposed Class Counsel.
2. The Defendants maintain that their current written policy is constitutional, and has been reviewed by the New Jersey Department of Corrections for compliance with state law. The Defendants will consider formally revising the written policy in due course, and further represents that they will continue to comply with the terms of the April 27, 2005 Memorandum of Michael Burgess (hereafter, the "Burgess Memo") addressing this issue, which is attached to this Agreement as Exhibit G.
3. The Camden County Correctional Facility Policies and Procedures Manual will 11
LAW OFFICES OF ELMER ROBERT KEACH, III
A PROFESSIONAL CORPORATION 1040 HJVERFRONT CENTER • P. 0. BOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIEH 518-770-l55B ELECTRONIC MAIL: hoi 1l~t-nd lei~IH•adll n\\ fi r·nl.I'Oill

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include a copy of the strip search policy and the Burgess Memo. 4. A summary of the Strip Search Policy and the Burgess Memo shall be posted
conspicuously in the booking room and the Jail training room and a copy of the full policy will be readily available to all corrections personnel.
5. Current and new corrections officers who work in the CCCF Admissions unit will be retrained regarding the Strip Search Policy and the Burgess Memo and when strip searches may and may not be performed. The training of current officers will be completed by the end of claims period, and may be completed during the shift line up period that precedes the shifts of Camden County Corrections Officers. Each Corrections Officer will sign a form reflecting their receipt of the policy. This training will detail that Corrections Officers are not to strip search (e.g. have detainees remove their clothing to the point of being completely undressed) detainees charged with non-indictable offenses or other minor offenses in the absence of reasonable suspicion to believe the detainees are concealing weapons or other contraband, as well as the requirements of the Burgess Memo. Camden County will confirm, by way of a letter from their counsel, that this training has been completed, and will provide Class Counsel with copies of all training materials.
6. Defendants will take reasonable steps to ensure that all corrections officers abide by the Strip Search Policy and the Burgess Memo.
7. Individuals charged with non-indictable or other minor offenses shall be detained by Camden County for no more than reasonably necessary after posting bond for the purpose of clearing them for warrants, and detainees will not normally be transferred from the Camden County Satellite Unit for the purposes of clearing warrants after they post bail.

12
LAW OFFICES OF ELY!EH ROBERT KEACH, III
A I'ROFESSIONAL CORPORATION 1040 RIVERFRONT CENTEH • P. 0. BOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIEH 518-770-1558 ELECTRONIC MAIL: IHtl t \.;('f!<·lt~i'li.P:u ·Ill nwl'i nll.CO!ll

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B. Settlement Fund I. Defendants will cause to be paid into the Settlement Fund the sum of$7,500,000. 2. Upon entry of the Preliminary Approval Order, Camden County will pay into the
Settlement Fund the amount of $ 200,000 (the "Initial Contribution") to be used by the Settlement and Website Administrators to cover the initial costs of Notice and administration of the Settlement. If, at any time, whether by order of any court or because of any Defendant exercising any option to withdraw, the Settlement does not become final, then any unspent money remaining from the Initial Contribution shall be returned to Camden County with no obligation on the part of any party to repay any portion of the money actually spent. Relative to the monetary obligations to be paid from the funds of Camden County, the County's monetary obligation will be paid in accordance with the normal check payment policies of Camden County. The parties will work together to prepare appropriate Camden County payment vouchers, and place those vouchers with the Camden County Attorney's Office for submission for payment on the date of Preliminary Approval.
3. Defendants' remaining monetary obligation of $7,300,000 will be provided for deposit into the Settlement Fund within thirty days of the Effective Date by either wire transfer or check. Relative to the monetary obligations to be paid from the funds of Camden County, the County's monetary obligation will be paid in accordance with the normal check payment policies of Camden County. The parties will work together to prepare appropriate Camden County payment vouchers, and place those vouchers with the Camden County Attorney's Office for submission for payment on the Effective Date. Plaintiffs' counsel and/or the Settlement Administrator will provide the necessary forms (e.g. W-9s) to effectuate the issuance of either a wire transfer or check.
13
LAW OFFICES OF ELMER ROBERT KEACH, III
A F'ROPESSIONl\.L CORPORATION 1040 HlVERFRONT CENTEH • P.O. HOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • rr:LECOPIER 518-770-155/J ELECTRONIC MAIL: h< >llk<'at'll01k(•;u·l• I'*'' fi t"lll.<"Oill

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4. All administrative expenses, including the costs of settlement administration, website administration and the provision of notice to class members, as well as the amounts awarded by the Court for attorneys' fees and costs, and incentive awards to the Class Representatives, will be deducted from the Settlement Amount prior to determining the "Distribution Amount." C. Payments to Class Members
I. Each Class Member who submits a timely Claim Form will be entitled to receive their proportionate share of the Distribution Amount. This amount will be distributed to the Class based on the Plan of Distribution attached to this agreement as Exhibit F.
2. No Class Member shall be entitled to more than his or her individual share of the Distribution Amount regardless of the number of times he or she has been booked and/or strip searched at the Camden County Jail.
3. The sum of $100,000 will be set aside from the settlement and the Distribution Amount to pay claims of members of the Wrongful Detainer Subclass. Each member of the Wrongful Detainer Subclass who makes a claim will be entitled to receive their pro rata share of the wrongful detainer fund, in addition to their proportionate share of the Distribution Amount. The County and Class Counsel will work to verify that each member of the Wrongful Detainer Subclass is entitled to claim such a payment by reviewing information maintained by both the Camden County Clerk's Office and the Camden County Department of Corrections.
4. No portion of the Distribution Amount or the wrongful detainer funds shall be disbursed before the Effective Date, except as set forth in Section III.D.l., below.
5. Both parties anticipate that late claims may be filed subsequent to the end of the claims period. Late claims may be allowed, if submitted on or before the date of the Final
14
LAW OFFICES OF ELMER ROBERT KEACH, III
A PROFESSIONAL CORPORATION 1040 RIVERFRONT CENTt:H. • P. 0. DOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-171A • TELECOPIER 5ltl-770-t558 ELECTRONIC MAlL IHJhkt•:tdl@'kv<ll'ill<lWfil'lll,('OIIl

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Approval Hearing, under the sole discretion of Class Counsel for good cause shown. All late claims will be approved by the Court prior to being paid as part of the distribution of the settlement.
6. The parties acknowledge that the Class list and list of claimants on this class action settlement will be compiled and exclusively maintained by the Class Counsel. Class Counsel will seek a protective order from the Court to seek to protect this list from public disclosure, and to seek leave of Court to file any such list, or portion of the list, under seal should its disclosure to the Court be necessary for final approval or otherwise requested by the Court. The Defendants may, upon three days notice, inspect any such lists at the offices of class counsel William Riback, Camden, New Jersey. The parties further acknowledge that class members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. D. Attorneys Fees and Expenses
Class Counsel will petition the Court for an award of attorneys' fees in the amount not to exceed 27.5% of the Settlement Fund. Class Counsel will also petition the Court for an award of pre-settlement cost and expenses, in an amount not to exceed $27,500.00, which will be deducted from the Settlement Fund. Defendants shall not oppose Class Counsel's application for said award of fees and expenses, nor will they oppose any appeal filed by Class Counsel relative to their application for an award of attorneys' fees, so long as such application for attorneys' fees and expenses conforms with the Settlement Agreement. E. Additional Discovery
Defendants will cooperate in a timely and reasonable manner in discovery to determine class size and class members' names and addresses, including but not limited to the production
15
LAW OFFICES OF ELMER ROBERT KEACH. III
A PROFESSIONAL COHI'OHATION 1040 RIVERFRONT CENTER • P.O.HOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518·434-1718 • TELECOPJER 518-770-1558 ELECTRONIC MAIL: holl kvncll(i•'k('<Jl"h I nv' fi r·n1. con\

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of records for the members of the Settlement Class. The Settlement Administrator shall pay out of the Settlement Fund the reasonable hourly rate of all county staff required to respond to such requests. The Defendants will also provide Class Counsel or their agents with access, under supervision, to the computerized booking records of the Camden County Correctional Facility for the purposes of assembling a class list. F. Partial Distribution Pending Appeal
In the event that Final Approval of the Settlement is appealed by either party or a third party objector, and if the payment of some portion of the Settlement Fund is not subject to dispute, that undisputed portion of the Settlement Fund shall be distributed in accordance with this agreement. If the distribution of some or all of the settlement proceeds is in dispute due to a pending appeal, the disputed amount will be placed in an insured interest bearing escrow account and shall not be distributed during the pendency of the appeal. In the event that final approval of the Settlement is overturned on appeal, all funds, including interest, will be refunded to the Defendants and/or their insurers, as per their respective contributions to the Settlement Fund, with the exception of the Initial Contribution, detailed in § III(B)(2), and any additional notice and administration costs incurred above the Initial Contribution.

IV. NOTIFICATION TO CLASS MEMBERS
A. Responsibilities of the Settlement Administrator and Website Administrator
1. The Settlement Administrator shall implement and administer the Notice
Program.
2. The Settlement Administrator shall be responsible for, without limitation: (i)
mailing the Class Notices; (ii) arranging for the publication of the Summary Notice; (iii)
16
LAW OFFICES OF ELMER ROBERT KEACH, III
A PROFESSIONAL CORPORATION 1040 RIVERFRONT CENTEH • f'. 0. BOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIER 518-770-1558 ELECTRONIC MAIL: IH )] d~t'HI"Il("'kva('l\1 ;n\·ri l'lll.r ·o rn

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responding to requests for a copy of the Class Notice; (iv) otherwise administering the Notice Program and (v) distributing payments to the Settlement Class Members; and otherwise administering the Notice Program. The Notice Program shall comply with all requirements of applicable law. The Settlement Administrator will maintain an appropriate insurance policy to protect against any violation of its fiduciary duty to the Court, Class Members, or Class Counsel.

3. The Website Administrator will maintain the settlement website, www.camdencountystripsearch.com, which will provide information about the settlement to Class Members, including notice and claims documents, court documents, and a copy of the Settlement Agreement. B. Notice
I. Notice will be provided to the Class by direct mailing of Class Notice and a Claim Form to all individuals at their last known or readily ascertainable address and by publication in the Philadelphia Inquirer and the Camden County Courier Post on at least one day per week for three consecutive weeks commencing on the Notice date, and on one occasions during the last ten days of the Claims Period. The mailed notice will be provided in Spanish and English, and newspaper advertisements will provide instruction that a Spanish copy of the notice will be provided upon request.
2. The Settlement Administrator shall also provide a copy of the Class Notice and Claim Form to anyone who requests notice through written communication to the Settlement Administrator, or through a toll-free telephone number to be established by the Settlement Administrator. The Website Administrator will also provide downloadable copies of notices, claim forms, court decisions and other information to class members through a dedicated internet
17
LAW OFFICES OF ELMER ROBERT KEACH, Ill
A PROI'ESSIONAL CORPORATION 1040 RIVERFRONT CENTEH • P.O. BOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518~434-1718 • TELECOPJER 518-770-155B ELECTRONIC MAIL: !HJhkt><ll'll(!-"'H'it(•\JI;n\ fi l'lll.('Oill

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website, www.camdencountystripsearch.com.

3.

Defendants will cooperate in the Notice Program by providing Plaintiffs' Counsel

and/or the Settlement Administrator with information necessary to affect notice to the Class.

The Defendants will also provide access to facility booking computers/databases (not including

the NCIC database), under supervision of Corrections Officers from Camden County, that

contain such information, and will provide any information in a computerized format that

presently exists in a computerized format

4. Notice will be provided to the class by way of limited televised notice campaign

on cable television, with ads to run during the same weeks as the newspaper notice detailed

above. The Defendants will have the opportunity to review the ads prior to their broadcast, and

any dispute between the parties regarding the content of the ads will be decided by the mediator.

5. If, after the initial mailing, the Notice is returned as undeliverable, the

Claims Administrator will attempt to locate the Class Members by way of a national locator

database or service and, if another address is found, remail the Notice to that new address.

6.

The Settlement Administrator shall provide an affidavit to the Court, with a copy

to Class Counsel and Defendants' Counsel, attesting to the measures undertaken to provide

Notice of the Settlement. The Website Administrator will also provide an affidavit attesting to

activity on the settlement website, including number of visitors and number of documents

downloaded. 7. The Settlement Administrator (and any person retained by the Settlement
Administrator) shall sign a confidentiality agreement in a form agreed to by the Parties, which shall provide that the names, addresses and other information about specific Class Members and/or specific Class Members that is provided to it by Defendants, Class Counsel, or by
18

LAW OFFICES OF ELMER ROBERT KEACH, III
A PROFESSIONAL CORPORATION
1040 RIVERFRONT CENTEH. • P. 0. BOX 70 • ~'\..MSTEHDAM, NY 12010 TELEPHONE 518~434-1718 • T.ELECOPIER 518-770-1558 ELECTRONIC MAIL: holJkvachG_ilk(•nchJ,n, fit·nl.<"onl

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individual Settlement Class Members, shall be treated as confidential and shall be used only by the Settlement Administrator as required by this Settlement Agreement.
8. Class Counsel will employ an interpreter on a per diem basis to assist Settlement Class Members whose primary language is Spanish in filing claims under the settlement. The costs of this interpreter will paid as an administrative cost.
V. REQUESTS FOR EXCLUSION BY CLASS MEMBERS A. The provisions of this paragraph shall apply to any Request for Exclusion. Any Class Member may make a Request for Exclusion by mailing or delivering such request in writing to the Settlement Administrator. Any Request for Exclusion must be postmarked or delivered not later than the Opt-Out Deadline. Any Request for Exclusion shall state the name, address and telephone number of the person requesting exclusion and contain a clear statement communicating that such person elects to be excluded from the Settlement, does not wish to be a Settlement Class Member and elects to be excluded from any judgment entered pursuant to the Settlement. B. Any Class Member who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement. C. Not later than three (3) business days after the deadline for submission of Requests for Exclusion, the Settlement Administrator shall provide an Opt-Out List to Class Counsel and to Defendants' Counsel together with copies of the Request for Exclusion. Class Counsel and Defendants' Counsel shall jointly report the names appearing on the Opt-Out List to the Court at the time of the Final Approval Hearing. D. Class counsel agrees that they will not represent any individuals who opt out from
19
LAW OFFICES OF ELMER ROBERT KEACH, Ill
A PROFESSIONAL CORPORATION 1040 RIVERFRONT Cf:<:NTER • P.O. I30X 70 • ANSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIER 518-770-1558 ELECTRONIC MAIL: IJullkvn<"ll@'\.:(•n clll 11'' fi r·1 n.l"olll

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the Settlement in asserting claims against Defendants that are the subject of this agreement.

VI. OBJECTIONS BY SETTLEMENT CLASS MEMBERS A. Any Settlement Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by the Objection Date. Such objection shall state the name, address and telephone number of the person and provide proof of membership in the Settlement Class, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered in support of the objection. B. The agreed-upon procedures and requirements for filing objections in connection with the Final Approval Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Settlement Class Members' objections to the Settlement Agreement, in accordance with such Settlement Class Members' due process rights. The Preliminary Approval Order and Class Notice will require all Settlement Class Members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendants' Counsel, at the addresses set forth in the Class Notice, no later than the Objection Date. The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the Clerk of the Court, along with the required information and documentation set forth above, or to serve them as provided above shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court.
20
LAW OFFICES OF ELMER ROBERT KEACH, III
A PROFESSION I; I. CORI'OHATION 1040 RIVERFRONT CENTER • P. 0. I30X 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIEH 518-770-1558 ELECTRONIC MAIL: h< Jl J kt•ai'IJCWkt'adll awfi 1'1 n .('Oill

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C. In accordance with law, only Class Members who may object to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Class Member who wishes to appeal Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in any amount to be determined by the Court as a condition of prosecuting such appeal. VII. RELEASE, DISMISSAL OF ACTION, AND JURISDICTION OF COURT
A. By this Settlement Agreement and the following Release, Defendants, and all of their respective affiliates, predecessors, successor and assigns, officers, agents, representatives, insurers and employees are released from any and all claims or causes of action that were, could have been, or should have been asserted by the named Plaintiffs or any member of the Class against the Released Persons, or any of them, based upon or related to the actions that are the subject of this Settlement Agreement.
B. This Settlement Agreement and Release does not affect the rights, if any, of Class Members who timely and properly exclude themselves from the Settlement.
C. The administration and consummation of the Settlement as embodied in this Settlement Agreement shall be under the authority of the Court. The Court shall retain jurisdiction to protect, preserve, and implement the Settlement Agreement, including, but not limited to, the Release. The Court expressly retains jurisdiction in order to enter such further orders as may be necessary or appropriate in administering and implementing the terms and provisions of the Settlement Agreement, including, but not limited to, orders enjoining Settlement Class Members from prosecuting claims that are released pursuant to the Settlement
Agreement. D. Upon the Effective Date and the conclusion of any appeals: (i) the Settlement 21
LAW OFFICES OF ELMER ROBERT KEACH, III
A PROFESSIONAL CORPORATTON 1040 RIVERFRONT CENTER • P. 0. ROX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELFCOPJER 518-770-l55fl ELECTRONIC MAIL: 1Hll)ki'<H"Il8'kt'•H·Ill a·wfi I'IIIJ"I>ill

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Agreement shall be the exclusive remedy for any and all Released Claims of Class Members; (ii) the Released Parties shall not be subject to liability or expense of any kind to any Settlement Class Members or their successors, predecessors or assigns except as set forth herein; and (iii) Class Members and their successors, predecessors and assigns shall be permanently barred from initiating, asserting, or prosecuting any and all Released Claims against any Released Party in
any federal or state court in the United States or any other tribunal. E. Tolling of Statute of Limitations. Defendants agree that, with respect to any
claims asserted in the Litigation that are subsequently asserted by any member of the Class who has properly opted out of the settlement, Defendants shall not assert any statute of limitations, repose, or laches defense that did not exist as of April 8, 2003 for a period of sixty (60) days from the date of the timely "opt out" notice. If the claim is not brought within sixty (60) days of the date of the timely "opt out" notice, Defendants have the right to assert all defenses including statute of limitations, repose and/or laches against the withdrawing Class Member. Any individual who opts out of the Settlement must do so by the opt out date set by the Court in the Preliminary Approval Order. Further, in the event that the Court does not approve this Settlement Agreement, Defendants agree that, with respect to any claims asserted in the Litigation that are subsequently asserted or maintained in any existing or subsequently filed class action lawsuit, or by any member of the Class, Defendants shall not assert any statute of limitations, repose or laches defense that is premised upon the time period of April 8, 2003 through and including the date of the last of the following events to occur: the entry of the
Court's order disapproving this Settlement Agreement or the appellate court's decision reversing the Court's order approving this Settlement Agreement. This tolling will cease thirty days after
one of the events detailed in the preceding sentence comes to pass. 22
LAW OFFICES OF ELMEH ROBERT KEACH, III
A PROFESSION AI. COHI-'(lHATIO!\
1040 RIVERFRONT CENTEH_ • P. 0. BOX 70 • AMSTERDAM, NY 12010
TELEPHONE 518-434-1718 • TELECOPIER F>lB-770-1558 ELECTRONJ C MAIL: hoiJIH·<~c!Jtc"llkcu<"lll nwfi l"lll.<"o n 1

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VIII. INCENTIVE AWARDS TO CLASS REPRESENTATIVES Given the efforts of the named Plaintiffs on behalf of the Class, Defendants will not oppose an application for awards of $15,000 each on behalf of the Class Representatives, such amount to be paid before distributions to the general Class. It is agreed between the parties that the Class Representatives provided substantial assistance to Class Counsel in their prosecution of
this action.

