SHELBY COUNTY JAIL SUIT CLASS ACTION SETTLEMENT INFORMATION

BASIC INFORMATION

1.  What is the lawsuit about?

A class action lawsuit is pending in the United States District Court for the Western District of Tennessee, styled as: Scott Turnage, Cortez D. Brown, Deontae Tate, Jeremy S. Melton, Issacca Powell, Keith Burgess, Travis Boyd, Terrence Drain, and Kimberly Allen on behalf of themselves and all similarly situated persons, v. Bill Oldham, in his individual capacity as former Sheriff of Shelby County, Tennessee; Floyd Bonner, Jr., in his official capacity as Sheriff of Shelby County, Tennessee; Robert Moore, in his individual capacity as former Jail Director of Shelby County, Tennessee; Kirk Fields, in his official capacity as Jail Director of Shelby County, Tennessee; Charlene McGhee, in her individual capacity as former Assistant Chief of Jail Security of Shelby County, Tennessee; Reginald Hubbard, in his official capacity as Assistant Chief of Jail Security of Shelby County, Tennessee; Debra Hammons, in her individual capacity as former Assistant Chief of Jail Programs of Shelby County, Tennessee; Tiffany Ward in her official capacity as Assistant Chief of Jail Programs of Shelby County, Tennessee; Shelby County, Tennessee, a Tennessee municipality; Tyler Technologies, Inc., a foreign corporation; Global Tel*Link Corporation, a foreign corporation; Software AG USA, Inc., a foreign corporation; Sierra-Cedar, Inc., a foreign corporation, Sierra Systems Group, Inc., a foreign corporation; and Tetrus Corp, a foreign corporation, Case No. 2:16-cv-02907-SHM/tmp.  The parties have reached a settlement and the Court has preliminarily approved the settlement.  This is intended to provide you information about the lawsuit, the proposed settlement and your options before the Court makes a final decision on whether to approve the settlement.  Your legal rights might be affected by the settlement of this lawsuit.  

The lawsuit concerns the alleged over-detention of persons who were arrested and detained in the Shelby County, Tennessee Jail during the period between November 1, 2016 to March 21, 2021 as a result of the November 2016 implementation of a computer system involving the Shelby County Jail.  If you were arrested and detained in the Shelby County Jail at any point during this time period and were held in jail longer than the law provides, you are entitled to benefit from this settlement.  If you were over-detained 9 hours or longer, then you may be eligible for a settlement payment.  If you were not detained during this specific time period or were not held for longer than the law allows, then this settlement does not affect you and you do not need to do anything.  

The Plaintiffs claim that the Defendants (listed below) violated the civil rights of detainees at the Shelby County Jail or that Defendants were negligent in the implementation of a new computer system in November 2016.  As a result, Plaintiffs claim that persons were over detained, meaning held longer in jail than the law allows.  Defendants disagree and deny they acted unconstitutionally, negligently or improperly.  Defendants maintain that they acted in accordance with the Constitution of the United States and complied with the standards applicable to their respective industries and that they have not acted in a negligent or improper manner with regard to the implementation or operation of any aspect of the computer systems referenced in the lawsuit.  Nonetheless, the parties have concluded that, because the continuation of the claims and allegations in the lawsuit would be protracted and expensive, with an uncertain outcome, it is desirable that such claims be fully and finally settled on a class-wide basis.

Defendants:  Bill Oldham, Floyd Bonner, Jr., Debra Hammons, Robert Moore, Kirk Fields, Charlene McGhee, Reginald Hubbard, Tiffany Ward, Shelby County, Tennessee, Global Tel*Link Corporation, Sierra-Cedar, Inc., Sierra Systems Group, Inc., Software AG USA, Inc., Tetrus Corp., and Tyler Technologies, Inc.

2. Why is this a class action? W

hy is this a class action?

In a class action, Class Representatives (in this case Scott Turnage, Cortez D. Brown, Deontae Tate, Jeremy S. Melton, Aubrey Brown, as administrator ad litem for the estate of Issacca Powell, Keith Burgess, Travis Boyd, Terrence Drain, and Kimberly Allen), sued as Plaintiffs on behalf of people who have similar claims in one lawsuit.  All these people with similar claims are known as a "Class" or "Class Members."  One court resolves the issues for all Class Members, except for those who chose to opt-out or exclude themselves from the Class.  Judge Samuel Hardy Mays, Jr. is the judge for this class action.

