USMS $15 Million Settlement: What Claimants Need to Know

Will Gendron
Editor in Chief
Published
January 22, 2024 10:01 AM
Updated
June 23, 2024
USMS $15 Million Settlement: What Claimants Need to Know
Settlement Open for Claims
Award:
Varies
Deadline:
January 26, 2024
SUBMIT CLAIM

A recent class action settlement involving the United States Marshals Service (USMS) has been preliminarily approved, offering financial compensation and other relief to eligible African American Deputy U.S. Marshals, Detention Enforcement Officers, and applicants for Deputy U.S. Marshal positions. This settlement, overseen by the U.S. Equal Employment Opportunity Commission (EEOC), addresses claims of racial discrimination and provides a substantial fund to compensate those affected.

Who Benefits?
If you are a current or former African American Deputy U.S. Marshal, Detention Enforcement Officer, or a former applicant for a Deputy U.S. Marshal position from January 23, 1994, to November 27, 2023, you may be entitled to a portion of the $15 million settlement fund.

How much can I get?
The amount each claimant receives will be determined by a neutral third party and is contingent upon the terms of the proposed Settlement Agreement. The USMS will not be involved in the determination of individual payments.

Important Dates

  • Fairness Hearing: Scheduled for March 20, 2024, at the U.S. Equal Employment Opportunity Commission in Washington, D.C.
  • Deadline to File a Claim: January 26, 2024.

Eligibility for the Class Action Settlement

This settlement is designed to address the grievances of African American individuals who have faced alleged discrimination within the USMS. The affected practices include promotions, reassignments, and recruitment processes.

  • Current or former African American Deputy U.S. Marshals
  • African American Detention Enforcement Officers
  • African American applicants for Deputy U.S. Marshal positions

If your EEO complaint reached a final decision before November 27, 2023, you are not eligible for monetary or remedies under this settlement, except for Service Awards.

Claimable Awards for Class Members

Class Members are eligible for monetary compensation from the $15 million settlement fund. Additionally, the USMS has agreed to implement policy and practice changes to provide equitable relief.

  • Monetary Compensation: The settlement fund will distribute $15 million to Class Members.
  • Equitable Relief: Policy and practice changes will be implemented for eligible Class Members.

Subject of the Settlement

The settlement resolves claims of racial discrimination in the USMS's employment practices, including:

  • Promotions under the Merit Promotion Process
  • Management Directed Reassignments
  • Headquarter Division assignments
  • Hiring and recruitment for Deputy U.S. Marshal positions

Is Proof Required to Claim the Reward?

Claimants must submit a Claim Form by the specified deadline to be eligible for payment or other relief. The form requires execution under the penalty of perjury, ensuring the veracity of the claims made.

How to Claim Your Award

To claim your award, you must submit a Claim Form by January 26, 2024. Ensure that all instructions on the form are followed carefully and that any required documentation is attached.

Analysis of the Settlement Fund

The $15 million Settlement Fund is non-reversionary, meaning no part of it will be returned to the USMS. The fund will cover payments to Class Members, attorney fees, service awards, and other related costs.

Understanding the Class Action Settlement

The settlement stems from a lawsuit initiated by Matthew Fogg in 1994, alleging racial discrimination within the USMS. The agreement reached is a compromise to resolve these claims without further litigation and is not an admission of wrongdoing by the USMS.

For those affected, this settlement represents an opportunity for redress and a step towards ensuring fair employment practices within the USMS. If you believe you are eligible, it is crucial to act promptly to file your claim and secure your part of the settlement.

Notice Letter

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Status
Closed
Category
Civil rights
Settlement Amount
$15,000,000
Award
Varies
Is Proof Required?
TBD
TBD
Days Remaining to file Claim
Claim Deadline
January 26, 2024
Fairness Hearing
March 20, 2024
Final Approval Hearing
Case Number
EEOC No. 570-2016-00501X
Case Title
Fogg v. Garland
State
Court
Jurisdiction
Settlement Website
https://usmssettlement.com/
Claims Administrator
Fogg v. Garland Claims Administrator P.O. Box 10269 Tallahassee, FL 32302-2269 (833) 616-0397 claims@ssiclaims.com
Class Counsel
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