IX. REPRESENTATIONS, WARRANTIES AND COVENANTS A. Class Counsel, who are signatories hereof, represent and warrant that they have
the authority, on behalf of Plaintiffs, to execute, deliver, and perform this Settlement Agreement and to consummate all of the transactions contemplated hereby. This Settlement Agreement has been duly and validly executed and delivered by Class Counsel and Plaintiffs and constitutes
their legal valid and binding obligation. B. Defendants, through their undersigned attorneys, represent and warrant that they
have the authority to execute, deliver, and perform this Settlement Agreement and to consummate the transactions contemplated hereby. The execution, delivery and performance by Defendants of this Settlement Agreement and the consummation by them of the actions contemplated hereby have been duly authorized by all necessary corporate action on the part of Defendants. This Settlement Agreement has been duly and validly executed and delivered by Defendants and constitutes their legal, valid, and binding obligation.
23
LAW OFFICES OF ELY!ER ROBEHT KEACH, III
A PROFESSIONAL CUI-If'ORATION
1040 lUVERFRONT CENTE.H. • P.O. BOX 70 • AMSTEHDAM, NY 1:2010 TELEPHONE 518-4:34-1718 • TELECOPIER 518-770-l55E:-I ELECTRONIC MAIL: IHJI)kl'n<·IJCi:OJ~<'u<·IJI:Jwfi r·1n.voJn

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X. MISCELLANEOUS PROVISIONS A. This Settlement Agreement, and the exhibits and related documents hereto, are not, and shall not at any time be construed or deemed to be, or to evidence, any admission against or concession by Defendants with respect to any wrongdoing, fault, or omission of any kind whatsoever, regardless of whether or not this Settlement Agreement results in entry of a Final Judgment as contemplated herein. Any payment of moneys, or any other action taken, by any of the Defendants pursuant to any provision of this Settlement Agreement, shall not at any time be construed or deemed to be, or to evidence, any admission against or concession by Defendants with respect to any wrongdoing, fault, or omission of any kind whatsoever, regardless of whether or not this Settlement Agreement results in entry of a Final Judgment as contemplated herein. Defendants and each of them deny any liability to Plaintiffs and to all Members of the Class. This provision shall survive the expiration or voiding of the Settlement Agreement. B. This Settlement Agreement is entered into only for purposes of Settlement. In the event that the Effective Date does not occur for any reason or the Final Judgment is not entered, then this Settlement Agreement, including any releases or dismissals hereunder, is canceled. In the event this Settlement Agreement is cancelled or deemed cancelled, no term or condition of this Settlement Agreement, or any draft thereof, or of the discussion, negotiation, documentation or other part or aspect of the Parties' settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose, or used for any purposes whatsoever in the Litigation or in any other litigation, and all Parties shall be restored to their prior rights positions as if the mediation had never occurred and the Settlement Agreement had not been entered into.
24
LAW OFFICES OF ELMEH HODERT KEACH, Ill
A PHOFESSJ(INAL OlliJ'(J!lATJ(l'l
1040 RIVERFRO-:-.JT CENTER • P 0. nO X 70 • A~tS I EH.iL">-H, 1\Y 12010 TELL~IIONL 3lf:l-434-171f:l • I I•: I LCOPIEH 518-770-1550 ELECT HON IC MAlL: IH >ll I~• '<lvll~' l~l'<l(" l1l H\\ fi r·r 11.1 ·• > 111

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C. The headings of the sections and paragraphs of this Settlement Agreement are

included for convenience only and shall not be deemed to constitute part of this Settlement

Agreement or to affect its construction.

D. This Settlement Agreement, including all exhibits attached hereto, may not be

modified or amended except in writing signed by all of the Parties or their counsel.

E. This Settlement Agreement may be executed in one or more counterparts, each of

which shall be deemed an original but all of which together shall constitute one and the same

instrument.

F. This Settlement Agreement shall be governed by and construed in accordance

with the substantive laws of the State of New Jersey, without giving effect to any choice or

conflict of law provision, or rule that would cause the application of the laws of any other

jurisdiction.

G. Except as otherwise provided in this Settlement Agreement, each party to this

Settlement Agreement shall bear his or its own costs of the Litigation.

H. If any clause, provision or paragraph of this Settlement Agreement shall, for any

reason, be held illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability

shall not affect any other clause, provision or paragraph of this Settlement Agreement, and this

Settlement Agreement shall be construed and enforced as if such illegal, invalid, or

unenforceable clause, paragraph, or other provisions had not been contained herein.

I.

The Parties to this Settlement Agreement reserve the right, by agreement and

subject to the Court's approval, to grant any reasonable extensions of time that might be

necessary to carry out any of the provisions of this Settlement Agreement.

J. All applications for Court approval or Court orders required under this Settlement

25

LAW OFii!CES OF ELY!ETI HOHETIT 1\EACII, Ill
.A F'HOI'ESS!O>J .'\1_ COJ?I'OH '\riOt-; 1040 HIVETIFTIOKT CENTEH •1-'.0. BOX 70 • /\HSJ Udl:\t'-1, NY 12010
TELEPIIONL Cilf:l-4~34-171fl • TELECOPIEH 5In-770-1550 ELECTRONIC MAIL: I lt 111 kt •n("ll~.- kt•n t ·Ill; 1\\ fi r·rn.t·t 1111

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Agreement shall be made on notice to Plaintiffs and Defendants. K. The determination of the terms of, and the drafting of, this Settlement Agreement,
including its exhibits, has been by mutual agreement after negotiation, with consideration by and participation of all Parties and their counsel. Since this Settlement Agreement was drafted with the participation of all Parties and their counsel, the presumption that ambiguities shall be construed against the drafter does not apply. Each of the Parties was represented by competent and effective counsel throughout the course of settlement negotiations and in the drafting and execution of this Settlement Agreement, and there was no disparity in bargaining power among the Parties to this Settlement Agreement. In entering into this Settlement Agreement, none of the Parties relied on advice received from any other Party or any other Party's counsel.
L. Integrated Agreement I. All of the exhibits to this Settlement Agreement are material and integral
parts hereof, and are fully incorporated herein by reference. 2. This Settlement Agreement and the exhibits thereto constitute the entire,
fully integrated agreement among the Parties and cancel and supersede all prior written and unwritten agreements and understandings pertaining to the settlement of the Litigation.
M. Notice: I. Any notice, request or instruction or other document to be given by any
party to this Settlement Agreement to any other party to this Settlement Agreement (other than class notification) shall be in writing and delivered personally or sent by registered or certified mail, postage prepaid:
If to Defendants to: Jeffery Meyer, Esquire, Kaufman Dolowich & Voluck, 135 Crossways Park Drive, Suite 201, Woodbury, New York 11797.
26
LAW OFFICES OJi EL:VILH HOIJLHT KLACII, Ill
A l'HOl,-ESS!O~AL COH.POHAllOt-: 1040 RIVERFHOKT CENTEH •l'.O. BOX 70 • AMSTERDAM, NY 12010
TELEPHONE SHS-484-1710 • TELECOl'lEH 510-770-1555 ELECTRONIC HAll.: hol>kt•Ht·ll~•·kt•H<"IllH\\ fil'lll.<"<llll

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If to Class Counsel or Plaintiffs to: Seth R. Lesser, Esq., Locks Law Firm, 457 Haddonfield Road, Cherry Hill, New Jersey 08002.

N. Dispute Resolution The Parties agree that any disputes regarding the terms and conditions of this Agreement, the Parties' rights and obligations under this Settlement Agreement, and/or the manner in which any issue or dispute arising under this Settlement Agreement shall be submitted to the Mediator, who shall attempt to mediate such dispute, and if such dispute cannot be resolved via mediation, shall decide such dispute. The Mediator's decision shall be final and binding. If for any reason the Mediator becomes unable to serve, the Parties shall attempt to agree on a substitute mediator. If they are unable to do so, any issue or dispute covered by this Section shall be resolved by the Court. IN WITNESS WHEREOF, Plaintiffs and Defendants and their respective counsel have executed this Settlement Agreement as ofthe date(s) indicated on th/Jbelow.
/ _..~--;,-.~/

Dated: August 23, 2007

Elmer Robert K ach, I I, Esquire LAW OFFICES F ELMER KEACH, PC I040 Riverfront Center P. 0. Box 70 Amsterdam, NY 12010
~Lv~i(f<it_
Charles LaDuca, Esquire CUNEO, GILBERT & LaDUCA 507 C Street NE Washington, DC 20002

27

LAW OFFICES OF ELMEH HOBERT KEACH, III
'\ l'HOFESSTONAL COHP(_)R.-\TION 1040 RIVERFHOhT CENTEH •1-'.0.lJOX 70 • AMSTEHDAYI, NY 12010
TELEPHONE f'>IB-434-1710 • TELECOI'IEH ;',H1-770-l:">!"">A ELECT HON lC MAlL: I Hlil kt'<H ·lr(•~' kP;~e! 1 I <1\\'ri r·rn. ('Oill

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J~ £~felL~
Seth Lesser, Esquire THE LOCKS LAW FIRM 457 Haddonfield Road Cherry Hill, NJ 08002
Z!JI/1. I Lf(a'Z
William Riback, Esquire 527 Cooper Street Camden, NJ 08102
ATTORNEYS FOR PLAINTIFFS

Dated: August~' 2007

P · ol Jeffery Meyer squire Kaufman Dolowich & Voluck, LLP 135 Crossways Park Drive Woodbury, NY 11797
ATTORNEY FOR DEFENDANTS

28
LAW OFFICES OP ELMEE HOBERT KEACH, Ill
A I'HilFESSIONi\l. <:OHf'OilATJ(JN 1040 RIVERFHONT CENTEH • 1'. 0. LiOX 70 • A~1STEHDAM, NY 12010
TELEPHO~E f..lR~434-171H • TELECOl'lEH. 51tl-770-1:"15fl ELECTRONIC MAll.: IH>l>k<"<l<'ll(<~'l,,·,~t·lll;~,., fii'IIJ.t·<>lll

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EXHIBIT A

U\W OFFICES OF ELMER HOBERT KEACH, Ill
·\!'HOI ESSJONAL UlllJ'(ll{,\.lJON 1040 RIVEHFHO:NT CENTFH • 1-'. 0. DOX 70 • ~"-HSTF H !lAM, NY 12010
TELl~!Jl!O:NE 510--1·34-1718 • TELECOI'IEH ~>ll:l-770-t:=:.ss ELECTHON JC MAIL: IH >lli,P;tr·fl(;,.k, 'Hl ·l1l H\\ t'i I' lll.('OI n

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HICKS v. COUNTY OF CAMDEN, CASE NO. 05-CV-1857
CLAIM FORM AND RELEASE
PLEASE READ THESE INSTRUCTIONS AND CLAIM FORM CAREFULLY
To get money from the settlement, you must fill out the Claim Form and Release ("Claim Form"). The Claim Form is attached at the end of these instructions. The completed and signed Claim Form must be postmarked by {insert date]. Ifyou fail to send it in on time, it will be rejected and you will not get any money. You must sign on the last page. You must submit it in the enclosed envelope or another properly addressed, postage prepaid envelope to the following address:
Hicks v. County of Camden Settlement Administrator P. 0. Box 9181
Dublin, OH 43017-4181
1-800-741-8907
A. If you have any questions about how the Settlement Fund will be divided up, you should write or call the Settlement Administrator. Their address and phone number is above.
B. All Settlement Class Members who do not exclude themselves are bound by the terms of the judgment. This is true whether you send in a Form or not.
C. If you have asked to be excluded, do not submit a Claim Form.
I. WHO IS IN THE SETTLEMENT CLASS?
You are in the "Settlement Class" if you satisfy ALL of the following four conditions:
I. you entered the Camden County Correctional Facility; 2. you were charged with a misdemeanor, violation, traffic violation, violation of
probation or parole, or held on a civil matter such as on a Family Court warrant; 3. you were strip searched at the Correctional Facility upon entry; AND 4. you were strip searched during the period April 8, 2003 through April27, 2005.
The Settlement also provides additional payments for individuals who meet ALL four of the above conditions, and who also were arrested in the City of Camden, made bail payments, but nonetheless were detained by the Camden Department of Corrections and were detained for over twelve (12) hours.
If you have questions about these requirements, you should review the Class Notice.

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II. CLAIM FORM INSTRUCTIONS A. Please type or neatly print all the information that is asked for.

B. If you want money from the Settlement Fund you must complete Part I ofthe Claim Form and the additional parts of the Claim Form that apply to you.

C. By signing below you are verifying that the information your have included is correct. You also agree to provide additional information to Class Counsel or the Settlement Administrator to support your claim. They may ask you to do this in the future.
D. By signing below you are also verifying that you have not filed a claim or lawsuit about being strip searched at the Correctional Facility, and that you did not ask anyone else to file one for you, and you don't know of anyone who might have filed one for you.

E. Please read the instructions carefully. Your claim will be checked and verified by the Settlement Administrator. You should keep copies of all documents that support your claim while this is going on.
F. A Claim Form will be considered submitted to the Settlement Administrator if it is mailed in a first-class envelope that is postmarked by the due date. You may want to send in your Claim Form by Certified Mail, Return Receipt Requested. If you send the Claim Form to the Settlement Administrator in some way other than first-class mail, the Claim Form will be considered "submitted" when it is received by the Settlement Administrator.

G. The Settlement Administrator will not tell you when they get your Claim Form. If you want to make sure the Settlement Administrator gets your form, you should send it by Certified Mail, Return Receipt Requested. It will take some time to process all the forms and send the checks. This work will be done as fast as possible, but each claim must be checked for accuracy and recorded.
H. Please write or call Settlement Administrator if your address changes.

I.

Class Counsel will make arrangements for individuals without bank accounts to cash their

settlement checks with a local bank. You will receive more information about this when you

receive your settlement check.

THE CLAIM FORM MUST BE FILLED OUT AND SIGNED IF YOU WANT TO GET MONEY FROM THE SETTLEMENT FUND. THE ENVELOPE MUST BE POSTMARKED NO LATER THAN [INSERT DATE[ 2007, AND MUST BE MAILED TO:

Hicks v. County of Camden Settlement Administrator P. 0. Box 9181
Dublin, OH 43017-4181

2

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III. CLAIM FORM HICKS V. COUNTY OF CAMDEN PART 1: CLAIMANT IDENTIFICATION Claimant's Name:
Mailing Address:

City: _ _ _ _ _ _ _ _ State/County: _ _ _ _ _ _ _ Zip Code: _ _ _ _ _ __ Telephone Numbers: _________ (day) __________ (evening)
________ (mobile) Date of Arrest if known, (Please say so if the date you give is an estimate): _ _ _ _ __
___ Actual - - - Estimate Criminal charges or other reason for arrest, if known (i.e. non-indictable offense, violation of probation, Family Court warrant):
(If you do not know what the charges against you were, but believe you are still a Class Member, you should file a claim. We will get your arrest record from the County. You may still be asked to provide more information about your case.)

3

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Did you post Bail when you were detained at the Camden Police Department? Yes:_ _ __

No: If yes, were you then detained by the Camden County Department of Corrections for a time period of more than twelve (12) hours?
Yes: No:· - - - -

Social Security Number:

Date of Birth:---,--,---------

(If you fail to include this information, your claim may not be paid)

Name of person to contact (next of kin, family member, attorney, etc.) if there are questions regarding this claim (make sure to include telephone number):

Relationship of this person to y o u : - - - - - - - - - - - - - - - - - - - - - Address: ---------------------------------------------Telephone Numbers: _____________ (day) _______________ (evening)
______________ (mobile)

4

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SUBMISSION TO JURISDICTION OF THE COURT
By signing below, I agree that the United States District Court for the District of New Jersey has the power to rule on my claim as a Settlement Class Member, and that the Court has the power to enforce the Release described below.
RELEASE
By signing below, you acknowledge the release and discharge of the Defendants, and all of their respective parents, subsidiaries, affiliates, predecessors, successors and assigns, officers, agents, representatives, and employees, from any and all claims or causes of action that were, could have been, or should have been asserted by the named Plaintiffs or any member of the Settlement Class against the Released Persons, or any of them, based upon or related to strip searches in the Camden County Correctional Facility.
VERIFICATION I declare under penalty of perjury under the laws of the United States that the foregoing information provided by the undersigned is true and correct. I also declare that I was strip searched when I was admitted into the Camden County Correctional Facility. I filled out and signed this Proof of Claim and Release form on _ _ _ _ _ _ _ _ _, 2007, in
(City, State, Country)
(Sign your name here)
(Type/Print your name here)

5

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EXHIBITB

LAW OFFICES CJfi EL~1Lii HOl::lEHT KEACH, Ill
.A. !'ItO f. F~':>IOt< :\L CORPORA lJO~
1040 RIVEHFHONT CEN rEH •1'.0. !lOX 70 • AHSH.:.HDAM, NY 12010 TELEPHONE Gl0-434-17Ifl • TELECOl'lEH C>lH-770-ICl5f1 ELECTHONTC MAIL: IHJIJI,,·u•·IJ~''k•·;tl'lll<l\\ f'il'JlL<·o•n

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Legal Notice United States District Court for the District of New Jersey
NOTICE OF PROPOSED SETTLEMENT AND HEARING
If You Entered the Camden County Correction Facility from April 8, 2003 to April 27, 2005 And Were Strip Searched, Then Your Rights Could Be Affected By A Proposed Class Action Settlement.
The United States District Court for the District ofNew Jersey authorized this notice. It is not from a lawyer. You are not being sued.
This is a proposed settlement of a class action lawsuit alleging that corrections officers employed at the Camden County Correctional Facility engaged in the practice of illegally strip searching all individuals charged with non-indictable or minor offenses upon their entry into the Camden County Correctional Facility from April 8, 2003 until April 27, 2005. The proposed settlement does not include individuals who were charged with indictable offenses at the time of their admission to the Camden County Correctional Facility, or who were not strip searched when they entered the Correctional Facility. The Proposed Settlement also addresses the alleged practice of Camden County in unlawfully detaining many members of the settlement class after they posted bail in the City of Camden.
One benefit of the settlement to class members is that each class member will be entitled to an equal share of a $7.5 million settlement fund, after payment of administrative costs, incentive awards to the representative plaintiffs, and attorneys' fees.
Visit the Settlement website at www.camdencountystripsearch.com for additional details about the settlement. You may also get additional information by calling l-800-7418907 or by writing to Hicks v. County of Camden Settlement Administrator, P.O. Box 9181, Dublin, OH 43017-4181.
Your legal rights are affected whether you act or don't act. Read this notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

Submit a Claim Form

You must submit a Claim Form to receive payment under the settlement. You must submit a Claim Form by [insert date] to get any money.

Exclude Yourself

If you exclude yourself from the settlement, you will not be bound by the Settlement or judgment and will not be entitled to a cash payment. You will be free to pursue your claims against the Defendants. This is the only option that allows you to bring or be part of any other lawsuit against the

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Object
Go to a Hearing Do Nothing

Defendants in this case about the same legal claims that are advanced in this case. You must exclude yourself from the Settlement by (Insert Date).
If you do not exclude yourself, you may write to the Court about why you do not like the Settlement or the request for legal fees and costs. You must send a written objection to the Court postmarked no later than [Insert Date).
You may ask to speak in Court about the fairness of the settlement or the request for fees and costs.
You get !!!! payment. You give up your right to sue Defendants on these claims later.

These rights and options - and the deadlines to exercise them - are explained in this notice.

The Court in charge of this case still must decide whether to give final approval to the Settlement. Likewise, payments to class members will be distributed only if the Court grants final approval of the Settlement and after any appeals are resolved.