3. Why is there a settlement?3.  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 uncertainty and cost of a trial, and the eligible Class Members who do not opt out or exclude themselves from the Class may receive compensation or benefit from the injunctive relief.  The Class Representatives and Class Counsel think the settlement is fair and best for the class.

WHO IS IN THE SETTLEMENT?

To see if you will receive money or other relief from this settlement, you first have to decide if you are a Class Member.

4. How do I know if I am a class member?4.  How do I know if I am a class member?

Judge Mays decided that everyone who fits the following description is a Class Member (subject to the exclusions in Section 5 below):

All individuals who, from November 1, 2016 to March 21, 2021 were detained in confinement at the Shelby County Jail after legal authority for those detentions ceased as a result of the November 2016 implementation of a computer system that allegedly contributed to the untimely release of detainees.  

To determine if you are an eligible Class Member:  First you must have been arrested and detained at the Shelby County Jail at some point during the period November 1, 2016 to March 21, 2021.  Second, you must have been over-detained during that confinement which means for a period of time after legal authority for your detention ceased.  Third, your over-detention must have been as a result of the November 2016 implementation of a computer system involving the Shelby County Jail.

Further, to be eligible for benefits, you must not be excluded from the Class as per Section 5 below.  

5. Who is excluded from the class definitions?5.  Who is excluded from the class definitions?

Judge Mays decided that some people will be excluded from and not be a member of the Class.  These people are:  (i) any person who has filed and has pending any case asserting individual claims against one or more of the Defendants (listed above) containing allegations that are substantially similar to the Seventh Amended Class Action Complaint a copy of which can be found on this website; and (ii) the named Defendants, their agents, affiliates, and employees, the Judge, District Attorneys, and Public Defenders assigned to this matter and their staff, and Class Counsel and their agents, affiliates and employees.  

If you are one of these people, then you are not eligible to be part of this class action settlement and will not be eligible for the settlement relief.  

Also, the following claims will be excluded from the Class: The claims of any Person not arising from implementation of a computer system that allegedly contributed to the untimely release of prisoners, including, but not limited to, pending or future claims for excessive force, failure to render medical treatment, failure to protect while in custody, and all other comparable claims not arising from over-detention allegedly caused by the Shelby County computer system.  If you have any of these type of claims, they are not included in this settlement.   

THE SETTLEMENT BENEFITS—WHAT YOU RECEIVE

6.  What does the settlement provide and what will I receive 6. What does the settlement provide and what will I receive from the settlement?5 the settlement?

An eligible Class Member whose claim is approved by the Administrator may receive a settlement payment based on the amount of time the Class Member was allegedly over-detained as follows:  

· Over-detention between 1 and 3 days - $750.00 per day

· Over-detention between 4 and 11 days - $1,000.00 per day

· Over-detention of 12 days or more - $2,500.00 per day

Please note that this is not the total time spent in detention at the Jail, but this is based on the amount of time you may have been over detained.  In no event will any eligible claimant receive more than $75,000.00.  Further, if the total amount of claims exceeds the “Net Settlement Amount” as described in the Stipulation of Settlement, the amount of payment to each eligible claimant shall be reduced on a pro-rata basis.  Further, Shelby County has agreed to certain injunctive relief regarding alleged over-detention as set forth in the Stipulation of Settlement.  In order to be eligible for a settlement payment, individuals must have been over-detained for 9 hours or more.

The Stipulation of Settlement may be found on this website

HOW YOU RECEIVE A PAYMENT—SUBMITTING A CLAIM FORM

7. How do I receive a payment?57.  How can I receive a payment?

To apply for a settlement payment, you must fully complete and mail the Class Action Claim Form to the Administrator.  To get a Claim Form, you can mail a written request to the Administrator, or you can email a request to the Settlement Administrator at info@cmmsettlementsolutions.com, or you may call this (901) 425-4828.  Claim Form Instructions are on this website and will accompany a Claim Form.  Read them carefully.  Fill out the Claim Form completely.  You will need to provide basic information about yourself.  You will need to answer some questions.  You will need to provide some form of identification such as a copy of a Driver's License, Voter's Registration card, Social Security card, work identification card or the like.  You must sign the form under oath in front of a licensed Notary Public.  You must mail the completed Claim Form and copy of identification postmarked no later than December 30, 2021 to CMM Settlement Solutions, P.O. Box 341316 Bartlett, TN 38184. Once your Claim Form is received, it will be reviewed by the Settlement Administrator. Further, if the claimant is deceased or incompetent, then the claimant’s representative, e.g. executor or conservator, must provide verifying documentation of the representative’s capacity in order to receive a settlement payment.

