Schilling v. Transcor America LLC et al

Filing 220

ORDER APPROVING PLAN TO PROVIDE CLASS NOTICE re 219 Proposed Order filed by William Tellez, Kevin M. Schilling, John Pinedo. Signed by Judge Susan Illston on 12/12/12. (Attachments: # 1 Exhibit)(tlS, COURT STAFF) (Filed on 12/12/2012)

NOTICE OF TERMINATION OF CLASS ACTION
AGAINST TRANSCOR AMERICA, LLC
TO: ALL INMATES AND DETAINEES WHO WERE TRANSPORTED BY
TRANSCOR AMERICA, LLC FOR MORE THAN TWENTY-FOUR (24)
HOURS CONTINUOUSLY
If you were transported by TransCor America, LLC from a jail, prison, or state hospital in
restraints, remained in the vehicle for more than 24 hours, and were deprived of overnight
sleep in a bed between February 14, 2006, and the present, you were a member of a class
action that was recently terminated in federal court in San Francisco, California. YOU
MUST NOW YOUR OWN ACTION IF YOU WANT TO PRESERVE YOUR
RIGHTS. TIME IS OF THE ESSENSE SO YOU MUST PROCEED IMMEDIATELY!
WHAT HAPPENED?
A case was filed in federal court, in the District Court for the Northern District of California,
on February 14, 2008, against TransCor America, LLC, by Kevin M. Schilling, John Pinedo,
and William Tellez; on behalf of themselves similarly situated, alleging that the conditions of
transport violated the Constitutional prohibition of cruel and unusual punishment when
inmates were transported for more than 24 hours, fully restrained, and deprived of overnight
sleep in a bed. The case was initially certified to proceed as a class action and the statute of
limitation was then tolled for all persons in the class.
On August 8, 2012, the Court granted the defendants’ motion for summary judgment, finding
that the mere fact that a person was transported, restrained, and denied overnight sleep in a
bed for 24 hours did not violated the Eighth Amendment. On October 11, 2012, the Court
denied plaintiffs’ motion to amend the class certification order to establish classes of persons
transported for two, three, four or more days. The effect of these orders is to restart the clock
ticking on the statute of limitations applicable to claims of persons who had been in the
originally certified class. Those claims may be barred by the mere passage of time, unless
you take immediate action to preserve your rights by filing your own action in court.
HOW DO I DETERMINE IF MY CLAIM IS BARRED?
The statute of limitations is very tricky and varies from state to state. Generally, the statute
begins to run when you were injured (the date of your transport). You then have a certain
amount of time to pursue your claim by filing an action in court. Sometimes, this period is
extended by state statute because of confinement or disability, but these statutes vary from
state to state. Sometimes, you must first exhaust administrative remedies by using the prison
or jail’s grievance procedures, if available. If this class action was filed before your right to
file a claim expired, the time to file was stayed or tolled until the court’s recent actions when
the clock started ticking again. That’s why you must immediately consult with attorneys to
find out how and when you must act in order to protect your rights.
WHAT HAPPENS IF I DO NOTHING?
If you do nothing, you will lose any right you had to seek relief, in court, for being subjected
to unconstitutional treatment during transport on a TransCor America, LLC vehicle.
WHAT DO I DO IF I WANT TO PROCEED?
If you want to pursue your remedies, you must immediately consult with counsel in the state
were you presently reside, in Tennessee where TransCor America, LLC has its corporate
offices, or in any state through which you were transported, to determine your rights.