I. WHY DID I GET THIS NOTICE PACKAGE?
You or someone in your family may have been admitted to the Camden County Correctional Facility on a non-indictable offense, disorderly persons offense, warrant for failure to appear, warrant for failure to pay a fine, traffic violation, violation of probation or parole, or on a family or civil court warrant from April 8, 2003 to April27, 2005 and been subject to a strip search.

The Court sent you this notice because you have the right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court approves it and after objections and appeals are resolved, an administrator appointed by the Court will make the monetary payments that the settlement allows. You will be informed of the progress of the settlement. You should understand that the process of Court approval may take a good deal of time.

This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them and how to get them.

The Court in charge of this case is the United States District Court for the District of New Jersey, Camden Vicinage, United States District Judge Joseph Rodriguez presiding. The case is called Hicks v. County of Camden, Index No. 05-CV-1857 (JHR). The people who sued are called Plaintiffs, and the municipality and municipal officials they sued, the County of Camden, its correctional employees and elected officials, are called the Defendants.

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II. WHAT IS THIS LAWSUIT ABOUT?
Plaintiffs claim in this lawsuit that the County of Camden illegally strip searched individuals admitted to the Camden County Correctional Facility who were charged with nonindictable crimes or other minor offenses, in violation of the unreasonable search provisions of the United States Constitution. Defendants deny that they did anything wrong, and contend that even if they did do anything wrong, Plaintiffs are not entitled to any money as a result of being searched.
III. WHY IS THIS A CLASS ACTION?
In a class action, one or more people, called Class Representatives (in this case Laverne Hicks and Michael Velez) sue on behalf of all people who have similar claims. All of these people are a Class or Class Members. A class action resolves the issues for all Class Members, except for those who exclude themselves from the Class. United States District Judge Joseph H. Rodriguez is in charge of this class action.
IV. WHY IS THERE A SETTLEMENT?
The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the costs and risks of a trial, and the people affected will get compensation. The Class Representatives and their attorneys think the settlement is best for everyone who are alleged to have been illegally strip searched.
V. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?
Judge Rodriguez decided that everyone who fits this description is a Class Member: All persons who were admitted into the Camden County Correctional Facility during the period April 8, 2003, through and including April 27, 2005, after being charged with non-indictable offenses, disorderly persons offenses, violations, traffic infractions, violations of probation or parole, held on civil matters or other non-indictable occurrences, and were strip searched upon their entry into the Correctional Facility in the absence of reasonable suspicion. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
Additionally, Judge Rodriguez decided to certify a portion of the individuals detailed above as a sub-class. Specifically, Judge Rodriguez decided that everyone who fits this description is a member of the Sub-Class: All persons who posted bail on non-indictable or other minor offenses during the period of April 8, 2003 through and including April 27, 2005 at the Camden County Satellite Unit, located at the Camden City Police Department, and who were detained by Camden County for over twelve hours after the bail was posted.

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The Settlement does not cover individuals charged with indictable offenses at the time of their entry into the Camden County Correctional Facility, anyone who entered the Correctional Facility after being convicted of (as compared to only being charged with) a crime, or anyone who entered the Correctional Facility but was not strip searched as part of the Correctional Facility's booking procedure.
VI. DO I NEED TO PROVE THAT I WAS STRIP-SEARCHED, AND WHAT DOES THAT MEAN'?
No, you do not need to prove that you were subjected to such a search. In filling out the Claim Form, you will affirm, under penalty of perjury, that you were strip searched, and Defendants will accept this affirmation. Provided that your name is detailed in booking records maintained by Camden County, your affirmation will entitle you to payment. If your name is not contained in Camden County's records, you may be asked to provide additional documentation before being allowed to participate in the settlement.
A strip search occurred when you were ordered to take off some or all of your clothes by a Camden County employee, with that employee watching you undress. Some members of the Class may also have been forced to bend at the waist or manipulate body parts to allow for a visual inspection. If you were searched in this manner when you were booked into the facility, you are a member of the class and entitled to make a claim. You will need to provide an affirmation on the Claim Form confirming that one of these searches was conducted on you when you entered the Camden County Correctional Facility.
VII. HOW DO I KNOW WHETHER THE PRE-ADJUDICATED CRIME FOR WHICH I WAS CHARGED UPON ADMISSION TO THE CAMDEN COUNTY CORRECTIONAL FACILITY QUALIFIES ME FOR INCLUSION IN THE CLASS'?
You must have been brought to the Camden County Correctional Facility before a judge has sentenced you (pre-adjudication) to be eligible to recover, and the charges must have been non-indictable offenses. Everyone brought to the Camden County Correctional Facility preadjudication on non-indictable offenses and was strip searched is eligible under this settlement agreement.
Stated another way, persons who were charged with "indictable offenses" as defined under the New Jersey Code when they were admitted to the Camden County Correctional Facility cannot recover. New Jersey defines an indictable offense as an offense which authorizes in excess of six months jail time if convicted. Indictable offenses are usually handled by a Superior Court Judge, and require indictment by a grand jury. Murder, burglary and rape are examples of indictable offenses. Anyone charged with an indictable offense upon admission to the Camden County Correctional Facility, even if they were also charged with non-indictable offenses at the same time, is not a member of the class unless they were, on another occasion, admitted to the Camden County Correctional Facility solely on non-indictable or violation charges.

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Examples of "non-indictable offenses" are disorderly persons offenses, traffic offenses, and child support warrants. Disorderly persons offenses are non-indictable offenses and are, at most, subject to incarceration in a local Correctional Facility. Non-Indictable offenses are handled by a Municipal Court or City, Town or Village Court judge, and do not require indictment. Shoplifting less than $200.00, Disorderly conduct, and Loitering are examples of charges which are non-indictable offenses, and fall within the class definition. Anyone charged with such a non-indictable offense and upon admission to the Camden County Correctional Facility was strip searched is a member of the Class.
The settlement further allows for individuals to make claims if they were admitted to the Camden County Correctional Facility for violating the terms of their probation or parole, or if they were subject to a civil commitment. Parole is only assessed if an individual has served time in state prison. If the individual was charged solely with violating parole or probation (for instance, not honoring their conditions of supervision or violating curfew), they are considered to be a member of the class. If an individual is charged with violating probation or parole and is at the same time charged with an indictable offense, they are not a member of the class. A civil commitment is an order from a non-criminal court, usually the Family Court, committing that individual to the Camden County Correctional Facility. Individuals admitted to the Camden County Correctional Facility on a civil commitment, for example, a commitment for failure to pay child support, are members of the Class.
Finally, if a person was arrested and brought to the Camden County Correctional Facility under traffic offenses or traffic warrants, failing to pay fines and contempt, pre-adjudication, you are eligible under this settlement agreement. Consequently, if you failed to honor a payment order with a municipal court, and were arrested, or failed to appear for a municipal court date and arrested, brought to the Camden County Correctional Facility and strip searched, you are eligible to receive a settlement payment.
VIII. HOW DO I KNOW WHETHER OR NOT I QUALIFY AS A MEMBER OF THE SUB-CLASS OF INDIVIDUALS WHO WERE WRONGFULLY DETAINED BY CAMDEN COUNTY.
Just prior to April 2004, Camden County took over detaining individuals who were arrested by the City of Camden Police Department. The Camden County Satellite Unit, which comprised the former holding cells of the Camden PD, was administered by Camden County Corrections Officers. Individuals arrested by the Camden PD would be turned over to the custody of the Satellite Unit shortly after their arrest.
Many individuals would post bail shortly after their arrest, but would continue to be detained by Camden County and later transported to the Camden County Correctional Facility. Detainees were often then held at the Camden County Correctional Facility for several hours until they were reviewed for outstanding warrants. The sub-class certified by Judge Rodriguez addresses individuals arrested for non-indictable or other minor offenses who were then held for

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twelve hours after posting after posting bail. If you, or someone on your behalf, posted bail at either the Camden County Satellite Unit, the Camden County Clerk's Office, or the Camden County Correctional Facility, and you were then held for twelve hours or more after posting bail, you are eligible to receive an additional payment under the settlement. You can mark the appropriate box on the claim form to confirm that you were held for more than twelve hours, and also claim your eligibility for the additional payment. Class Counsel will then verify that you are eligible to receive this additional payment.
IX. I WAS ADMITTED TO THE CAMDEN COUNTY CORRECTIONAL FACILITY BUT I CAN'T REMEMBER WHAT MY CRIMINAL CHARGES WERE. HOW CAN I FIND THIS OUT, AND HOW DO I KNOW IF THE CHARGE WAS A NONINDICTABLE OFFENSE?
There are several ways for potential class members to determine the nature of their criminal charges. First, you can review your charging documents, which should reflect both your actual charges and whether the charges were non-indictable offenses. If you do not have your charging document and remember the local court where you were prosecuted, the court clerk will be able to help you find these documents.
If you need additional help determining whether you are a class member, or of you have other questions, you can contact the Settlement Administrator at 1-800-741-8907.
You can still make a claim if you do not remember your criminal charges if you believe you are a member of the Class, but you may be asked for additional information.
X. I PLED GUILTY TO A CRIME. HOW DOES THIS AFFECT BY RIGHT TO PARTICIPATE IN THE SETTLEMENT?
If you were admitted to the Camden County Correctional Facility solely on nonindictable or other minor charges, as defined above, you can participate in the settlement regardless of how you resolved your criminal charges, including if you pled guilty to those charges, provided that you were admitted to the Correctional Facility before being sentenced by a court. For most class members, this would mean that they were committed to the Camden County Correctional Facility after they were arraigned before a Judge. If you were sentenced before admission to the Correctional Facility, meaning you were committed after pleading guilty or being convicted at trial, you are not a class member.
XI. WHAT IF I WAS ADMITTED TO THE CAMDEN COUNTY CORRECTIONAL FACILITY ON MORE THAN ONE OCCASION? CAN I STILL PARTICIPATE IN THE SETTLEMENT?
Yes. Individuals who were admitted to the Camden County Correctional Facility on more than one occasion during the class period can be members of the class and can recover

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money. They can only recover one payment, however, meaning that you will not be provided with extra payments if you were admitted to the Camden County Correctional Facility more than
one time.

XII. I AM STILL NOT SURE IF I AM INCLUDED.
If you are still not sure if you are included, you can ask for help. You can call 1-800741-8907 and the settlement administrator or class counsel may help answer your questions. For more information, you can also visit the website, www.camdencountystripsearch.com, or you can just fill out the Claim Form and return it to the Settlement Administrator to see if you qualify.
THE SETTLEMENT BENEFITS- WHAT YOU GET
XIII. WHAT DOES THE SETTLEMENT PROVIDE?
Defendants have agreed to pay $7,500,000 to resolve this litigation. That money will be used to: I) compensate Class Members who have been illegally strip searched; 2) pay for notifying Class Members and administering the settlement; 3) pay incentive awards to the named Plaintiffs, Laverne Hicks and Michael Velez; and 4) pay attorneys' fees and expenses. A complete description of the settlement is provided in the Settlement Agreement. You can get a copy of the Settlement Agreement by visiting www.camdencountystripsearch.com or by calling 1-800-741-8907.
XIV. WHAT CAN I GET FROM THE SETTLEMENT?
The settlement provides that all class members who make claims will receive an equal share of $7,500,000, minus the costs of notice and administration, an incentive award for the named Plaintiffs, attorneys' fees, and expenses. Class counsel anticipates, based on claims rates from other settlements, that all individuals who make a claim on the settlement will receive between $750.00 and $1,250.00 as a settlement payment. These amounts are dependent on how many claims are received by the Claims Administrator during the claims period, and are subject to change based the number of claims received. No amount is guaranteed.
HOW YOU GET A PAYMENT- SUBMITTING A CLAIM FORM
XV. HOWCANIGET A PAYMENT?
To qualify for a payment, you MUST send in a Claim Form. A claim form is attached to

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this Notice.

You can also get a claim form on the Internet at

www.camdencountystripsearch.com. Read the instructions carefully, fill out the form, sign it,

and mail it postmarked no later than [insert date].

You may be asked for additional documents, and will be contacted in writing. You may want to send in your claim form by Certified Mail, Return Receipt Requested, to ensure that it is received by the Settlement Administrator.

XVI. WHEN WOULD I GET MY PAYMENT?

The court will hold a hearing on [insert date] to decide whether to approve the settlement. If Judge Rodriguez approves the settlement, there may be appeals. It is always uncertain whether those appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who sends in a claim form will be informed of the progress of the settlement. Please be patient.

XVII. WHAT AM I GIVING UP TO GET A PAYMENT OR STAY IN THE CLASS?

Unless you exclude yourself, you are staying in the Class, and that means you can't sue, continue to sue, or be part of any other lawsuit against Camden County, its employees, or its elected officials about the legal issues in this case. It also means that all the Court's orders will apply to you and legally bind you. If you sign the claim form, you will agree to release all claims that you have relating to having been strip searched.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want a payment from this settlement, but you want to keep the right to sue or continue to sue Camden County on your own about the legal issues in this case, then you must take steps to preserve these rights. This is called excluding yourself- or is sometimes referred to as "opting out" of the Settlement Class.

XVIII. HOW DO I GET OUT OF THE SETTLEMENT?

To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Hicks v. County ofCamden. Be sure to include your name, address, telephone number and your signature. You must mail your exclusion request postmarked no later than [insert date] to Hicks v. County of Camden, c/o The Garden City Group, Inc., P.O. Box 9181, Dublin, OH 43017-4181.

You can't exclude yourself on the phone or by email. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Camden

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County in the future.
XIX. IF I DO NOT EXCLUDE MYSELF, CAN I SUE CAMDEN COUNTY FOR THE SAME THING LATER?
No. Unless you exclude yourself, you give up the right to sue Camden County for the claims that this settlement involves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this class action to continue your own lawsuit. Remember, the exclusion deadline is [insert date].
XX. IF I EXCLUDE MYSELF, CAN I GET MONEY FROM THE SETTLEMENT?
No. If you exclude yourself, do not send in a claim form to ask for money. But, you may sue, continue to sue, or be part of a different lawsuit against Camden County.
THE LAWYERS AND INDIVIDUALS REPRESENTING YOU
XXI. DO I HAVE A LAWYER IN THIS CASE?
The Court approved the Seth R. Lesser of Locks Law Firm, Cherry Hill, New Jersey, William Riback, Esquire, Camden, New Jersey, Charles Laduca of Cuneo, Gilbert & LaDuca, Washington, District of Columbia, and the Law Offices of Elmer Robert Keach, III, PC, Amsterdam, New York, to represent you and other Class Members. Together, the lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
XXII. HOW WILL THE LAWYERS AND THE CLASS REPRESENTATIVES BE PAID?
Class Counsel will ask the Court for attorneys' fees and expenses as a percentage of the $7,500,000 settlement, and payments of$15,000.00 for Class Representatives Laverne Hicks and Michael Velez. The Settlement Agreement provides that twenty-seven and one-half percent of the settlement fund will be paid to class counsel as an award of attorneys' fees, together with an award for the reimbursement of expenses. These amounts will be deducted from the settlement fund before payments are made to Class Members. The costs of administering the settlement will also be deducted from the settlement fund.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not agree with the settlement or some part of it.

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XXIII. HOW DO I TELL THE COURT THAT I DO NOT LIKE THE SETTLEMENT?
If you are a Class Member, you can object to the settlement if you don't like any part of it. You can give objections why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to Hicks v. County of Camden. Be sure to include your name, address, telephone number, your signature, and the reasons why you object to this settlement. Mail the objection to these three different places postmarked no later than [insert date].
COURT Clerk of the Court U.S. District Court for the District of New Jersey Mitchell H. Cohen Building and U.S. Courthouse Fourth and Cooper Streets, Room I050 Camden, NJ 08101
CLASS COUNSEL Seth Lesser, Esquire The Locks Law Firm 457 Haddonfield Road, Suite 500 Cherry Hill, NJ 08002
DEFENSE COUNSEL Philip Voluck, Esquire Kaufman Dolowich & Voluck, LLP 135 Crossways Park Drive Woodbury, NY 11797
XXIV. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING MYSELF?
Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be a part of the class. If you exclude yourself, you have no basis to object because the case no longer legally affects you.
THE COURT'S FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you do not have to do so.

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XXV. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
On [insert date) the United States District Court for the District of Jersey will hold a fairness hearing in the Mitchell H. Cohen Building and U.S. Courthouse. Fourth & Cooper Streets. Camden, NJ 08101 in Courtroom [insert courtroom) to determine whether the Class was properly certified and whether the proposed Settlement is fair, adequate, and reasonable. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. This hearing may be continued or rescheduled by the Court without further notice. We do not know how long it will take the Court to give its decision.
XXVI. DO I HAVE TO COME TO THE HEARING? No. Class Counsel will answer questions Judge Rodriguez may have. But you are
welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not required.
XXVII. MAYISPEAKATTHEHEARING? You may ask the Court for permission to speak at the Fairness Hearing. To do so, you
must send a letter saying that it is your "Notice of Intention to Appear in Hicks v. County of Camden.." Be sure to include your name, address, telephone number and your signature. Your Notice of Intention to Appear must be postmarked no later than [insert date) and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses in question XXIII. You cannot speak at this hearing if you excluded yourself.
IF YOU DO NOTHING
XXVIII. WHAT HAPPENS IF I DO NOTHING AT ALL? If you do nothing, you will get no money from the settlement. But, unless you exclude
yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Camden County about the legal issues in this case, ever again. Unless you exclude yourself, you need to file a claim to receive a monetary payment under the settlement.
GETTING MORE INFORMATION
XXIX. ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?

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This Notice summarizes the proposed settlement. More details are in a Settlement Agreement. You can get a copy of the Settlement Agreement by writing to the Settlement Administrator at Hicks v. County of Camden Settlement Administrator, P.O. Box 9181, Dublin, OH 43017-4181 or by visiting www.camdencountystripsearch.com.
XXX. HOW DO I GET MORE INFORMATION?
You can call1-800-741-8907, write to the Settlement Administrator at Hicks v. County of Camden Settlement Administator, P.O. Box 9181, Dublin, OH 43017-4181, or visit the website at www.camdencountystripsearch.com, where you will find answers to common questions about the settlement, a claim form, plus other information to help you determine whether you are a Class Member and whether you are eligible for payment.