8. When would I receive my payment?58.  When would I receive my payment?

If eligible, you will receive any payment at some point after the Claim Deadline of December 30, 2021.  The Court will hold a final hearing on November 10, 2021, to decide whether to finally approve the settlement.  If Judge Mays approves the settlement and there are no objections or appeals, then payments to claimants approved by the Administrator should occur shortly after the Claim Deadline, which is December 30, 2021.  If anyone objects to the settlement, it is possible, but unusual, for there to be appeals.  Payments will not be made unless and until the settlement is finally approved by Judge Mays and by any appeals court that may be asked to review the settlement approval.  If this unusual event occurs, please be patient.

9.  What am I giving up to receive a payment or to stay in the 9. What am I giving up to receive a payment or to stay in the Class?5Class?

Unless you opt out or exclude yourself (or are otherwise excluded from the definition of Class Member as outlined above), you will be a member of the Class if the Settlement is approved.  That means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case and you will be releasing any claims you may have that relate to the allegations in the lawsuit.  It also means that all of the Court’s orders will apply to you and legally bind you.    

OPTING OUT OR EXCLUDING YOURSELF FROM THE SETTLEMENT

10. What if I want to opt our of the Class, i.e. exclude myself from the Class?510.  What if I want to opt out of the Class, i.e. exclude myself from the Class?

If you do not want a payment or other benefit from this settlement, and you want to keep the right to sue or continue to sue Defendants on your own about the legal issues in this case, then you must take steps to opt out and exclude yourself from the Class.  

To opt out or exclude yourself from the Class, you must send a letter by mail to the Administrator saying that you want to be excluded from Turnage, et al., v. Oldham, et al., case no: 2:16-cv-2907 (the Shelby County Jail Suit).  Be sure to include your name, address, and telephone number.  This must be signed by you in front of a licensed Notary Public.  You must mail your opt out request postmarked no later than September 10, 2021, to: CMM Settlement Solutions. P.O. Box 341316 Bartlett, TN  38184.

You cannot opt out or exclude yourself on the phone or by e-mail.  If you opt out, you will not receive any settlement benefits, 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) Defendants in the future about the issues in this lawsuit.

11. If I do not opt our or exclude myself, may I sue Defendants for the same thing later?511.  If I do not opt out or exclude myself, may I sue Defendants for the same thing later?

No.  Unless you opt out or exclude yourself, you give up the right to sue Defendants for the claims that this settlement resolves.  If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.  You must exclude yourself from this Class to continue your own lawsuit.  Remember, the exclusion deadline is September 10, 2021.

12. If I opt our or exclude myself, can I receive money from this settlement?512.  If I opt out or exclude myself, can I receive money from this No.  If you opt out or exclude yourself, you may not send in a Claim Form to ask for any money.

THE LAWYERS REPRESENTING YOU

13. Do I have a lawyer in this case?5

13.  Do I have a lawyer in this case?

Frank L. Watson, III, William F. Burns, William E. Routt, III, WATSON BURNS, LLC, 253 Adams Ave, Memphis, TN 38103; and Michael G. McLaren, William E. Cochran, Jr., BLACK McLAREN JONES RYLAND & GRIFFEE PC, 530 Oak Court Drive, Suite 360, Memphis, TN  38117; and Brice Timmons, Donati Law PLLC, 1545 Union Ave., Memphis, TN 38104 represent you and other Class Members in this case.  These lawyers are called Class Counsel.  If you want to be represented by your own lawyer, you may hire one at your own expense.

5. 14. How will Class Counsel lawyers be paid?514.  How will the Class Counsel lawyers be paid?

Class Members are not responsible for payment of the attorneys' fees for Class Counsel.  Instead, Class Counsel will ask the Court for payment of attorneys’ fees and expenses up to $2,400,000.00.  Defendants will separately pay Class Counsels' fees and expenses in the amount Judge Mays approves.  Defendants will also separately pay the costs to administer the settlement up to $300,000.00.

OBJECTING TO THE SETTLEMENT

You can object to the Settlement and tell the Court that you do not agree with the settlement or some part of it.

15. How do I tell the Court that I do not like the settlement?55.  How do I tell the Court that I do not like the settlement?

