Barham, et al., v. Ramsey, et al.
The attorneys of the Partnership for Civil Justice Fund
represent the plaintiffs in this class action.
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Frequently Asked Questions

The Notice to Class Members is in question-and-answer format, and provides answers to what have been anticipated to be important questions that Class Members may have about the Settlement Agreement, how it affects their rights, and deadlines and procedures for submitting claims.

Please read the Class Notice to see if your question is answered there.

If not, you can contact the Class Administrator at the following toll free telephone number: 1-877-678-0736.

It is essential that Claimants immediately update the Claims Administrator with any address or contact information changes, in order to ensure that correspondence and compensation be properly directed and received.

You may either fax or mail your new address to the Claims Administrator. The information that needs to be included in your request is the name of the case (Barham v. Ramsey), your name, your old address (at the time of arrest), your new address, the last four digits of your Social Security Number, your phone number, and your signature. The fax number for the Claims Administrator is 415-256-9756 and the address for the Claims Administrator is Barham v. Ramsey, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060.

Q:  When will I receive a check?

(For Class Members who have been approved / deemed eligible to participate in the Settlement.)

The Court will hold a hearing on June 22, 2015, to decide whether to approve the Settlement.

If the Court approves the Settlement at that hearing, and there are no objections or appeals that delay proceeding, we anticipate that each eligible Claimant will receive his or her award within four to six weeks of the issuance of final approval.

Q:  Is my Settlement taxable?

A:   Class Counsel and the Class Administrator cannot provide you with tax advice. However, questions regarding taxability arise frequently, and we have gathered together information from the case that you can take to your tax preparer or adviser, or use yourself, in determining taxability, including in determining how to respond to any IRS Notice of proposed changes to taxable income that may be received regarding payments made to you in this matter.

The IRS Publication 4345 addresses taxability of Settlements, and states that Settlements for physical injuries are generally non-taxable.

Final regulations issued by the IRS on March 19, 2012 relating to the exclusion from gross income for amounts received on account of personal physical injuries or physical sickness are also available here:

http://www.irs.gov/irb/2012-12_IRB/ar05.html

While each individual must make their own determination, in consultation with their advisers, as to physical injury suffered, and provide their own narrative of facts where appropriate as to their own circumstances, the documents below detail the significant record evidence in this case regarding physical injuries suffered by arrestees and presented in this matter and include those that have been requested by, or may be helpful to, tax advisers for submission to the IRS.

It may be helpful for you to provide a narrative to your tax preparer to understand injuries you may have suffered including the unusual nature of the handcuffing in this case, including if you were subjected to wrist-to-ankle handcuffing or prolonged handcuffing on busses, and whether you experienced any physical injuries such as bruising, cuts, lacerations, numbness, swelling, discoloration, pain, aching, stiffness, constriction of mobility and/or inability to extend your back for the duration of being handcuffed wrist to ankle, any hand, wrist, back or shoulder injuries and duration or persistence of any pain and injury. This information, and the documents below, may be useful to your tax adviser to present to the IRS if necessary.

The Complaint in this class action alleged that Class Members suffered physical injuries, including from the severity of handcuffing on busses as well as from being placed in a "stress and duress" position whereby arrestees were bound with their hand shackled or cuffed to the opposite wrist for hours. Other claims regarding physical injury are in the First Amended Complaint. A copy of the Barham Class Action First Amended Complaint can be retrieved by clicking here.

The record reflects that the Class has alleged, and presented record evidence in support of its claims, that the use of irregular wrist-to-ankle restraints to place arrestees in what they described to be a "stress and duress" position resulting in physical injuries including "pain that some described as 'agonizing' and 'severe' throughout their lengthy period of detention. A number of the Class Representatives suffered long term recurrent pain or injury from this unnecessarily harsh and painful manner of restraint." This is reflected in the Class Plaintiffs' Opposition to the District of Columbia's Motion for Partial Summary Judgment. The Class submitted twenty (20) supporting exhibits, including fifteen (15) sworn statements from Class Representatives in the form of deposition transcripts or affidavits.

The Class Plaintiffs' Opposition to the District of Columbia's Partial Motion for Summary Judgment and exhibits follow below:

Class Plaintiffs' Opposition

Statement of Genuine Issue of Material Fact in Dispute

Ex 1 - Depo of District of Columbia through Cathy Lanier in Barham case

Ex 2 - Depo of Herold in Barham case

Ex 3 - Depo of Lanier in Barham case

Ex 4 - Depo of Acosta in Alliance case

Ex 5 - Depo of District of Columbia through Jeffrey Herold in Alliance case

Ex 6 - Depo of Broadbent in Alliance case

Ex 7 - Depo of Herold in Alliance case

Ex 8 - Depo of Lanier in Alliance case

Ex 9 - Depo of Charles Ramsey in Alliance case

Ex 10 - MPD General Order

Ex 11 - Depo of Passacantando

Ex 12 - Djeddaoui Prichard Affidavit

Ex 13 - Casey Legler Affidavit

Ex 14 - Norton Affidavit

Ex 15 - Wood Affidavit

Ex 16 - Canales Affidavit

Ex 17 - Swanson Affidavit

Ex 18 - Phelan Affidavit

Ex 19 - Durham Affidavit

Ex 20 - Young Affidavit

Ex 21 - Prisoner Control Plan

Ex 22 - Depo of Barham

Ex 23 - Depo of Garcia-Spitz

Ex 24 - Depo of Jackson

Ex 25 - Depo of Djeddaoui Prichard

Ex 26 - Depo of Young

Distinct from the wrist-to-ankle restraints used at the Blue Plains facility, the First Amended Complaint also alleges that the handcuffs used on Class Members to cuff their wrists on the busses were excessively severe and painful.

The materials linked to in this FAQ are record materials that you may find to be useful to bring to your tax preparer or in support of your tax filings. You should, of course, also gather any information that relates to your individual circumstances, personal narratives, medical bills or expenses, any information that relates to the physical injury you may have experienced.

Q:  Does the Settlement award in this case include Punitive Damages?

A:  No.

Q:  Will the records of my arrest in Pershing Park be expunged; will my arrest be nullified?

A:  Yes.

Arrest annulment relief was granted by Court Order dated January 28, 2008 (Dkt. No. 405). Among other relief set forth in that Order, the Court did declare that
“The arrests of the Barham Plaintiffs and the absent Class Members are hereby declared null and void. Each of the Barham plaintiffs and the individual absent Class Members is authorized to deny the occurrence of his or her arrest that day, without being subject to any penalty of perjury, fraud or other offense premised upon misrepresentation or deception in response to any inquiry, whether posed orally or in writing. These rights accrue to the full benefit of any absent Class Member regardless of whether an individualized entry of a nullification order is entered.”
A copy of the January 28, 2008 order is available by clicking here.

The District of Columbia previously agreed to take appropriate steps to expunge (i.e., seal or remove) or procure expungement of the September 27, 2002 arrest records of any Pershing Park Class Member, including those in the possession of the United States Government, including the Federal Bureau of Investigation.

The FBI has previously reported to Class Counsel the steps it undertook to expunge the arrests of Class Members, including both identified arrestees as well as those identified solely as Jane or John Does, from its criminal history information systems. The FBI is now re-confirming that there are no records in its Criminal Justice Information Services Division information systems containing records of an arrest of any Class Member made by the MPD on or about September 27, 2002. Upon completion of this review, the claims against the FBI will be dismissed.