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EXHIBITC

LAW OFFICES OF ELME!i !iOBEilT KEACH, Ill
A l'llOI· l·_:,SIUNAL COHI'UHA !ION
1040 RIVFHFHO:;)T CENTEH •1'.0. eox 70 • A:>-IST.EHll."cH, .t\Y 12010
IELEP!IOt-;1·: JIH-4C34-171H • TELECOPIER ,-,u-\-770-15:'5H ELECTRO.KlC MAIL: !Jr >I lkt '>l cl l0i·kr'<l r·l1l >l\\'fi r·n1.t'<, 111

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
LAVERNE lllCKS and MICHAEL VELEZ, both individually and on behalf of a class of others similarly situated,
Plaintiffs. vs.
Case No. 05 -CV-1857 COUNTY OF CAMDEN, CAMDEN COUNTY CORRECTIONAL FACILITY, et al,
Defendants.
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT
TillS CASE coming on for hearing before the undersigned Judge on _ _ _ _ _ __ 2007, pursuant to this Court's Order of _ _ _ _ _ in order for this Court to conduct a final fairness hearing to determine whether the proposed Settlement Agreement between the parties is fair, reasonable and adequate, and to address Class Counsel's application for an award ofattorney's fees and costs; and the Settlement Class Members being represented by Class Counsel and Defendants being represented by their attorney; AND THE COURT having read and considered the Settlement Agreement, the Notice Plan, and Memoranda of Law submitted by Class Counsel, having received evidence at the hearing, having heard arguments from Class Counsel and the Defendants, and having considered the submissions by Class members, now makes the following:
FINDINGS OF FACT I. Tills action was commenced on April 8, 2005, as a class action. 2. After several years ofintensive litigation, including extensive discovery and motion practice

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before this Court, and as a result ofintensive, arm's length negotiations between Class Counsel and Defendants, including three day long settlement conferences before former Magistrate Judge Joel Rosen, the parties have reached accord with respect to a Settlement that provides substantial benefits to Settlement Class Members, in return for a release and dismissal ofthe claims at issue in this case against the Defendants ("Settlement Agreement"). The resulting Settlement Agreement was preliminarily approved by the Court o n - - - - - - - - 3. As part ofthe Order Granting Preliminary Approval, this Court approved a proposed Notice Plan and Class Notice, which provided Settlement Class Members notice ofthe proposed settlement. The Notice Plan provided an opportunity for class members to file objections to the Settlement, and an opportunity to opt-out of the Settlement. 4. As ofthe deadline for the filing ofobjections, only ___ objections were filed. Given the size ofthis Settlement, and the notice plan described above, this Court fmds that the comparatively low number ofobjections is indicative ofthe fairness, reasonableness and adequacy ofthe Settlement with the Defendants.
5. The settling Parties have filed with the Court an affidavit from _ _ _ _ _ _ _ declaring
that the mailing ofthe Court-approved notice, consistent with the Notice Plan, has been completed. 6. The Court fmds that the published notice, mailed notice and Internet posting constitute the best practicable notice of the: Fairness Hearing, proposed Settlement, Class Counsel's application for fees and expenses, and other matters set forth in the Class Notice and Short Form Notice; and that such notice constituted valid, due and sufficient notice to all members ofthe Settlement Class; and complied fully with the requirements of Rule 23 of the Federal Rules of Civil Procedure, the Constitution of the United States, the laws of New Jersey and any other applicable law.
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7. Any persons who wished to be excluded from this Action were provided an opportunity to "opt-out" pursuant to the Notice. All persons who have validly excluded themselves from the Action have no rights under the Settlement Agreement and shall not be bound by the Settlement Agreement or the final judgment herein. [List attached) 8. Settlement Class Members are bound by the: Settlement, Settlement Agreement, releases contained within the Settlement Agreement, and the Final Order and Judgment. Settlement Class Members do not have a further opportunity to opt-out of this Action. 9. Any class member who did not timely file and serve an objection in writing to the Settlement Agreement, to the entry of Final Order and Judgment, or to Plaintiffs' Class Counsel's application for fees, costs, and expenses, in accordance with the procedure set forth in the Class Notice and mandated in the Order Granting Preliminary Approval ofSettlement, is deemed to have waived any such objection by appeal, collateral attack, or otherwise. 10. On the basis of all of the issues in this litigation, and the provisions of the Settlement Agreement, the Court is of the opinion that the Settlement is a fair, reasonable and adequate compromise of the claims against the Defendant in this case, pursuant to Rule 23 of the Federal Rules ofCivil Procedure. There are a number offactors which the Court has considered in aft"trrning this Settlement, including:
a. The liability issues in this case have been vigorously contested. b. The Court noted that for settlement purposes, this Settlement has the benefit ofproviding relief to Class Members now, without further litigation, under circumstances where the liability issues are still vigorously contested among the parties to this litigation and among the parties to the individual litigation. This Settlement provides Class Members with a substantial monetary benefit.
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c. This Settlement is clearly a byproduct of hard-fought litigation between the parties, and
not a result of any collusion on the part of Class Counsel or Counsel for the Defendants.
II. Class Counsel submitted to the Court and served on the Defendants their application for
reasonable attorneys' fees, costs, and expenses consistent with the terms of the Settlement
Agreement. This Court has considered Class Counsel's request and hereby grants the request.
12. The claims procedure established under the Settlement Agreement is fair, a simplified
process, and workable. In any event, the Court will retain jurisdiction to work out any unanticipated
problems.
NOW, THEREFORE, ON THE BASIS OF THE FOREGOING FINDING OF FACT
AND THE COURT HEREBY MAKES THE FOLLOWING CONCLUSIONS OF LAW:
13. This Court has jurisdiction over the parties and the subject matter of this proceeding.
14. Pursuant to Rule 23 ofthe Federal Rules of Civii Procedure, the following Settlement Class
is certified for purposes of final settlement:
All persons who were placed into the custody ofthe Camden County Correctional Facility after being charged with non-indictable offenses, disorderly persons offenses, violations, violations of probation or parole, traffic infractions, civil commitments or other non-indictable occurrences and were strip searched in the absence of reasonable suspicion upon their entry into Camden County Correctional Facility pursuant to the policy, custom and practice ofthe County ofCamden. The class period commences on AprilS, 2003 and extends until April 27, 2005. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
15. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the following
Settlement Sub Class IS certified for purposes of final settlement:

4

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All persons who posted bail on non-indictable or other minor offenses at the Camden County Satellite Unit, located at the Camden City Police Department, and after posting the required bail, were transferred to the Camden County Correctional Facility, and whose detention exceededtwelve hours afterposting bail pursuant to the policy, custom and practice of the County of Camden. The class period commences on April 8, 2003 and extends until April 27, 2005. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
16. The Court fmds that, for the purpose of this Settlement, the requirements of Rule 23 ofthe Federal Rules of Civil Procedure are satisfied, and that a Class Action is an appropriate method for resolving the disputes in this litigation. All the prerequisites for Class certification under Rule 23 are present. The Class members are ascertainable and too numerous to be joined. Questions oflaw andfact common to all Class members predominate over individual issues and should be determined in one proceeding with respect to all Class members. The Class Representatives' claims are typical ofthose ofthe Class. The Class action mechanism is superior to alternative means for adjudicating and resolving this action. 17. The Settlement Class Representatives, Laverne Hicks and Michael Velez, are entitled to and are hereby awarded a payment of$15,000.00 each, in recognition of the efforts they undertook in connection with this lawsuit. All class members who have made claims on the settlement are entitled to receive their pro rata share ofthe settlement fund after administrative expenses, attorneys' fees and expenses, and incentive awards are deducted from the fund. 18. The Court grants final approval of the Settlement Agreement, as being fair, reasonable and adequate, pursuant to Rule 23 ofthe Federal Rules of Civil Procedure.
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19. The Courts finds that the request for attorneys' fees is reasonable. NOW, THEREFORE, ON THE BASIS OF THE FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, ITIS HEREBY ORDERED, ADJUDGED AND DECREED

AS FOLLOWS: 20. The Motion for Final Approval of the Proposed Settlement is GRANTED. 21. The Settlement Class Representatives, Laverne Hicks and Michael Velez, are entitled to and are hereby awarded a payment of $1 5,000.00 each, in recognition of the efforts they undertook in connection with this lawsuit. All class members who have made claims on the settlement are entitled to receive their pro rata share of the settlement fund after administrative expenses, attorneys' fees and expenses, and incentive awards are deducted from the fund. 22. The Class Counsels' application for attorneys' fees and expenses is granted. 23. This Action and all claims against the Settling Defendant are hereby dismissed with prejudice, but the Court shall retain exclusive and continuing jurisdiction ofthe Action, all Parties, and Settlement Class Members, to interpret and enforce the terms, conditions and obligations ofthis

Settlement Agreement. 24. All Class members who have not timely filed an opt-out request are barred and enjoined from commencing and/or prosecuting any claim or action against the Defendant. Any Class member who has not timely filed a request to exclude themselves shall be enjoined from initiating and/or

proceeding as a class action in any forum.

IT IS SO ORDERED.

Dated: _ _ _ __

Hon. Joseph Rodriguez United States District Judge

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EXHIBITD

LAW OFFICES OF ELMER ROBEHT KEACH, Ill
A I'IIOFESSION A J_ CORPORATION 1040 RIVERFRO-::-JT CENTER • P.O. BOX 70 • AMSTERDAM, NY 12010
TELEPHO:-;JE C'>lfl-4:14-1718 • TF.LECOPIEH 5lfl-770-15.'58 ELECTH0.011C HAIL: IJuhkva<·ll~f l~<·nl" lllll\'>'fi !"Ill .<'Oill

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
LAVERNE HICKS and MICHAEL VELEZ, both individually and on behalf of a class of others similarly situated,
Plaintiffs. vs.
Case No. 05 -CV-1857 COUNTY OF CAMDEN, CAMDEN COUNTY CORRECTIONALFACILITY, etal,
Defendants.
ORDER PRELIMINARILY APPROVING SETTLEMENT WHEREAS, the Plaintiffs and Defendants have entered into a Settlement Agreement intended to resolve the litigation pending in this Court; and WHEREAS, the Settlement Agreement, together with supporting materials, sets forth the terms and conditions for a proposed settlement and dismissal with prejudice of these actions against the Defendants; and WHEREAS, the Court has before it the parties' Motion for Preliminary Approval of Settlement and Memorandum in Support of Motion for Preliminary Approval of Settlement, together with the Settlement Agreement and supporting materials; and WHEREAS, the Court is satisfied that the terms and conditions set forth in the Settlement Agreement were the result of good faith, arm's length settlement negotiations between competent and experienced counsel for both Plaintiffs and Defendants.

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IT IS HEREBY ORDERED AS FOLLOWS:
I. Capitalized terms used in this Order have the meanings assigned to them in the
Settlement Agreement and this Order.
2. The terms of the parties' Settlement Agreement are hereby conditionally approved,
subject to further consideration thereof at the Final Approval Hearing provided for below. The
Court finds that said settlement is sufficiently within the range of reasonableness and that notice
of the proposed settlement should be given as provided in this Order.
3. Pursuant to Fed R. Civ. P. 34 the Court conditionally certifies the following settlement
class:
All persons who were placed into the custody of the Camden County Correctional Facility after being charged with non-indictable offenses, disorderly persons offenses, violations, violations of probation or parole, traffic infractions, civil commitments or other non-indictable occurrences and were strip searched in the absence of reasonable suspicion upon their entry into Camden County Correctional Facility pursuant to the policy, custom and practice of the County of Camden. The class period commences on April 8, 2003 and extends until April 27, 2005. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees ..
4. Pursuant to Fed. R. Civ. P. 34, the Court also conditionally certifies the following
settlement sub class:
All persons who posted bail on non-indictable or other minor offenses at the Camden County Satellite Unit, located at the Camden City Police Department, and after posting the required bail, were transferred to the Camden County Correctional Facility, and whose detention exceeded twelve hours after posting bail pursuant to the policy, custom and practice of the County of Camden. The class period commences on April 8, 2003 and extends until April 27, 2005. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
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5. The Court further conditionally finds that Plaintiffs Laverne Hicks and Michael
Velez are adequate class representatives for the Settlement Class.
6. The Court further finds that Plaintiffs' Counsel are adequate Class Counsel.
7. The Court approves the Class Notice of Settlement attached hereto as Exhibit A and the
Summary Notice for Publication attached hereto as Exhibit B. The Court also approves the
Notice Program as set forth in Paragraph IV of the Settlement Agreement.
8. If the Settlement Agreement is terminated or not consummated for any reason
whatsoever, the conditional certification of the Settlement Class shall be void, the Defendants
shall have reserved all their rights to oppose any and all class certification motions, to contest the
adequacy of Plaintiffs as representatives of any putative class, and to contest the adequacy of
Class Counsel as adequate Class Counsel. Additionally, Plaintiffs have reserved all of their
rights, including their right to continue with the litigation pending at the time of the settlement.
Notice to Settlement Class and Av.pointment o(Settlement Administrator
9. Counsel for the Class ("Class Counsel") are as follows:
Elmer R. Keach, ill, Esquire LAW OFFICES OF ELMER ROBERT KEACH, ill, PC I040 Riverfront Center P.O. Box 70 Amsterdam, NY 12010 Telephone: (518) 434-1718 Facsimile: (518) 770-1558
Charles LaDuca, Esquire Alexandra Warren, Esquire CUNEO GILBERT & LADUCA, LLP 507 C Street NE Washington, DC 20002 Telephone: (202) 789-3960 Facsimile: (202) 789-1813
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Seth Lesser, Esquire Fran Rudich, Esquire 1HE LOCKS LAW FIRM 457 Haddenfield Rd., Suite 500 Cherry Hill, New Jersey 08002
William Riback, Esquire LAW OFFICES OF WILLIAM RIBACK 527 Cooper Street, 2•• Floor Camden, New Jersey 08102 10. Beginning no later than [insert date], 2007, Class Counsel shall cause to be disseminated the notices, substantially in the form attached as Exhibits A and B hereto, in the manner set forth in Paragraph IV of the Settlement Agreement. Such Notice Program will be completed expeditiously pursuant to the terms of the Settlement Agreement. Class members will have sixty (60) days from the Notice Date to opt out and one-hundred twenty (120) days from the Notice Date to file claims. Prior to the Final Approval Hearing, Plaintiffs and/or the Claims Administrator shall serve and file a sworn statement attesting to compliance with the
provisions of this paragraph. II. The notice to be provided as set forth in the Settlement Agreement is hereby found to be the best practicable means of providing notice under the circumstances and, when completed, shall constitute due and sufficient notice of the proposed settlement and the Final Approval Hearing to all persons and entities affected by and/or entitled to participate in the settlement, in full compliance with the notice requirements of Fed R. Civ. P. 23, due process, the Constitution of the United States, the laws of New Jersey and all other applicable laws. The Notices are accurate, objective, informative and provide Class members with all of the information necessary to make an informed decision regarding their participation in the Settlement and its
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fairness. 12. Class Counsel are authorized to retain The Garden City Group in accordance with the terms of the Settlement Agreement and this Order. Requests for Exclusion from the Settlement Class 13. Any member of the Settlement Class that wishes to be excluded ("opt out") from the Settlement Class must send a written Request for Exclusion to the Claims Administrator, so that it is received by the Claims Administrator at the address indicated in the Notice on or before the close of the opt out period. The Request for Exclusion shall fully comply with the requirements set forth in the Settlement Agreement. Members of the Settlement Class may not exclude themselves by filing Requests for Exclusion as a group or class, but must in each instance individually and personally execute a Request for Exclusion and timely transmit it to the Claims Administrator. 14. Any member of the Settlement Class who does not properly and timely request exclusion from the Settlement Class shall be bound by all the terms and provisions of the Settlement Agreement, whether or not such person objected to the Settlement and whether or not such person made a claim upon, or participated in, the Settlement Fund pursuant to the Settlement Agreement. The Final Approval Hearing 15. A hearing on fmal settlement approval (the "Final Approval Hearing") is hereby scheduled to be held before this Court on no later than one hundred fifty (!50) days from the Notice Date, to consider the fairness, the reasonableness, and adequacy of the proposed settlement, the dismissal with prejudice of this class action with respect to the Released Parties
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that are Defendants herein, and the entry of final judgment in this class action. Class Counsel's application for award of attorney's fees and costs shall be heard at the time of the fairness hearing. 16. The date and time of the Fairness Hearing shall be set forth in the Notice, but the Fairness Hearing shall be subject to adjournment by the Court without further notice to the members of the Settlement Class other than that which may be posted by the Court. Class Counsel will advise members of the settlement class of any scheduling issues by way of the settlement website. 17. Any person or entity that does not elect to be excluded from the Settlement Class may, but need not, enter an appearance through his or her own attorney. Settlement Class members who do not enter an appearance through their own attorneys will be represented by Class Counsel. 18. Any person who does not elect to be excluded from the Settlement Class may, but need not, submit comments or objections to the proposed Settlement. Any Class member may object to the proposed Settlement, entry of Final Order and Judgment approving the settlement, and Class Counsel's application for fees and expenses by serving a written objection. 19. Any Class member making the objection (an "objector") must sign the objection personally. An objection must state why the objector objects to the proposed Settlement and provide the basis to support such position. If an objector intends to appear personally at the Fairness Hearing, the objector must include with the objection a notice of the objector's intent to appear at the hearing. 20. Objections, along with any notices of intent to appear, must be filed no later than sixty
6

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(60) days from the Notice Date. If counsel is appearing on behalf of more than one Class
Member, counsel must identifY each such Class Member and each Class Member must have
complied with the requirements of this Order. These documents must be filed with the Clerk of
the Court at the following address:
Clerk of the Court U.S. District Court for the District ofNew Jersey Mitchell H. Cohen Building and United States Courthouse Fourth & Coopers Streets Camden, New Jersey 08101
21. Objections, along with any notices of intent to appear, must also be mailed to Class
Counsel and counsel for Defendant at the address listed below.
CLASS COUNSEL
Seth Lesser, Esquire TilE LOCKS LAW FIRM 457 Haddenfield Rd., Suite 500 Cherry Hill, New Jersey 08002
DEFENSE COUNSEL
Phil Voluck, Esquire Jeffery Meyer, Esquire KAUFMAN DOLOWICH & VOLUCK, LLP 135 Crossways Park Drive, Suite 201 Woodbury, New York 11797
22. Only Class Members who have filed and served valid and timely notices of objection
shall be entitled to be heard at the Fairness Hearing. Any Class Member who does not timely
file and serve an objection in writing to the Settlement, entry of Final Judgment, or to Class
Counsel's application for fees, costs, and expenses, in accordance with the procedure set forth in
the Class Notice and mandated in this Order, shall be deemed to have waived any such objection

7

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by appeal, collateral attack, or otherwise. 23. Persons wishing to be heard at the Fairness Hearing are required to file written comments or objections and indicate in their written comments or objections their intention to appear at the Fairness Hearing. Settlement Class members need not appear at the hearing or take any other action to indicate their approval. 24. All members of the Settlement Class who do not personally and timely request to be excluded from the Class are enjoined from proceeding against the Defendants for the claims made in the Complaint. Other Provisions 25. Upon approval of the settlement provided for in this Settlement Agreement, each and every time period and provision thereof shall be deemed incorporated herein as if expressly set forth and shall have the full force and effect of an Order of this Court. 26. All reasonable costs incurred in notifying members of the Settlement Class, as well as administering the Settlement Agreement, shall be paid as set forth in the Settlement Agreement. IT IS SO ORDERED. Dated:

Hon. Joeseph H. Rodriguez United States District Judge

8

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Legal Notice United States District Conrt for the District of New Jersey
NOTICE OF PROPOSED SETTLEMENT AND HEARING
If You Entered the Camden County Correction Facility from April 8, 2003 to April 27, 2005 And Were Strip Searched, Then Your Rights Could Be Affected By A Proposed Class Action Settlement.
The United States District Court for the District ofNew Jersey authorized this notice. It is not from a lawyer. You are not being sued.
This is a proposed settlement of a class action lawsuit alleging that corrections officers employed at the Camden County Correctional Facility engaged in the practice of illegally strip searching all individuals charged with non-indictable or minor offenses upon their entry into the Camden County Correctional Facility from April 8, 2003 until April 27, 2005. The proposed settlement does not include individuals who were charged with indictable offenses at the time of their admission to the Camden County Correctional Facility, or who were not strip searched when they entered the Correctional Facility. The Proposed Settlement also addresses the alleged practice of Camden County in unlawfully detaining many members of the settlement class after they posted bail in the City of Camden.
One benefit of the settlement to class members is that each class member will be entitled to an equal share of a $7.5 million settlement fund, after payment of administrative costs, incentive awards to the representative plaintiffs, and attorneys' fees.
Visit the Settlement website at www.camdencountystripsearch.com for additional details about the settlement. You may also get additional information by calling 1-800-7418907 or by writing to Hicks v. County of Camden Settlement Administrator, P.O. Box 9181, Dublin, OH 43017-4181.
Your legal rights are affected whether you act or don't act. Read this notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

Submit a Claim Form

You must submit a Claim Form to receive payment under the settlement. You must submit a Claim
Form by [insert date] to get any money.