If you are a Class Member, you may object to the settlement if you do not like any part of it.  You can give reasons why you think the Court should not approve it.  The Court will consider your views.  To object, you must file your objection with the Clerk of the Court (at the address below) no later than October 11, 2021 and you must mail your objection to the Administrator at the following address no later than October 11, 2021:  CMM Settlement Solutions. P.O. Box 341316 Bartlett, TN 38184. The objection must say that you object to the Turnage, et al., v. Oldham, et al., case no: 2:16-cv-2907 settlement (Shelby County Jail Class Action Settlement).  You should include a statement of the objection(s), as well as the specific reason(s) for each objection, including any legal support or evidence you wish to present to the Court.  You may file the objection(s) either on your own or through an attorney hired at your expense.  Be sure to include your name and your attorney's name, address, telephone number and your signature.  In addition to filing the objection(s) with the Clerk, you must mail the objection(s) to the Administrator postmarked no later than October 11, 2021.

16. What is the difference between objecting and opting out?516.  What is the difference between objecting and opting out?

Objecting is simply telling the Court that you do not like something about the settlement and the reasons why.  You can object only if you stay in the Class.  Opting Out or excluding yourself is telling the Court that you do not want to be part of the Class.  If you opt out or exclude yourself, you have no basis to object because the case no longer affects you.

THE COURT’S FINAL APPROVAL (OR FAIRNESS) HEARING

The Court will hold a hearing to decide whether to give final approval to the settlement.  You may attend, and if you have properly filed an objection, you may ask to speak, but you do not have to do so.

17. When and where will the Court decide whether to approve the settlement?17.  When and where will the Court decide whether to pprove   The Court will hold a Final Approval (or Fairness) Hearing at 1:30 on November 10, 2021 at the Federal Court house, 9th Floor, 167 N. Main Street, Memphis, Tennessee.  This hearing may occur via video conference.  At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate.  If there are objections, the Court will consider them.  Judge Mays may listen to people who have filed objections and have asked to speak at the hearing.  After the hearing, the Court will decide whether to approve the settlement.  We do not know how long these decisions will take.  Due to the ongoing pandemic, the Court may change the date of this hearing without further notice to the Class.  You should check the settlement website before the hearing date for information about updates or changes in hearing dates.

18.  Do I have to come to the hearing?

18. Do I have to come to the hearing?

No.  Class Counsel will answer questions Judge Mays may have.  But, you are welcome to come at your own expense.  If you submit an objection, you may attend the hearing, but you do not have to do so.  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 that is not necessary.

19. May I speak at the hearing?ay I speak at the hearing?

You may ask the Court for permission to speak at the Final Approval (or Fairness) Hearing.  To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Turnage, et al. v. Oldham, et al., case no: 2:16-cv-2907.”  Be sure to include your name, address telephone number, and your signature.  Your Notice of Intention to Appear must be postmarked no later than October 11, 2021, and be sent to the Clerk of the Court, and the Administrator at the addresses contained herein.  You cannot speak at the hearing if you have opted out or excluded yourself from the Class.

IF YOU DO NOTHING

20. What happens if I do nothing at all?20.  What happens if I do nothing at all?

If you do nothing, you’ll get no money from this settlement. But, unless you opt out or exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the particular legal issues in this case.

OBTAINING MORE INFORMATION

21. Are there more details about the settlement?21.  Are there more details about the settlement?

This notice summarizes the proposed settlement.  More details are in a Stipulation of Settlement which can be found on this website.  You can also contact the Administrator at (901) 425-4828 with specific questions.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENTLEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

SUBMIT A CLAIM FORM

Receive a payment if:

(a) you were allegedly over-detained 9 hours or more as a result of the November 1, 2016 implementation or a computer system involving the Shelby County Jail during the class period; and

(b) you make a timely and validly completed claim in the Settlement as approved by the Administrator; and

(c) you are not otherwise excluded from the Class as per Section 5 above.

OPT OUT OR EXCLUDE YOURSELF

Receive no settlement or payment.  This is the only option that allows you to be part of any other lawsuit against Defendants about the legal claims in this case.

OBJECT

Write to the Court if you disapprove of the settlement.

GO TO A HEARING

Ask to speak in Court about the fairness of the settlement.

DO NOTHING

Receive no settlement payment and lose the opportunity to submit a claim to recover from Defendants if the settlement is approved by the Court.

DATE: August 25, 2021.