The good news is that this long-running lawsuit is behind the State of Connecticut. This is not something state police intended to do. It was an oversight. The settlement comes nearly 10 years after the lawsuit was filed and after years of litigation, in which the state sought unsuccessfully, both in the U.S. District Court and the 2nd Circuit Court of Appeals, to have the case dismissed. Claimants whose calls were recorded after January 1987 and whose conversations were attorney-client in nature stand to recover the most.
Claimants can recover money for no more than three recorded telephone calls.
No one who received notice that his or her call was being recorded is eligible to recover any money, nor will there be recovery for anyone whose telephone calls were related to the ordinary course of duty of law enforcement officers. The agreement is subject to approval by the Legislature and the U.S. District Court. Any claimants who owe the state money, or who have other obligations, such as being in arrears for child support, will see their recovery reduced or withheld. Claimants will have 75 days after notice of the court's approval of the settlement to file a claim, and will have to submit a sworn affidavit under penalty of perjury providing information on calls they believe were recorded. The risk of an enormous judgment and the complexity of the issues warrant this settlement at this time.