Exclude Yourself

If you exclude yourself from the settlement, you will not be bound by the Settlement or judgment and will not be entitled to a cash payment. You will be free to pursue your claims against the Defendants. This is the only option that allows you to bring or be part of any other lawsuit against the

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Object
Go to a Hearing Do Nothing

Defendants in this case about the same legal claims that are advanced in this case. You must exclude yourselffrom the Settlement by [Insert Date].
If you do not exclude yourself, you may write to the Court about why you do not like the Settlement or the request for legal fees and costs. You must send a written objection to the Court postmarked no later than [Insert Date].
You may ask to speak in Court about the fairness of the settlement or the request for fees and costs.
You get !!Q payment. You give up your right to sue Defendants on these claims later.

These rights and options - and the deadlines to exercise them - are explained in this notice.

The Court in charge of this case still must decide whether to give final approval to the Settlement. Likewise, payments to class members will be distributed only if the Court grants final approval of the Settlement and after any appeals are resolved.

I. WHY DID I GET THIS NOTICE PACKAGE?
You or someone in your family may have been admitted to the Camden County Correctional Facility on a non-indictable offense, disorderly persons offense, warrant for failure to appear, warrant for failure to pay a fine, traffic violation, violation of probation or parole, or on a family or civil court warrant from April 8, 2003 to April 27, 2005 and been subject to a strip
search.

The Court sent you this notice because you have the right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court approves it and after objections and appeals are resolved, an administrator appointed by the Court will make the monetary payments that the settlement allows. You will be informed of the progress of the settlement. You should understand that the
process of Court approval may take a good deal of time.

This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them and how to get them.

The Court in charge of this case is the United States District Court for the District of New Jersey, Camden Vicinage, United States District Judge Joseph Rodriguez presiding. The case is called Hicks v. County of Camden, Index No. 05-CV-1857 (JHR). The people who sued are called Plaintiffs, and the municipality and municipal officials they sued, the County of Camden,
its correctional employees and elected officials, are called the Defendants.

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II. WHAT IS THIS LAWSUIT ABOUT?
Plaintiffs claim in this lawsuit that the County of Camden illegally strip searched individuals admitted to the Camden County Correctional Facility who were charged with nonindictable crimes or other minor offenses. in violation of the unreasonable search provisions of the United States Constitution. Defendants deny that they did anything wrong, and contend that even if they did do anything wrong, Plaintiffs are not entitled to any money as a result of being searched.
III.WHY IS THIS A CLASS ACTION?
In a class action, one or more people, called Class Representatives (in this case Laverne Hicks and Michael Velez) sue on behalf of all people who have similar claims. All of these people are a Class or Class Members. A class action resolves the issues for all Class Members, except for those who exclude themselves from the Class. United States District Judge Joseph H. Rodriguez is in charge of this class action.
IV. WHY IS THERE A SETTLEMENT?
The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the costs and risks of a trial, and the people affected will get compensation. The Class Representatives and their attorneys think the settlement is best for everyone who are alleged to have been illegally strip searched.
V. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?
Judge Rodriguez decided that everyone who fits this description is a Class Member: All persons who were admitted into the Camden County Correctional Facility during the period April 8, 2003, through and including April 27, 2005, after being charged with non-indictable offenses, disorderly persons offenses, violations, traffic infractions, violations of probation or parole, held on civil matters or other non-indictable occurrences, and were strip searched upon their entry into the Correctional Facility in the absence of reasonable suspicion. Specifically excluded from the class are Defendants and any and all of their respective affiliates, legal representatives, heirs, successors, employees or assignees.
Additionally, Judge Rodriguez decided to certify a portion of the individuals detailed above as a sub-class. Specifically, Judge Rodriguez decided that everyone who fits this description is a member of the Sub-Class: All persons who posted bail on non-indictable or other minor offenses during the period of April 8, 2003 through and including April 27, 2005 at the Camden County Satellite Unit, located at the Camden City Police Department, and who were detained by Camden County for over twelve hours after the bail was posted.

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The Settlement does not cover individuals charged with indictable offenses at the time of their entry into the Camden County Correctional Facility, anyone who entered the Correctional Facility after being convicted of (as compared to only being charged with) a crime, or anyone who entered the Correctional Facility but was not strip searched as part of the Correctional Facility's booking procedure.
VI. DO I NEED TO PROVE THAT I WAS STRIP-SEARCHED, AND WHAT DOES THAT MEAN?
No, you do not need to prove that you were subjected to such a search. In filling out the Claim Form, you will affirm, under penalty of perjury, that you were strip searched, and Defendants will accept this affirmation. Provided that your name is detailed in booking records maintained by Camden County, your affirmation will entitle you to payment. If your name is not contained in Camden County's records, you may be asked to provide additional documentation before being allowed to participate in the settlement.
A strip search occurred when you were ordered to take off some or all of your clothes by a Camden County employee, with that employee watching you undress. Some members of the Class may also have been forced to bend at the waist or manipulate body parts to allow for a visual inspection. If you were searched in this manner when you were booked into the facility, you are a member of the class and entitled to make a claim. You will need to provide an affirmation on the Claim Form confirming that one of these searches was conducted on you when you entered the Camden County Correctional Facility.
VII. HOW DO I KNOW WHETHER THE PRE-ADJUDICATED CRIME FOR WHICH I WAS CHARGED UPON ADMISSION TO THE CAMDEN COUNTY CORRECTIONAL FACILITY QUALIFIES ME FOR INCLUSION IN THE CLASS?
You must have been brought to the Camden County Correctional Facility before a judge has sentenced you (pre-adjudication) to be eligible to recover, and the charges must have been non-indictable offenses. Everyone brought to the Camden County Correctional Facility preadjudication on non-indictable offenses and was strip searched is eligible under this settlement agreement.
Stated another way, persons who were charged with "indictable offenses" as defined under the New Jersey Code when they were admitted to the Camden County Correctional Facility cannot recover. New Jersey defines an indictable offense as an offense which authorizes in excess of six months jail time if convicted. Indictable offenses are usually handled by a Superior Court Judge, and require indictment by a grand jury. Murder, burglary and rape are examples of indictable offenses. Anyone charged with an indictable offense upon admission to the Camden County Correctional Facility, even if they were also charged with non-indictable offenses at the same time, is not a member of the class unless they were, on another occasion, admitted to the Camden County Correctional Facility solely on non-indictable or violation charges.

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Examples of "non-indictable offenses" are disorderly persons offenses, traffic offenses, and child support warrants. Disorderly persons offenses are non-indictable offenses and are, at most, subject to incarceration in a local Correctional Facility. Non-Indictable offenses are handled by a Municipal Court or City, Town or Village Court judge, and do not require indictment. Shoplifting less than $200.00, Disorderly conduct, and Loitering are examples of charges which are non-indictable offenses, and fall within the class definition. Anyone charged with such a non-indictable offense and upon admission to the Camden County Correctional Facility was strip searched is a member of the Class.
The settlement further allows for individuals to make claims if they were admitted to the Camden County Correctional Facility for violating the terms of their probation or parole, or if they were subject to a civil commitment. Parole is only assessed if an individual has served time in state prison. If the individual was charged solely with violating parole or probation (for instance, not honoring their conditions of supervision or violating curfew), they are considered to be a member of the class. If an individual is charged with violating probation or parole and is at the same time charged with an indictable offense, they are not a member of the class. A civil commitment is an order from a non-criminal court, usually the Family Court, committing that individual to the Camden County Correctional Facility. Individuals admitted to the Camden County Correctional Facility on a civil commitment, for example, a commitment for failure to pay child support, are members of the Class.
Finally, if a person was arrested and brought to the Camden County Correctional Facility under traffic offenses or traffic warrants, failing to pay fines and contempt, pre-adjudication, you are eligible under this settlement agreement. Consequently, if you failed to honor a payment order with a municipal court, and were arrested, or failed to appear for a municipal court date and arrested, brought to the Camden County Correctional Facility and strip searched, you are eligible to receive a settlement payment.
VIII. HOW DO I KNOW WHETHER OR NOT I QUALIFY AS A MEMBER OF THE SUB-CLASS OF INDIVIDUALS WHO WERE WRONGFULLY DETAINED BY CAMDEN COUNTY.
Just prior to April 2004, Camden County took over detaining individuals who were arrested by the City of Camden Police Department. The Camden County Satellite Unit, which comprised the former holding cells of the Camden PD, was administered by Camden County Corrections Officers. Individuals arrested by the Camden PD would be turned over to the custody of the Satellite Unit shortly after their arrest.
Many individuals would post bail shortly after their arrest, but would continue to be detained by Camden County and later transported to the Camden County Correctional Facility. Detainees were often then held at the Camden County Correctional Facility for several hours until they were reviewed for outstanding warrants. The sub-class certified by Judge Rodriguez addresses individuals arrested for non-indictable or other minor offenses who were then held for

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twelve hours after posting after posting bail. If you, or someone on your behalf, posted bail at either the Camden County Satellite Unit, the Camden County Clerk's Office, or the Camden County Correctional Facility, and you were then held for twelve hours or more after posting bail, you are eligible to receive an additional payment under the settlement. You can mark the appropriate box on the claim form to confirm that you were held for more than twelve hours, and also claim your eligibility for the additional payment. Class Counsel will then verify that you are eligible to receive this additional payment.
IX. I WAS ADMITTED TO THE CAMDEN COUNTY CORRECTIONAL FACILITY BUT I CAN'T REMEMBER WHAT MY CRIMINAL CHARGES WERE. HOW CAN I FIND THIS OUT, AND HOW DO I KNOW IF THE CHARGE WAS A NONINDICTABLE OFFENSE?
There are several ways for potential class members to determine the nature of their criminal charges. First, you can review your charging documents, which should reflect both your actual charges and whether the charges were non-indictable offenses. If you do not have your charging document and remember the local court where you were prosecuted, the court clerk will be able to help you find these documents.
If you need additional help determining whether you are a class member, or of you have other questions, you can contact the Settlement Administrator at 1-800-741-8907.
You can still make a claim if you do not remember your criminal charges if you believe you are a member of the Class, but you may be asked for additional information.
X. I PLED GUILTY TO A CRIME. HOW DOES THIS AFFECT BY RIGHT TO PARTICIPATE IN THE SETTLEMENT?
If you were admitted to the Camden County Correctional Facility solely on nonindictable or other minor charges, as defined above, you can participate in the settlement regardless of how you resolved your criminal charges, including if you pled guilty to those charges, provided that you were admitted to the Correctional Facility before being sentenced by a court. For most class members, this would mean that they were committed to the Camden County Correctional Facility after they were arraigned before a Judge. If you were sentenced before admission to the Correctional Facility, meaning you were committed after pleading guilty or being convicted at trial, you are not a class member.
XI. WHAT IF I WAS ADMITTED TO THE CAMDEN COUNTY CORRECTIONAL FACILITY ON MORE THAN ONE OCCASION? CAN I STILL PARTICIPATE IN THE SETTLEMENT?
Yes. Individuals who were admitted to the Camden County Correctional Facility on more than one occasion during the class period can be members of the class and can recover

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money. They can only recover one payment, however, meaning that you will not be provided with extra payments if you were admitted to the Camden County Correctional Facility more than one time.

XII. I AM STILL NOT SURE IF I AM INCLUDED.
If you are still not sure if you are included, you can ask for help. You can call 1-800741-8907 and the settlement administrator or class counsel may help answer your questions. For more information, you can also visit the website, www.camdencountystripsearch.com, or you can just fill out the Claim Form and return it to the Settlement Administrator to see if you qualify.
THE SETTLEMENT BENEFITS- WHAT YOU GET
XIII. WHAT DOES THE SETTLEMENT PROVIDE?
Defendants have agreed to pay $7,500,000 to resolve this litigation. That money will be used to: l) compensate Class Members who have been illegally strip searched; 2) pay for notifYing Class Members and administering the settlement; 3) pay incentive awards to the named Plaintiffs, Laverne Hicks and Michael Velez; and 4) pay attorneys' fees and expenses. A complete description of the settlement is provided in the Settlement Agreement. You can get a copy of the Settlement Agreement by visiting www.camdencountystripsearch.com or by calling 1-800-741-8907.
XIV. WHAT CAN I GET FROM THE SETTLEMENT?
The settlement provides that all class members who make claims will receive an equal share of $7,500,000, minus the costs of notice and administration, an incentive award for the named Plaintiffs, attorneys' fees, and expenses. Class counsel anticipates, based on claims rates from other settlements, that all individuals who make a claim on the settlement will receive between $750.00 and $1,250.00 as a settlement payment. These amounts are dependent on how many claims are received by the Claims Administrator during the claims period, and are subject to change based the number of claims received. No amount is guaranteed.
HOW YOU GET A PAYMENT- SUBMITTING A CLAIM FORM
XV. HOW CAN I GET A PAYMENT?
To qualify for a payment, you MUST send in a Claim Form. A claim form is attached to

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this Notice.

You can also get a claim form on the Internet at

www.camdencountystripsearch.com. Read the instructions carefully, fill out the form, sign it,

and mail it postmarked no later than [insert date].

You may be asked for additional documents, and will be contacted in writing. You may want to send in your claim form by Certified Mail, Return Receipt Requested, to ensure that it is received by the Settlement Administrator.

XVI. WHEN WOULD I GET MY PAYMENT?

The court will hold a hearing on [insert date] to decide whether to approve the settlement. If Judge Rodriguez approves the settlement, there may be appeals. It is always uncertain whether those appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who sends in a claim form will be informed of the progress of the settlement. Please be patient.

XVII. WHAT AM I GIVING UP TO GET A PAYMENT OR STAY IN THE CLASS?

Unless you exclude yourself, you are staying in the Class, and that means you can't sue, continue to sue, or be part of any other lawsuit against Camden County, its employees, or its elected officials about the legal issues in this case. It also means that all the Court's orders will apply to you and legally bind you. If you sign the claim form, you will agree to release all claims that you have relating to having been strip searched.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want a payment from this settlement, but you want to keep the right to sue or continue to sue Camden County on your own about the legal issues in this case, then you must take steps to preserve these rights. This is called excluding yourself- or is sometimes referred to as "opting out" of the Settlement Class.

XVIII. HOW DO I GET OUT OF THE SETTLEMENT?

To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Hicks v. County ofCamden. Be sure to include your name, address, telephone number and your signature. You must mail your exclusion request postmarked no later than [insert date] to Hicks v. County of Camden, c/o The Garden City Group, Inc., P.O. Box 9181, Dublin, OH 43017-4181.

You can't exclude yourself on the phone or by email. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Camden

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County in the future. XIX. IF I DO NOT EXCLUDE MYSELF, CAN I SUE CAMDEN COUNTY FOR
THE SAME TIDNG LATER?
clalawimsusittNhimoat.mthUeidsnilaseteestsltyley.mouYenoetuxicnmlvuoudlsevteyesox.ucrIlsufedylefo,uyyohouaurvsegeilavfepfreuonpmdtihnteghisrlaigwchlsatustsiot,asscupteieoanCkattomo dcyeoonnutriCnloauuwenyyteyorufironrothwthanet lawsuit. Remember, the exclusion deadline is (insert date]. XX. IF I EXCLUDE MYSELF, CAN I GET MONEY FROM THE SETTLEMENT? sue, conNtion.ueIftoyosuuee,xocrlubdeepyaorturosfealf,didfofenreont tselanwdsiunitaacglaaiinmstfoCrammtdoenasCkofuonr tmy.oney. But, you may
THE LAWYERS AND INDIVIDUALS REPRESENTING YOU
XXI. DO I HAVE A LAWYER IN THIS CASE? WWcAamilallslesihtdaeimnrCdTglathRaomesinsb,,CaCNcoDokeuiu,wrsnttErsYaisecpqlot.purrikoorY,efvo,teouCdCorwatelmhuiplemlrdeenSbsnoieea,ttn,hNtbeayRenow.cduhLaJateerhnsgresdseeedryoL,ftoaohwCfrerhthLaOCerollfscaefekisscssleLasMwLadayeowuemfcrsbaFE.eilorrmIsmff.eC,yrTouCunRohegeowoerb,rtaehynGrettHri,tloKibltehleb,reaetNcl&rhaee,wwpLrIyeIaJeIseD,rersunsPeactCeyrade,,, by your own lawyer, you may hire one at your own expense. XXII. HOW WILL THE LAWYERS AND THE CLASS REPRESENTATIVES BE PAID? M$tafhu7wein,ca5dshr0eda0btet,eflCl0ofe0orVlma0rteseehsslneeeptCztatr.folyeueuimnmTmndehsebneenwutltrsiS,swlleaeaitnmrbltedlleeeampnmpsatakaeyiodndmtfehtteeeAotnxoCgtpcsrleCoaenouslesafrsme$tsscs1ef.oo5nMur,tT0neaph0smtree0toolsb.ver0aein0srdaesemayf.sonsor'tTuahCfwhnaelteteaassrtscwdwsaoeniRsolntdlfestpbyaeoret-xetsfopsedareevendnnedemstnuayecitssanit'veniasefddsetseefaoLrsrnio,panemtveg-orehgctrtahehenlneetefhtapeHssgeereittercwttcklloeeeistnmmfhatteenhaonndenftt will also be deducted from the settlement fund.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not agree with the settlement or some part of it.

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XXIII. HOW DO I TELL THE COURT THAT I DO NOT LIKE THE SETTLEMENT? ciorteo.fanCssYoaidnmoesuIdrfewycnyaoh.onuyurBgyavieoriveeueswauoosrCb.ebjjleteTaoccsottsiinootMocbnljseutemhdcwitebs,heyyysrooe, ytuuytorloemuunmuatcesmhantinents.,keonabtMddhjdeeaacrietllCsetsttoot,hueettrrhetseloeasbpshyjehoientocutgltnleideotmhnnnaeoutntotmtyaoibtfpuhepyero,rosobeuyvjoetdehcuotrrinett.soe'tigHdlTniikihafceftekuesarrCenevn,yo. tuaCprnpatodlruawtctnhoietleyslf postmarked no later than [insert date).

COURT
Clerk of the Court U.S. District Court for the District of New Jersey Mitchell H. Cohen Building and U.S. Courthouse Fourth and Cooper Streets, Room 1050
Camden, NJ 08101

CLASS COUNSEL Seth Lesser, Esquire The Locks Law Firm 457 Haddonfield Road, Suite 500 Cherry Hill, NJ 08002

DEFENSE COUNSEL
Philip Voluck, Esquire Kaufman Dolowich & Voluck, LLP 135 Crossways Park Drive Woodbury, NY 11797

XXIV. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING MYSELF?

Objecting is simply telling
You can object only if you stay in not want to be a part of the class.

the the

Court that you do Class. Excluding

not like something about the yourself is telling the Court

settlement. that you do

If you exclude yourself, you have no basis to object because

the case no longer legally affects you.

THE COURT'S FAIRNESS HEARING

The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you do not have to do so.

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XXV. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
On [insert date] the United States District Court for the District of Jersey will hold a fairness hearing in the Mitchell H. Cohen Building and U.S. Courthouse, Fourth & Cooper Streets, Camden, NJ 08101 in Courtroom [insert courtroom] to determine whether the Class was properly certified and whether the proposed Settlement is fair, adequate, and reasonable. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. This hearing may be continued or rescheduled by the Court without further notice. We do not know how long it will take the Court to give its decision.
XXVI. DO I HAVE TO COME TO THE HEARING?
No. Class Counsel will answer questions Judge Rodriguez may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not required.
XXVII. MAY I SPEAK AT THE HEARING?
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your "Notice of Intention to Appear in Hicks v. County of Camden.." Be sure to include your name, address, telephone number and your signature. Your Notice of Intention to Appear must be postmarked no later than [insert date] and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses in question XXIII. You cannot speak at this hearing if you excluded yourself.
IF YOU DO NOTHING
XXVIII. WHAT HAPPENS IF I DO NOTHING AT ALL?
If you do nothing, you will get no money from the settlement. But, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Camden County about the legal issues in this case, ever again. Unless you exclude yourself, you need to file a claim to receive a monetary payment under the settlement.
GETTING MORE INFORMATION
XXIX. ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?

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This Notice summarizes the proposed settlement. More details are in a Settlement Agreement. You can get a copy of the Settlement Agreement by writing to the Settlement Administrator at Hicks v. County of Camden Settlement Administrator, P.O. Box 9181, Dublin, OH 43017-4181 or by visiting www.camdencountystripsearch.com.
XXX. HOW DO I GET MORE INFORMATION?
You can ca111-800-741-8907, write to the Settlement Administrator at Hicks v. County of Camden Settlement Administator, P.O. Box 9181, Dublin, OH 43017-4181, or visit the website at www.camdencountystripsearch.com, where you will find answers to common questions about the settlement, a claim form, plus other information to help you determine whether you are a Class Member and whether you are eligible for payment.

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EXHIBITB

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COURT ORDERED LEGAL NOTICE
If you were admitted into the Camden County Correctional Facility between April 8, 2003 and April 27, 2005 and were strip searched, you could get a payment from a class action settlement.

A settlement has been proposed in a class action lawsuit about the strip search policies and practices of the Camden County Correctional Facility ("CCCF"). If you meet the criteria explained below, you can share in this settlement. The settlement also provides additional payments for individuals arrested in the City of Camden, New Jersey, on minor charges and detained by the Camden County Department of Corrections for more than twelve hours. The United States District Court for the District of New Jersey authorized this notice. The Court will have a hearing to decide whether to approve the settlement so that the benefits may be paid.

Who's Included?
You are a Class Member and could get benefits if (1) you were admitted into the CCCF from April 8, 2003 through April 27, 2005, (2) you were charged with a non-indictable offense, disorderly persons offense, traffic violation, violation of probation or parole, or held on a civil matter, and (3) you were strip searched upon entry into the Correctional Facility in the absence of reasonable suspicion. Individuals charged with these minor crimes are also entitled to an additional payment if they were detained for over twelve hours after posting bail at the Camden Police Department.

What's This About?

The lawsuit claimed that Defendant Camden County and its Corrections Officers had an

unlawful practice of strip searching everyone who was admitted into the Camden County

Correctional Facility. The lawsuit also claimed that Camden County was unlawfully detaining

individuals who posted bail after they were arrested in the City of Camden. Defendants deny

they did anything wrong. to the settlement to ensure

The Court did not a resolution and to

decide which side provide benefits to

was right, the people

but both sides agreed who were affected.

What Does the Settlement Provide?
Defendants agreed to pay a total of $7,500,000 to pay the claims of the class members, and also to pay the administrative costs of the settlement, incentive awards to the named plaintiffs, and attorneys' fees and expenses. Each Class Member who makes a claim will receive an equal share of the portion of the settlement fund allocated to pay claims to Class Members, which, after

Case 1:05-cv-01857-JHR-JS Document 52-7 Filed 09/05/2007 Page 29 of 38
dtcsotelradibipumecsstai,epnaopgrnrctohhaxeneidmeoqmtahuteoealrrlyecbo2aths4stia,ss0n,0sfe0ootnrCfcoaelnra.tyshsoTanMbheoeedvmeSetb,eaetwitrnlsiee.ldlmbfeeYonrtoaopuavplcseroaornxtpwiomreonalvlvtyieedlmyehsoa$uka4ren,s9o0aanf0dte,de0ric0tlip0aoo.inmsatl,iTneh$gve1ber0ena0ia,li0rfie0ny0botheutleoiweCvpeieartdyye of Camden.
How Do You Ask For A Payment?
Af8o9r0da7etpaoairlyevmdiseNint ott,htiyecoesueatmntldeumsCtelsaneitnmwdeFibnosraimteC,plwaaicwmkwaFg.oceramcmo.dneCtanlicanoismuenvtfyoesrrtymrtihpsisnaegraerycdohuu.ceonbmeey,d[.tionJsgueesrtttocdnaaeltl.e1]T,-8o200q00u-7a7.l4if1y-
What Are Your Other Options?
Ie2dbmfx0roaip0ynnyl7o'gat.uionwabewIjasdfenea,cyptntaoattntuorodatotebiertxeescbtchullayauersrngde[eaeiinaltligsyynaeoacriubtcnthroossedurtedanltsfitdhne,eet]gbytldyo2teoeum0tf0hieect7ensna.dtnds,aie'Tntratehttlgslclee,etmiytdioofeaenutnnysa.ytoi,nluebeydeewoIdnfunaeyontfmoottiiutcustodesd.fo,toroaenIivmxsf'atcyilwoltuoahbadubitnsealetsisnyttaebhoytyeautlriescCnsmeaeltltlatelhfliinenembtmg,yseebFont[urotitlntrvebmsymieeso,nrieuttenainfstcdi,gtoasjyuuttohoelsdu]ert website below, explains how to exclude yourself or object. T(lWAYC1aJh-Hwmaoi8emluRy0lsciet0d)maeor)-emrsu7andory4atrnCA1meaw-.ops8[,kuiriR9lnNenl0tsistoYbhe7yeano,r;aSctltpvaidktnprnid,isgaedpaiCatthrCSaeaetl]aemuhla,tanerdrittCecnoheoshlgneea,c,tsShiGotsNnleeneiatlestmtMrbhliwiedeeniemserngmtJrt,cee&banbwrwssetuehereLAtsyeba(y;tdsHdho(imuTTteiueccrihhknadeewts,iooswWLntvLr.a'aawotapwtCchos.pkcoharrasO,uvionmnPevfgLfte.dtytOioaocet.weonnhBs,cefFooCDFooxusiaCfrernXmmtm)tEty,dl,lfoesmeCotmrnCrreiei,tephyrainCsnte,tRterfSoaraooasrytrranenbcmteedheHNyar.,tctioas0lio'.loK0,mrfn0eee0,N,q0ae5cc0useo-ah.eCwral,slnVtwtIdoJI-brIelyci,l1rtose8fPestr5hCteyts7eoe;,.

Case 1:05-cv-01857-JHR-JS Document 52-7 Filed 09/05/2007 Page 30 of 38 EXHIBITE
LAW OFFICES OF ELMEH HOI::lEET KEACH, III
A PROFESSIONAL CORPORATION 1040 RIVJ:::Hl'RONT CENTEH • 1-'.0.l-\OX 70 • AMSTEHDAH, NY 12010
TELEPHONE 518-434-1718 • TELECOPIER 5I0-770-155fl ELECTRONIC MAIL: hoi lkt'n<"ltG•'I~r·n<"l t I<I\\ fi r·rn.{"Olll

- Case 1:05-cv-01857-JHR-JS

Document 52-7

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Page 31 of 38

COURT ORDERED LEGAL NOTICE
If you were admitted into the Camden County Correctional Facility between April 8, 2003 and April 27, 2005 and were strip searched, you could get a payment from a class action settlement.

A settlement has been proposed in a class action lawsuit about the strip search policies and practices of the Camden County Correctional Facility ("CCCF"). If you meet the criteria explained below, you can share in this settlement. The settlement also provides additional payments for individuals arrested in the City of Camden, New Jersey, on minor charges and detained by the Camden County Department of Corrections for more than twelve hours.
The United States District Court for the District of New Jersey authorized this notice. The Court will have a hearing to decide whether to approve the settlement so that the benefits may be paid.
Who's Included?
You are a Class Member and could get benefits if (1) you were admitted into the CCCF from April 8, 2003 through April 27, 2005, (2) you were charged with a non-indictable offense, disorderly persons offense, traffic violation, violation of probation or parole, or held on a civil matter, and (3) you were strip searched upon entry into the Correctional Facility in the absence of reasonable suspicion. Individuals charged with these minor crimes are also entitled to an additional payment if they were detained for over twelve hours after posting bail at the Camden Police Department.
What's This About?
The lawsuit claimed that Defendant Camden County and its Corrections Officers had an unlawful practice of strip searching everyone who was admitted into the Camden County Correctional Facility. The lawsuit also claimed that Camden County was unlawfully detaining individuals who posted bail after they were arrested in the City of Camden. Defendants deny they did anything wrong. The Court did not decide which side was right, but both sides agreed to the settlement to ensure a resolution and to provide benefits to the people who were affected.
What Does the Settlement Provide?
Defendants agreed to pay a total of $7,500,000 to pay the claims of the class members, and also to pay the administrative costs of the settlement, incentive awards to the named plaintiffs, and attorneys' fees and expenses. Each Class Member who makes a claim will receive an equal share of the portion of the settlement fund allocated to pay claims to Class Members, which, after

Case 1:05-cv-01857-JHR-JS Document 52-7

- Filed 09/05/2007

Page 32 of 38

deducting the other costs set forth above, will be approximately $4,900,000. There are believed to be approximately 24,000 Class Members. You can only make one claim, even if you were strip searched more than once. The Settlement also provides an additional $100,000 to pay claims, on an equal basis, for anyone detained for over twelve hours after posting bail in the City of Camden.
How Do You Ask For A Payment?
A detailed Notice and Claim Form package contains everything you need. Just calll-800-7418907 or visit the settlement website, www.camdencountystripsearch.com, to get one. To qualify for a payment, you must send in a Claim Form. Claim forms are due by [insert date], 2007.
What Are Your Other Options?
If you want to share in the settlement, all you need to do is obtain a Claim Form, as just explained, and return it according to its directions. If you don't want the settlement benefits or don't want to be legally bound by the settlement, you must exclude yourself by [insert date] 2007. If you exclude yourself, you can't get any benefits from this settlement, but you could bring a separate case against the defendants, if you want to. If you stay in the settlement, you may object to it by [insert date] 2007. The detailed notice, available by calling or visiting the website below, explains how to exclude yourself or object. The court will hold a hearing in this case (Hicks v. County of Camden, Case No. 05-CV- 1857 (JHR)) on [insert date], to consider whether to approve the settlement and a request by the lawyers representing all Class Members (The Locks Law Firm, Cherry Hill, New Jersey; William A. Riback, Camden, New Jersey; The Law Offices of Elmer Robert Keach, Ill, PC, Amsterdam, NY; and Cuneo, Gilbert & Laduca, Washington, DC) for attorneys' fees and costs. You may ask to appear at the hearing, but you don't have to. For more information, call toll free 1-800-741-8907, visit the settlement website www.camdencountystripsearch.com, or write to Camden County Strip Search Settlement Administrator, P.O Box X, City, State, 00000.

- Case 1:05-cv-01857-JHR-JS

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EXHIBITF

LAW OFFICES OF ELMER HOBERT KEACH, III
A PROFESSIONAL CORPOHATION 1040 RIVERFRONT CENTER • P. 0. 1::30X 70 • AMSTEHDAM, NY 12010
TELEl'HONF. f>lA-434-1718 • TELECOl'IEH 518-770-1558
ELECTRONIC MAIL ltold,t·a('IJ(<ilk(•H("ItlH\\ fi r·nJ.('(Jtn

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

LAVERNE HICKS and MICHAEL VELEZ, on behalf of themselves and a class of others similarly situated,
Plaintiffs, v.
THE COUNTY OF CAMDEN, et. al.,
Defendants.

No. 05-CV-1857 (JHR)

PLAN OF DISTRIBUTION Defendants County of Camden, Eric Taylor, James Simon, Anthony Pizarro, Frank Loberto, Michael McLaughlin, Joseph Wolf, Joseph Dougherty, and Arthur Mickles (the "Defendants") have agreed to settle this class action by, among other things, paying $7.5 million into a Settlement Fund for the benefit of class members and named plaintiffs in this litigation. Subject to Court approval, Class Counsel intend to distribute the Settlement Fund as set forth below. As more fully set forth in the Settlement Agreement and the Class Notices, class members have the right to submit to the Court objections for its consideration to the Settlement and/or this Plan of Distribution. Attorneys' Fees, Costs. Administrative Exoenses and Incentive Awards Pursuant to the Settlement Agreement and applicable law, Class Counsel intend to seek from the Settlement Fund reimbursement for the costs advanced in the prosecution of this litigation and an award of attorney's fees. Plaintiffs' counsel will apply to the Court for an award of costs and attorney's fees of no more than twenty-seven and one

LAW OFFICES OF ELMER ROI3ERT KEACH, III

A PROFESSIONAL CORI'OIIAIION

I

1040 HIYEHFHON r C.t::N rEH • P.O. HOX 70 • ANSTERDAJI-1, NY 12010

TELEPHONE 518-434-1718 • TELECOPIEH 518-770-1558

ELECTRONIC MAIL: holJIH'<l('l\(ill],.{'1l('lll H\\ fi rlli.("OIIl

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half percent (27.5 %) of the settlement fund, or $2,062,500.00, and pre-settlement litigation expenses of $27,500.00. Additionally, Class Counsel proposes to allocate up to $30,000 of the settlement fund to pay incentive awards to class representatives Laverne Hicks ($15,000) and Michael Velez ($15,000), who Class Counsel maintain provided substantial assistance to them during the prosecution of this litigation. Deducting for estimated administrative expenses of$ 315,000.00 and for attorney's fees, costs and incentive awards, class counsel estimates that there will be approximately $ 4,965,000.00 in the settlement fund for distribution to class members and $100,000 for distribution to members of the subclass. Distribution to Class Members
Class Counsel proposes that approximately $4.97 million of the settlement fund be allocated to pay claims by class members who were illegally strip searched. Each class member who files a valid claim will receive their pro rata share of the settlement fund when the fund is distributed after final approval. Based on data received from Camden County, Class Counsel estimates the class size here to be 24,000 individuals. Individuals who were admitted to the Camden County Correctional Facility on more than one occasion will only be allowed to file one claim against the settlement fund. When considering the claims rates achieved in similar settlements, Class Counsel estimates that each member of the settlement class that files a claim will receive between $750 and $1,250 as a settlement payment. Distribution to Members of Wrongful Detainer Subclass
Class Counsel proposes that $100,000.00 from the settlement fund be allocated to pay claims by members of the subclass who were detained by Camden County for more

LAW OFFICES OF ELMEH HOl::lEHT KEACH, III

A PROFESSIONAL CORPORATIOK

2

1040 RIVERFRONT CENTER • P.O. tlOX 70 • AMSTERDAM, NY 12010

TELEPHONE 518-4:34-1718 • TELECOPIER 518-770-1558

ELECTHON IC MAIL: I Hrl>kt '\ll'lll!'llkl'lll'lliH\\·ri r·rn.c< 1rn

Case 1:05-cv-01857-JHR-JS Document 52-7

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than twelve hours after they posted bail. Each member of the sub-class who filed a valid claim, subject to verification by Class Counsel, will receive their pro rata share of these additional monies when they are distributed after final approval. This payment will be in addition to the payment that claimants receive as a member of the main class. Class Counsel estimates that there are I,000 members of the wrongful detainer subclass, and further estimate that each member of the subclass will receive an additional payment of $500.00 from the subclass monies. Court Approval
At the time of the final approval hearing, Class Counsel will detail to the Court the final distribution to be made to settlement claimants and the amount to be paid per claim. Subject to the Court's approval, all proceeds to class members will then be paid based on the final distribution amounts provided at the time of the final approval hearing.

Dated: August 16, 2007 Amsterdam, New York

Elmer Robert Keach III, squire LAW OFFICE OF EL ER ROBERT KEACH, III, PC I040 Riverfront Center Post Office Box 70 Amsterdam, NY 12010 Telephone: 518.434.1718 Telecopier: 518.770.1558 Electronic Mail: bobkeach@keachlawfirm.com
COUNSEL FOR PLAINTIFFS AND THE PROPOSED SETTLEMENT CLASS

LAW OFFICES OF ELMER ROBERT KEACH, III

A }'ROFESSIONAL CORPORATION

3

1040 RIVERFHONT CENTER • P. 0. BOX 70 • AMSTEHDAM, NY 12010

TELEl'HONE 518-4::::34-1718 • TEJ.ECOPIER 518-770-1558

ELECTRONIC MAIL: bohi,;('Ht·h(iill;;t'HclliH\\-ri r·nr.conr

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EXHIBITG

LAW OFFICES OF ELMEH HOBEHT KEACH, III
A PROFESSTONAL COHl'Ol<ATION 1040 RIVERFRONT CENT.EH • P.O. BOX 70 • AMSTERDAM, NY 12010
TELEPIIO"N"E 51A-434-17HJ • TELECOPIER 5tl::l-770-1558 ELECTRONIC MAIL: IJohkt'>H'hGbk( 'Hl' lllH\\ fi t"lll.l'otll

- Case 1:05-cv-01857-JHR-JS

Document 52-7

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Department of Corrections
,, useph Ripa
Eric M. Taylor
Wardrn

camd~• unty

Office ofthe Wardell
Correctional Facility 330 Fl!derolStreet

Making It Better, Together.

Olmdt'l1, Nr111 Jcm:y 08103 P/,otu; (65G)11S~l6J2 Frtx:($$6)964-3207
E·Mifil: lltaylot'@t'G. crmu/~ll.ltj.t<S

TO:

ALL ADMISSION'S STAFF

FROM:

CAPT. M. BURGESS #05

DATE:

27 APRlL 2005

SUBJECT:

STRIP· SEARCH

Any remand being admitted to this facility with only non· indictable charge (s), will not be strip-searched unless there is reasonable suspidon -of any contraband, drug or weapons.

• NON·INDIICTABLE If a remand with non-indictable charge (s) is strip searched, the Admissions supervisor rrwst be notified prior to the strip search and a report written after the strip search is completed. The report rrwst include the reason for the strip search and the outcome of said strip search. (See attached copy of general order 033 and 1OA:J 1-8.4) Any remands with a non-indictable charge (including Domestic Relation & F.I.U.) will be placed on a white board tag for non-indictable status.

• INDICTABLE Any remand with any indictable charges or sentence to state or county time will be placed on a pink tag for indictable

status.

This includes parole violators, probation violators, any warrants with a purge bail (VOP) ECT.

.

Any remands from Camden Booking will be subject to a strip search l!!l!xJ.( they have indictable charges or reasonable

suspicion

·

As per G.O 033 and/or lOA: 31-8.4.

Any remand with non-indictable charge (s) (white tag) will not be strip search prior to being escorted from the
Admissions Unit to the main facility.
Any questions, contact your immediate supervisor.

 
 Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 1 of 17
CLOSED, RULE16, SCHEDO
U.S. District Court District of New Jersey [LIVE] (Camden) CIVIL DOCKET FOR CASE #: 1:05−cv−01857−JHR−JS

HICKS et al v. COUNTY OF CAMDEN et al Assigned to: Judge Joseph H. Rodriguez Referred to: Magistrate Judge Joel Schneider Cause: 42:1983 Civil Rights Act Plaintiff LAVERNE HICKS and
Plaintiff MICHAEL VELEZ both individually and on behalf of a Class of others similarly situated

Date Filed: 04/08/2005 Date Terminated: 07/17/2007 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by SETH R. LESSER KLAFTER OLSEN &LESSER, LLP 2 International Place Suite 350 Rye Brook , NY 10573 914−934−9200 Email: slesser@klafterolsen.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM A. RIBACK WILLIAM RIBACK, LLC 132 HADDON AVENUE HADDONFIELD , NJ 08033 (856) 857−0008 Fax: (856) 857−0028 Email: ribacklaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
ELMER ROBERT KEACH , III 1040 RIVERFRONT CENTER PO BOX 70 AMSTERDAM , NY 12010 (518) 434−1718 Email: bobkeach@keachlawfirm.com ATTORNEY TO BE NOTICED
represented by SETH R. LESSER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
WILLIAM A. RIBACK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
ELMER ROBERT KEACH , III (See above for address) ATTORNEY TO BE NOTICED

V. Defendant COUNTY OF CAMDEN
Defendant

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 2 of 17

CAMDEN COUNTY CORRECTIONAL FACILITY

represented by RICHARD M. HOWARD MELTZER, LIPPE, GOLDSTEIN &BREITSTONE, LLP 190 WILLIS AVENUE MINEOLA , NY 11501 (516) 747−0300 Email: rmh@managementattorney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
ERIC TAYLOR both individually and in his official Camden County Warden of the Correctional Facility

represented by RICHARD M. HOWARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
James Simon both individually and in his official capacity as Deputy Warden of the Camden County Correctional Facility

represented by RICHARD M. HOWARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
ANTHONY PIZARRO both individually and in his official capacity as Deputy Warden of the Camden County Correctional Facility

represented by RICHARD M. HOWARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
FRANK LOBERTO both individually and in his official capacity as a Deputy Warden of the Camden County Correctional Facility

represented by RICHARD M. HOWARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
CAMDEN COUNTY SHERIFF'S DEPARTMENT

represented by RICHARD M. HOWARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

HOWARD S. WILSON OFFICE OF CAMDEN COUNTY COUNSEL CAMDEN COUNTY COURTHOUSE 520 MARKET STREET 14TH FLOOR CAMDEN , NJ 08102−1375 (856) 225−5443 Email: hwilson@camdencounty.com TERMINATED: 08/11/2005 ATTORNEY TO BE NOTICED

Defendant
MICHAEL MCLAUGHLIN both individually and in his official capacity as Sheriff of the County of Camden

represented by RICHARD M. HOWARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

HOWARD S. WILSON (See above for address) TERMINATED: 08/11/2005

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 3 of 17

ATTORNEY TO BE NOTICED

Defendant
JOSEPH WOLF both individually and in his official capacity as a Deputy Sheriff of the County of Camden

represented by RICHARD M. HOWARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

HOWARD S. WILSON (See above for address) TERMINATED: 08/11/2005 ATTORNEY TO BE NOTICED

Defendant
JOSEPH DOUGHERTY both individually and in his official capacity as a Deputy Sheriff of the County of Camden

represented by RICHARD M. HOWARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

HOWARD S. WILSON (See above for address) TERMINATED: 08/11/2005 ATTORNEY TO BE NOTICED

Defendant
ARTHUR MICKLES both individually and in his official capacity as a Deputy Sheriff of the County of Camden

represented by RICHARD M. HOWARD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

HOWARD S. WILSON (See above for address) TERMINATED: 08/11/2005 ATTORNEY TO BE NOTICED

Defendant
THE CITY OF CAMDEN TERMINATED: 03/27/2006

represented by JOHN CHARLES GILLESPIE PARKER MCCAY, PA THREE GREENTREE CENTRE 7001 LINCOLN DRIVE WEST PO BOX 974 MARLTON , NJ 08053 (856) 596−8900 Email: jgillespie@parkermccay.com TERMINATED: 04/27/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

TIMOTHY P. O'BRIEN CRAMMER, BISHOP, MARCZYK &O'BRIEN, PC 508 NEW JERSEY AVENUE SUITE B3 ABSECON , NJ 08201 (609) 677−6996 Email: tobrien@crammer−bishop.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

FRANK A. SALVATI OFFICE OF CITY ATTORNEY 4TH FLOOR − CITY HALL

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 4 of 17

CAMDEN , NJ 08101 (856) 757−7170 Email: frsalvat@ci.camden.nj.us TERMINATED: 10/18/2005 ATTORNEY TO BE NOTICED

Defendant
CAMDEN CITY POLICE DEPARTMENT TERMINATED: 03/27/2006

represented by JOHN CHARLES GILLESPIE (See above for address) TERMINATED: 04/27/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

TIMOTHY P. O'BRIEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

FRANK A. SALVATI (See above for address) TERMINATED: 10/18/2005 ATTORNEY TO BE NOTICED

Defendant
EDWIN FIGUEROA both individually and in his official capacity as Chief of Police of the Camden City Police Department TERMINATED: 03/27/2006

represented by JOHN CHARLES GILLESPIE (See above for address) TERMINATED: 04/27/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

TIMOTHY P. O'BRIEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

FRANK A. SALVATI (See above for address) TERMINATED: 10/18/2005 ATTORNEY TO BE NOTICED

Defendant
EDWIN HARGIS individually and in his official capacity as Deputy Chief of Police of the Camden City Police Department TERMINATED: 03/27/2006

represented by JOHN CHARLES GILLESPIE (See above for address) TERMINATED: 04/27/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

TIMOTHY P. O'BRIEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

FRANK A. SALVATI (See above for address) TERMINATED: 10/18/2005 ATTORNEY TO BE NOTICED

Cross Claimant
CAMDEN CITY POLICE DEPARTMENT

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 5 of 17

Cross Claimant EDWIN FIGUEROA both individually and in his offical capacity as Chief of Police of the Camden City Police Department
Cross Claimant EDWIN HARGIS individually and in his officail capacity as Deputy Chief of Police of the Camden City Police Department
Cross Claimant ANTHONY PIZARRO both individually and in his official capacity as Deputy Warden of the Camden County Correctional Facility
Cross Claimant FRANK LOBERTO both individually and in his official capacity as a Deputy Warden of the Camden County Correctional Facility Cross Claimant COUNTY OF CAMDEN
Cross Claimant CAMDEN COUNTY CORRECTIONAL FACILITY
Cross Claimant ERIC TAYLOR both individually and in his official

LEWIS WILSON 514 COOPER AVENUE CAMDEN , NJ 08102 (856) 964−8898 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
LEWIS WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
LEWIS WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by DONNA M. WHITESIDE OFFICE OF CAMDEN COUNTY COUNSEL CAMDEN COUNTY COURTHOUSE 520 MARKET STREET 14TH FLOOR CAMDEN , NJ 08102−1375 (856) 225−5543 Email: dwhiteside@camdencounty.com ATTORNEY TO BE NOTICED
represented by DONNA M. WHITESIDE (See above for address) ATTORNEY TO BE NOTICED
represented by DONNA M. WHITESIDE (See above for address) ATTORNEY TO BE NOTICED
represented by DONNA M. WHITESIDE (See above for address) ATTORNEY TO BE NOTICED
represented by DONNA M. WHITESIDE (See above for address)

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 6 of 17

Camden County Warden of the Correctional Facility

ATTORNEY TO BE NOTICED

Cross Claimant
James Simon both individually and in his official capacity as Deputy Warden of the Camden County Correctional Facility

represented by DONNA M. WHITESIDE (See above for address) ATTORNEY TO BE NOTICED

V. Cross Defendant CAMDEN COUNTY SHERIFF'S DEPARTMENT
Cross Defendant MICHAEL MCLAUGHLIN both individually and in his official capacity as Sheriff of the County of Camden
Cross Defendant JOSEPH WOLF both individually and in his official capacity as a Deputy Sheriff of the County of Camden
Cross Defendant JOSEPH DOUGHERTY both individually and in his official capacity as a Deputy Sheriff of the County of Camden
Cross Defendant ARTHUR MICKLES both individually and in his official capacity as a Deputy Sheriff of the County of Camden
Cross Defendant THE CITY OF CAMDEN
Cross Defendant CAMDEN CITY POLICE DEPARTMENT
Cross Defendant EDWIN FIGUEROA both individually and in his official capacity as Chief of Police of the Camden City Police Department
Cross Defendant

represented by HOWARD S. WILSON (See above for address) ATTORNEY TO BE NOTICED
represented by HOWARD S. WILSON (See above for address) ATTORNEY TO BE NOTICED
represented by HOWARD S. WILSON (See above for address) ATTORNEY TO BE NOTICED
represented by HOWARD S. WILSON (See above for address) ATTORNEY TO BE NOTICED
represented by HOWARD S. WILSON (See above for address) ATTORNEY TO BE NOTICED
represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 7 of 17

EDWIN HARGIS individually and in his official capacity as Deputy Chief of Police of the Camden City Police Department

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant
LAVERNE HICKS and

Cross Defendant
MICHAEL VELEZ both individually and on behalf of a Class of others similarly situated

Cross Claimant
CAMDEN COUNTY SHERIFF'S DEPARTMENT

Cross Claimant
MICHAEL MCLAUGHLIN both individually and in his official capacity as Sheriff of the County of Camden

Cross Claimant
JOSEPH WOLF both individually and in his official capacity as a Deputy Sheriff of the County of Camden

Cross Claimant
JOSEPH DOUGHERTY both individually and in his official capacity as a Deputy Sheriff of the County of Camden

Cross Claimant
ARTHUR MICKLES both individually and in his official capacity as a Deputy Sheriff of the County of Camden

V.
Cross Defendant
ANTHONY PIZARRO both individually and in his official capacity as Deputy Warden of the Camden County Correctional Facility
Cross Defendant
FRANK LOBERTO both individually and in his official capacity as a Deputy Warden of the Camden County Correctional Facility
Cross Defendant
THE CITY OF CAMDEN

represented by

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 8 of 17

FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant
CAMDEN CITY POLICE DEPARTMENT

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant
EDWIN FIGUEROA both individually and in his official capacity as Chief of Police of the Camden City Police Department

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant
EDWIN HARGIS individually and in his official capacity as Deputy Chief of Police of the Camden City Police Department

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant COUNTY OF CAMDEN

Cross Defendant
CAMDEN COUNTY CORRECTIONAL FACILITY

Cross Defendant
ERIC TAYLOR both individually and in his official Camden County Warden of the Correctional Facility

Cross Defendant
James Simon both individually and in his official capacity as Deputy Warden of the Camden County Correctional Facility

Cross Claimant THE CITY OF CAMDEN

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

LEWIS WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Cross Defendant
ANTHONY PIZARRO both individually and in his official capacity as Deputy Warden of the

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 9 of 17

Camden County Correctional Facility

Cross Defendant
FRANK LOBERTO both individually and in his official capacity as a Deputy Warden of the Camden County Correctional Facility

Cross Defendant
CAMDEN COUNTY SHERIFF'S DEPARTMENT

Cross Defendant
MICHAEL MCLAUGHLIN both individually and in his official capacity as Sheriff of the County of Camden

Cross Defendant
JOSEPH WOLF both individually and in his official capacity as a Deputy Sheriff of the County of Camden

Cross Defendant
JOSEPH DOUGHERTY both individually and in his official capacity as a Deputy Sheriff of the County of Camden

Cross Defendant
ARTHUR MICKLES both individually and in his official capacity as a Deputy Sheriff of the County of Camden

Cross Defendant THE CITY OF CAMDEN

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant
CAMDEN CITY POLICE DEPARTMENT

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant
EDWIN FIGUEROA both individually and in his official capacity as Chief of Police of the Camden City Police Department

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant
EDWIN HARGIS individually and in his official capacity as Deputy Chief of Police of the Camden City Police Department

represented by FRANK A. SALVATI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 10 of 17
Cross Defendant COUNTY OF CAMDEN
Cross Defendant CAMDEN COUNTY CORRECTIONAL FACILITY
Cross Defendant ERIC TAYLOR both individually and in his official Camden County Warden of the Correctional Facility
Cross Defendant James Simon both individually and in his official capacity as Deputy Warden of the Camden County Correctional Facility

Date Filed 04/08/2005
04/21/2005 04/21/2005
05/03/2005
05/05/2005 05/10/2005

#

Docket Text

1 COMPLAINT against ANTHONY PIZARRO, FRANK LOBERTO, CAMDEN COUNTY SHERIFF'S DEPARTMENT, MICHAEL MCLAUGHLIN, JOSEPH WOLF, JOSEPH DOUGHERTY, ARTHUR MICKLES, THE CITY OF CAMDEN, CAMDEN CITY POLICE DEPARTMENT, EDWIN FIGUEROA, EDWIN HARGIS, COUNTY OF CAMDEN, CAMDEN COUNTY CORRECTIONAL FACILITY, ERIC TAYLOR, James Simon ( Filing fee $ 250 receipt number 302588.) JURY DEMAND, filed by LAVERNE HICKS, MICHAEL VELEZ.(TH, ) (Entered: 04/13/2005)

2 Letter from William A. Riback for issuance of summons upon defts. (ar1, ) (Entered: 04/21/2005)

Summons Issued as to ANTHONY PIZARRO, FRANK LOBERTO, CAMDEN COUNTY SHERIFF'S DEPARTMENT, MICHAEL MCLAUGHLIN, JOSEPH WOLF, JOSEPH DOUGHERTY, ARTHUR MICKLES, THE CITY OF CAMDEN, CAMDEN CITY POLICE DEPARTMENT, EDWIN FIGUEROA, EDWIN HARGIS, COUNTY OF CAMDEN, CAMDEN COUNTY CORRECTIONAL FACILITY, ERIC TAYLOR, James Simon. Days Due − 20. (ar1, ) (Entered: 04/21/2005)

3 Application and Proposed Order for Clerk's Order to extend time to answer as to Camden County Sheriff's Department, Michael McLaughlin, Joseph Wolf, Joseph Dougherty and Arthur Mickles. Attorney Wilson and HOWARD S. WILSON for JOSEPH WOLF; JOSEPH DOUGHERTY; ARTHUR MICKLES; CAMDEN COUNTY SHERIFF'S DEPARTMENT and MICHAEL MCLAUGHLIN added. (WILSON, HOWARD) (Entered: 05/03/2005)

CLERK'S TEXT ORDER − The Application for a Clerk's Order Extending Time to Answer for defts'. CAMDEN COUNTY SHERIFF'S DEP'T., MICHAEL MCLAUGHLIN, JOSEPH WOLF, JOSEPH DOUGHERTY AND ARTHUR MICKLES − Document # 3 submitted by H. WILSON on 5/3/05 has been GRANTED. The answer due date has been set for 5/25/05. (ar1, ) (Entered: 05/05/2005)

4 County of Camden, Camden County Correctional Facility, Eric Taylor, James Simon, Anthony Pizarro and Frank Loberto ANSWER to Complaint with jury demand, CROSSCLAIM against CAMDEN COUNTY SHERIFF'S DEPARTMENT, MICHAEL MCLAUGHLIN,

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 11 of 17

05/11/2005 05/19/2005
05/20/2005 05/20/2005 05/27/2005 06/07/2005 07/13/2005
07/13/2005 07/13/2005

JOSEPH WOLF, JOSEPH DOUGHERTY, ARTHUR MICKLES, THE CITY OF CAMDEN, CAMDEN CITY POLICE DEPARTMENT, EDWIN FIGUEROA, EDWIN HARGIS, LAVERNE HICKS, MICHAEL VELEZ by ANTHONY PIZARRO, FRANK LOBERTO, COUNTY OF CAMDEN, CAMDEN COUNTY CORRECTIONAL FACILITY, ERIC TAYLOR, James Simon.(WHITESIDE, DONNA) (Entered: 05/10/2005)
5 ORDER Setting Initial Scheduling Conference for 7/13/2005 at 2:00 PM before Magistrate Judge Joel B. Rosen. Signed by Judge Joel B. Rosen on 5/11/05. (ar1, ) (Entered: 05/11/2005)
6 ANSWER to Complaint with Jury Demand, CROSSCLAIM against ANTHONY PIZARRO, FRANK LOBERTO, THE CITY OF CAMDEN, CAMDEN CITY POLICE DEPARTMENT, EDWIN FIGUEROA, EDWIN HARGIS, COUNTY OF CAMDEN, CAMDEN COUNTY CORRECTIONAL FACILITY, ERIC TAYLOR, James Simon by CAMDEN COUNTY SHERIFF'S DEPARTMENT, MICHAEL MCLAUGHLIN, JOSEPH WOLF, JOSEPH DOUGHERTY, ARTHUR MICKLES, CAMDEN COUNTY SHERIFF'S DEPARTMENT, MICHAEL MCLAUGHLIN, JOSEPH WOLF, JOSEPH DOUGHERTY, ARTHUR MICKLES.(WILSON, HOWARD) (Entered: 05/19/2005)
7 Letter from William A. Riback for issuance of alias summons. (ar1, ) (Entered: 05/20/2005)
Alias Summons Issued as to THE CITY OF CAMDEN, CAMDEN CITY POLICE DEPARTMENT, EDWIN FIGUEROA, EDWIN HARGIS. Days Due − 20. (ar1, ) (Entered: 05/20/2005)
8 ALIAS SUMMONS Returned Executed by LAVERNE HICKS, MICHAEL VELEZ. THE CITY OF CAMDEN served on 5/25/2005, answer due 6/14/2005; CAMDEN CITY POLICE DEPARTMENT served on 5/25/2005, answer due 6/14/2005; EDWIN FIGUEROA served on 5/25/2005, answer due 6/14/2005; EDWIN HARGIS served on 5/25/2005, answer due 6/14/2005. (ar1, ) (Entered: 06/01/2005)
9 ANSWER TO COMPLAINT AND JURY DEMAND by defts. City of Camden, Camden City Police Dept., Edwin Figueroa, individually and in his official capacity as Chief of Police of the Camden City Police Dept., and Edward Hargis, individually and in his official capacity as Deputy Chief of Police of the Camden City Police Dept. on all issues raised in Plaintiffs' Complaint, CROSSCLAIM of Co−Defendants against all defendants.(SALVATI, FRANK) (Entered: 06/07/2005)
10 MOTIONS for Keith Gutstein and Philip R. Voluck to Appear and Participate Pro Hac Vice by ANTHONY PIZARRO, FRANK LOBERTO, CAMDEN COUNTY SHERIFF'S DEPARTMENT, MICHAEL MCLAUGHLIN, JOSEPH WOLF, JOSEPH DOUGHERTY, ARTHUR MICKLES, CAMDEN COUNTY CORRECTIONAL FACILITY, ERIC TAYLOR, James Simon. (Attachments: # 1 motion to admit Philip R. Voluck# 2 Text of Proposed Order # 3 Affidavit of Keith Gutstein# 4 Affidavit of Philip R. Voluck# 5 Affidavit of Service# 6 Pro hac vice admission information sheet)(ar1, ) (Entered: 07/13/2005)
Setting returnable date for 10 MOTION for Keith Gutstein and Philip R. Voluck to Appear and Participate Pro Hac Vice for 8/19/2005 before Magistrate Judge Joel B. Rosen. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (ar1, ) (Entered: 07/13/2005)
11 SCHEDULING ORDER:In Person Status Conference set for 11/21/2005 at 3:00 PM before Magistrate Judge Joel B. Rosen. Signed by Judge Joel B. Rosen on 7/13/05. (ar1, ) (Entered: 07/13/2005)

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 12 of 17

07/13/2005 07/14/2005 07/22/2005 08/02/2005 08/02/2005 08/02/2005 08/02/2005 08/10/2005 08/11/2005
08/11/2005 08/11/2005 10/18/2005
11/21/2005 12/01/2005 02/01/2006 03/03/2006

Minute Entry for proceedings held before Judge Joel B. Rosen : Scheduling Conference held on 7/13/2005. (bb, ) (Entered: 07/14/2005)
12 NOTICE of Appearance by SETH R. LESSER on behalf of all plaintiffs (LESSER, SETH) (Entered: 07/14/2005)
13 NOTICE of Change of Address by Charles J. LaDuca. (th, ) (Entered: 07/25/2005)
14 ORDER permitting Keith Gutstein to appear and participate pro hac vice.Counsel admitted pro hac vice is ordered to make payment of $150.00 payable to Clerk, USDC, with a S.A.S.E. Signed by Judge Joel B. Rosen on 8/2/05. (ar1, ) (Entered: 08/02/2005)
15 ORDER permitting Philip R. Voluck to appear and participate pro hac vice.Counsel admitted pro hac vice is ordered to make payment of $150.00 payable to Clerk, USDC, with a S.A.S.E. Signed by Judge Joel B. Rosen on 8/2/05. (ar1, ) (Entered: 08/02/2005)
Pro Hac Vice fee for Keith Gutstein: $ 150, receipt number 100 303273. (ar1, ) (Entered: 08/02/2005)
Pro Hac Vice fee for Philip R. Voluck: $ 150, receipt number 100 303272 (ar1, ) (Entered: 08/02/2005)
16 NOTICE by COUNTY OF CAMDEN Consent Order Granting Substitution of Attorney to RMH (MEYER, JEFFERY) (Entered: 08/10/2005)
CLERKS OFFICE QUALITY CONTROL MESSAGE − The Consent Order granting substitution of attorney as document #16 submitted by J. MEYER on 8/10/05 must be executed by a Judicial Officer before filing. Future filings please forward to the appropriate Judicial Officer in accordance with his/her preferred practice. This message is for informational purposes only. (ar1, ) (Entered: 08/11/2005)
17 AFFIDAVIT of Service for Affidavit of Service re: Consent Order Granting Substitution of Attorney served on Donna M. Whiteside, Esq. and Howard S. Wilson, Esq. on 08/10/2005, filed by COUNTY OF CAMDEN. (MEYER, JEFFERY) (Entered: 08/11/2005)
18 CONSENT ORDER granting substitution of attorney. Signed by Judge Joel B. Rosen on 8/11/05. (ar1, ) (Entered: 08/11/2005)
19 Substitution of Attorney − Attorney JOHN CHARLES GILLESPIE AND TIMOTHY P. O'BRIEN added for THE CITY OF CAMDEN, CAMDEN CITY POLICE DEPARTMENT, EDWIN FIGUEROA AND EDWIN HARGIS Attorney FRANK A. SALVATI terminated for defts. only. (GILLESPIE, JOHN) Modified on 10/18/2005 (ar1,) Additional attachment(s) added on 10/20/2005 (ar1, ). (Entered: 10/18/2005)
Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 11/21/2005. (bb, ) (Entered: 11/22/2005)
20 AMENDED SCHEDULING ORDER:In Person Settlement Conference set for 2/10/2006 at 2:00 PM before Magistrate Judge Joel B. Rosen. Discovery due by 3/30/2006. Signed by Judge Joel B. Rosen on 12/1/05. (ar1, ) (Entered: 12/01/2005)
21 Letter from Seth R. Lesser. (Attachments: # 1 Exhibit A − 12−21−2005 − Lt − Rudich to Howard# 2 Exhibit B − Plaintiffs' First Request for the Production of Documents)(LESSER, SETH) (Entered: 02/01/2006)
Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 3/3/2006. (bb, ) (Entered: 03/06/2006)

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 13 of 17

03/03/2006
03/14/2006 03/14/2006 03/15/2006 03/15/2006 03/15/2006
03/15/2006
03/21/2006 03/27/2006
04/10/2006 04/10/2006
04/11/2006 04/18/2006
04/18/2006 04/18/2006 04/18/2006 04/27/2006

22 AMENDED SCHEDULING ORDER: Settlement Conference set for 5/11/2006 02:00 PM before Magistrate Judge Joel B. Rosen. Dispositive Motions due by 5/5/2006.Signed by Judge Joel B. Rosen on 3/3/06. (sb) (Entered: 03/06/2006)
23 Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 03/14/2006)
24 Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 03/14/2006)
25 MOTION for Leave to Appear Pro Hac Vice by LAVERNE HICKS, MICHAEL VELEZ. (LESSER, SETH) (Entered: 03/15/2006)
26 MOTION for Leave to Appear Pro Hac Vice by LAVERNE HICKS, MICHAEL VELEZ. (LESSER, SETH) (Entered: 03/15/2006)
Setting returnable date for 26 MOTION for Leave to Appear Pro Hac Vice, and 25 MOTION for Leave to Appear Pro Hac Vice for 4/21/2006 before Magistrate Judge Joel B. Rosen. PLEASE BE ADVISED THAT THESE MOTIONS WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (ar1, ) (Entered: 03/15/2006)
CLERKS OFFICE QUALITY CONTROL MESSAGE − The notice of Pro Hac Vice to Receive NEF'S, document #'s 23 and 24 filed by S. LESSER on 3/14/06 was submitted incorrectly as a notice event. Counsel re−filed documents as motions to appear pro hac vice, document #'s 25 and 26. This message is for informational purposes only. (ar1, ) (Entered: 03/15/2006)
27 Letter from Seth R. Lesser. (LESSER, SETH) (Entered: 03/21/2006)
28 ORDER OF DISMISSAL without prejudice as to defts., THE CITY OF CAMDEN, CAMDEN CITY POLICE DEPARTMENT, EDWIN FIGUEROA AND EDWARD HARGIS, ONLY. Signed by Judge Joel B. Rosen on 3/27/06. (ar1, ) (Entered: 03/27/2006)
29 Letter from Plaintiffs. (LESSER, SETH) (Entered: 04/10/2006)
30 ORDER granting 25 Motion for Leave to Appear Pro Hac Vice, granting 26 Motion for Leave to Appear Pro Hac Vice. Counsel admitted pro hac vice is ordered to make payment of $150.00 payable to Clerk, USDC. Signed by Judge Joel B. Rosen on 4/10/06. (ar1, ) (Entered: 04/10/2006)
Pro Hac Vice fee for Fran L. Rudich: $ 150.00, receipt number 100 304602. (ar1, ) (Entered: 04/11/2006)
31 AMENDED SCHEDULING ORDER:In Person Status Conference set for 5/11/2006 at 2:00 PM before Magistrate Judge Joel B. Rosen. Dispositive Motions due by 6/15/2006. Signed by Judge Joel B. Rosen on 4/18/06. (ar1, ) (Entered: 04/18/2006)
32 NOTICE of Appearance by ELMER ROBERT KEACH, III on behalf of all plaintiffs (KEACH, ELMER) (Entered: 04/18/2006)
33 CERTIFICATE OF SERVICE by LAVERNE HICKS, MICHAEL VELEZ re 32 Notice of Appearance (KEACH, ELMER) (Entered: 04/18/2006)
Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 4/18/2006. (bb, ) (Entered: 04/19/2006)
34 Substitution of Attorney − Attorney LEWIS WILSON for THE CITY OF CAMDEN and CAMDEN CITY POLICE DEPARTMENT added. Attorney JOHN CHARLES GILLESPIE terminated. (ar1, ) (Entered: 04/28/2006)

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 14 of 17

05/11/2006 05/16/2006 08/03/2006
08/09/2006 08/10/2006 09/08/2006 09/25/2006

35 AMENDED SCHEDULING ORDER:In Person Status Conference set for 9/28/2006 at 2:00 PM before Magistrate Judge Joel B. Rosen. Dispositive Motions due by 10/20/2006. Signed by Judge Joel B. Rosen on 5/11/06. (ar1, ) (Entered: 05/12/2006)
36 NOTICE of Change of Address by JEFFERY ALAN MEYER (MEYER, JEFFERY) (Entered: 05/16/2006)
37 MOTION to Certify Class by LAVERNE HICKS, MICHAEL VELEZ. Responses due by 8/31/2006 (Attachments: # 1 Affidavit Affirmation of Elmer Robert Keach, III# 2 Exhibit Ex. A to Keach Aff. −− Plaintiffs' Class Action Complaint# 3 Exhibit Ex. B to Keach Aff. −− Plaintiffs' Rule 30(b)(6) deposition notice# 4 Exhibit Ex. C to Keach Aff. −− Processing New Remands Policy# 5 Exhibit Ex. D to Keach Aff. −− Strip Search Policy# 6 Exhibit Ex. E to Keach Aff. −− Clearance to Release Discharged Inmates Policy# 7 Exhibit Ex. F to Keach Aff. −− Camden Co. DOC meeting minutes, October 11, 2002# 8 Exhibit Ex. G to Keach Aff. −− Camden Booking Post Orders# 9 Exhibit Ex. H to Keach Aff. −− Beatrice Williams Memorandum, September 28, 2004# 10 Exhibit Ex. I to Keach Memorandum −− Michael Burgess Memorandum, April 27, 2005# 11 Exhibit Ex. J to Keach Aff. −− LaVerne Hicks Declaration# 12 Exhibit Ex. K to Keach Aff. −− Michael Velez Declaration# 13 Exhibit Ex. L to Keach Aff. −− Diana Duran Declaration# 14 Exhibit Ex. M to Keach Aff. −− Michael Burgess Deposition Transcript# 15 Exhibit Ex. N (Part 1) to Keach Aff. −− Beatrice Williams Deposition Transcript, p. 1−80# 16 Exhibit Ex. N (Part 2) to Keach Aff. −− Beatrice Williams Deposition Transcript, pp. 81−163# 17 Exhibit Ex. O to Keach Aff. −− Harry Monroe Deposition Transcript# 18 Exhibit Ex. P to Keach Aff. −− Carla Taylor Deposition Transcript# 19 Exhibit Ex. Q to Keach Aff. −− Roselyn Jeffers Deposition Transcript# 20 Exhibit Ex. R to Keach Aff. −− Keith Billington Deposition Transcript# 21 Exhibit Ex. S to Keach Aff. −− Jeffrey Brooks Deposition Transcript# 22 Exhibit Ex. T to Keach Aff −− Plaintiffs' Rule 30(b)(6) Notice, bail issues# 23 Exhibit Ex. U to Keach Aff. −− Preliminary Approval Order, Kahler v. County of Rensselaer# 24 Exhibit Ex. V to Keach Aff. −− Transcript of Bench Decision, Tyson v. City of New York# 25 Exhibit Ex. W to Keach Aff. −− Locks Law Firm Firm Resume# 26 Exhibit Ex. X to Keach Aff. −− Cuneo, Gilbert &LaDuca Firm Resume# 27 Exhibit Ex. Y to Keach Aff. −− Elmer Keach Firm Resume# 28 Exhibit Ex. Z to Keach Aff. −− William Riback Firm Resume# 29 Exhibit Ex. AA to Keach Aff. −− Unreported Decisions# 30 Brief # 31 Text of Proposed Order # 32 Certification Certificate of Service)(KEACH, ELMER) Additional attachment(s) added on 8/9/2006 (MB, ). (Entered: 08/03/2006)
Setting Deadlines as to 37 MOTION to Certify Class. Motion returnable date set for 9/1/2006 before Judge Joseph H. Rodriguez. PLEASE BE ADVISED THIS MOTION SHALL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (MB, ) (Entered: 08/09/2006)
38 Letter from Jeffery A. Meyer, Esq.. (MEYER, JEFFERY) (Entered: 08/10/2006)
39 RESPONSE in Opposition re 37 MOTION to Certify Class Memo of Law in Opposition filed by CAMDEN COUNTY CORRECTIONAL FACILITY. (Attachments: # 1 Affidavit Affidavit of Fontanez# 2 Affidavit Affidavit of Eric Taylor# 3 Affidavit Affidavit of Service)(MEYER, JEFFERY) (Entered: 09/08/2006)
40 SCHEDULING ORDER: Status Conference set for 9/28/2006 at 02:00 PM before Magistrate Judge Ann Marie Donio. Signed by Judge Ann Marie Donio on 09/25/06. (db, ) (Entered: 09/26/2006)

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 15 of 17

09/28/2006 09/28/2006
10/02/2006 10/11/2006 10/11/2006 10/19/2006 10/19/2006
11/06/2006 12/12/2006 01/08/2007 01/19/2007 01/31/2007 02/13/2007 02/15/2007 02/28/2007
04/20/2007 04/20/2007
05/24/2007

Minute Entry for proceedings held before Judge Ann Marie Donio : Status Conference by phone held on 9/28/2006. (bb, ) (Entered: 09/29/2006)
41 AMENDED SCHEDULING ORDER: Telephone Status Conference set for 1/8/2007 at 11:00 AM before Magistrate Judge Ann Marie Donio. Discovery due by 5/30/2007. Signed by Judge Ann Marie Donio on 9/28/06. (db, ) (Entered: 09/29/2006)
Pro Hac Vice fee: $ 150, receipt number 305369 received from attorney Charles J. LaDuca (db, ) (Entered: 10/04/2006)
42 REPLY to Response to Motion re 37 MOTION to Certify Class filed by LAVERNE HICKS, MICHAEL VELEZ. (LESSER, SETH) (Entered: 10/11/2006)
43 CERTIFICATE OF SERVICE by LAVERNE HICKS, MICHAEL VELEZ re 42 Reply to Response to Motion (LESSER, SETH) (Entered: 10/11/2006)
***Motion Hearing to Certify Class, scheduled for Tues. December 19, 2006 at 10:00 am in Courtroom 5D*** (ln, ) (Entered: 10/19/2006)
44 Notice of Request by Pro Hac Vice Charles LaDuca to receive Notices of Electronic Filings. (RIBACK, WILLIAM) Additional attachment(signature page) added on 10/26/2006 (db, ). (Entered: 10/19/2006)
Judge Joel Schneider added. Judge Joel B. Rosen no longer assigned to case. (gn, ) (Entered: 11/06/2006)
45 Letter from Elmer Keach re Docket Annotation, 37 MOTION to Certify Class. (KEACH, ELMER) (Entered: 12/12/2006)
Remark: The Status Conference originally scheduled for January 8, 2007 has been rescheduled to February 9, 2007 at 10:30am. Plaintiffs counsel shall initiate the conference. (bb, ) (Entered: 01/08/2007)
46 RE−SCHEDULING ORDER: Status Conference set for 2/13/2007 at 11:00 AM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 01/19/07. (db, ) (Entered: 01/19/2007)
***Phone conference set for Thurs. February 15, 2007 at 11:30 am*** Counsel for Pltf to initiate conf call. (ln, ) (Entered: 01/31/2007)
Minute Entry for proceedings held before Judge Joel Schneider : Status Conference held on 2/13/2007. (bb, ) (Entered: 02/14/2007)
47 Minute Entry for proceedings held before Judge Joseph H. Rodriguez : Telephone Conference held on 2/15/2007. (Court Reporter Frank Gable.) (ln, ) (Entered: 02/15/2007)
48 ORDER that the 37 MOTION to Certify Class filed by MICHAEL VELEZ,, LAVERNE HICKS, is withdrawn without prejudice pending the mediation proceedings scheduled to take place on April 12, 2007 . Signed by Judge Joseph H. Rodriguez on 02/28/07. (db, ) (Entered: 03/06/2007)
49 Letter from william riback. (RIBACK, WILLIAM) (Entered: 04/20/2007)
CLERKS OFFICE QUALITY CONTROL MESSAGE − Please be advised that Letter, Doc. 49 submitted by William Riback, Esq. was submitted in error. Please disregard filing. This message is for informational purposes only. (gn ) (Entered: 04/20/2007)
***Phone conference set for Thurs., May 31, 2007 at 3:00 pm*** Counsel to initiate conf call*** (ln) (Entered: 05/24/2007)

Case: 1:05-cv-1857 As of: 03/23/2009 09:19 PM EDT 16 of 17

05/31/2007 07/17/2007 09/05/2007
09/06/2007
09/07/2007 10/10/2007 12/04/2007 12/17/2007 02/13/2008 06/09/2008 06/09/2008 06/09/2008 06/09/2008 06/09/2008 07/31/2008

50 Minute Entry for proceedings held before Judge Joseph H. Rodriguez : Telephone Conference held on 5/31/2007. (Court Reporter Carl Nami, Jr..) (db, ) (Entered: 05/31/2007)
51 ORDER DISMISSING CASE WITHOUT COSTS AND WITHOUT PREJUDICE, Signed by Judge Joseph H. Rodriguez on 7/17/2007. (ln) (Entered: 07/17/2007)
52 MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement and Provision Certification of Settlement Class by LAVERNE HICKS, MICHAEL VELEZ. (Attachments: # 1 Affidavit Affirmation of Elmer Keach in Support of Motion# 2 Exhibit A to Keach Affirmation −− Tyson Bench Decision# 3 Exhibit B to Keach Affirmation −− McDaniel v. County of Schenectady Preliminary Approval Order# 4 Memorandum of Law in Support# 5 Settlement Agreement, pp. 1−50# 6 Settlement Agreement, pp. 51−88# 7 Text of Proposed Order Proposed Order for Preliminary Approval of Class Action Settlement, with Exhibits# 8 Certificate of Service)(KEACH, ELMER) (Entered: 09/05/2007)
Setting Deadlines as to 52 MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement and Provision Certification of Settlement Class. Motion returnable date set for 10/5/2007 before Judge Joseph H. Rodriguez. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 09/06/2007)
53 Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 09/07/2007)
54 Letter from Jeffery A. Meyer. (MEYER, JEFFERY) (Entered: 10/10/2007)
55 Minute Entry for proceedings held before Judge Joseph H. Rodriguez : Telephone Conference held on 12/4/2007. (Court Reporter Ted Formaroli.) (db, ) (Entered: 12/04/2007)
56 ORDER PRELIMINARILY APPROVING SETTLEMENT:Final Approval Hearing set for 6/9/2008 10:00 AM in Camden − Courtroom 5D before Judge Joseph H. Rodriguez. Signed by Judge Joseph H. Rodriguez on 12/17/07. (sb) (Entered: 12/17/2007)
57 Letter from Salahuddin Smart. (sb) (Entered: 02/19/2008)
58 Minute Entry for proceedings held before Judge Joseph H. Rodriguez: Class Action Fairness Hearing held on 6/9/2008. (Court Reporter Lisa Marcus.) (db, ) (Entered: 06/10/2008)
59 AFFIDAVIT of Jose C. Fraga on behalf of plaintiffs. (Exhibit to affidavit in clerks file − unscannable) (db, ) (Entered: 06/10/2008)
60 DECLARATION of Seth Lesser on behalf of plaintiffs' motion for final approval regarding an award of fees and the reimbursement of expenses. (db, ) (Entered: 06/10/2008)
61 Memorandum of Law in support of Plaintiffs' motion for final approval of class action settlement, for an award of expenses and attorneys' fees, and for approval of incentive awards to the class representatives. (db, ) (Entered: 06/10/2008)
62 ORDER GRANTING Final Approval of Class Action Settlement and Judgment re 60 Declaration, 59 Affidavit, 61 Memorandum. Signed by Judge Joseph H. Rodriguez on 06/09/08. (db, ) (Entered: 06/10/2008)
63 Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 07/31/2008)

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64 Letter from Class counsel re distribution and requesting amendment to final judgment. (Attachments: # 1 Exhibit Claim Administrator Report (1), # 2 Exhibit Claims Administrator Report (2), # 3 Text of Proposed Order)(LESSER, SETH) (Entered: 09/12/2008)
65 ORDER Amending Final Judgment. Signed by Judge Joseph H. Rodriguez on 9/22/2008. (TH, ) (Entered: 09/23/2008)
66 Letter from William Smith, Re: Settlement Check (nf, ) (Entered: 01/16/2009)
67 Letter from Plaintiffs' Counsel re Letter from Mr William Smith to Clerk of the Court re 66 Letter. (Attachments: # 1 Exhibit Copy of Docket No 66 (Letter to Clerk from Mr William Smith))(LESSER, SETH) (Entered: 01/23/2009)