Frequently Asked Questions

The supplemental Notice to Class Members concerns certain deadline extensions and further explains your legal rights under the Edna Mahan Correctional Facility for Women class settlement agreement, including the release that all Class Members who do not opt out are giving to the New Jersey Department of Corrections as a condition of the settlement.

Class action lawsuits captioned Nobles, et al. v. Anderson, et al., Docket No. HNT-145-19 (formerly MER-L-2644-17) and Brown, et al. v. State of New Jersey Department of Corrections, Docket No. HNT-76-19 (formerly MER-503-18) (collectively, the “Lawsuit”) were filed in the Superior Court of New Jersey, Hunterdon County on behalf of all women inmates who are or were, at any time since January 1, 2014, incarcerated at Edna Mahan Correctional Facility for Women (“EMCFW”), a prison for women operated by the New Jersey Department of Corrections (“NJDOC”) in Union Township, New Jersey (the “Class”). The plaintiffs in the Lawsuit allege that all female prisoners at EMCFW were subjected to a pattern and practice of sexual abuse and harassment by NJDOC staff since 2014 and that NJDOC administrators failed to prevent, halt or remedy such conduct. NJDOC and its representatives deny any wrongdoing and deny the claims and allegations asserted in the Lawsuit. On November 19, 2021, the Superior Court of New Jersey approved the settlement of the class action lawsuits.

The class settlement agreement only applies to Class Members who do not opt out. Class Members include only those women who were incarcerated at EMCFW for one day or more starting at any time since January 1, 2014 and who has never filed a lawsuit or tort claims notice against NJDOC or prison officials for claims relating to sexual harassment, sexual abuse, hostile environment based on sexually improper conduct or gender discrimination or retaliation for reporting such conduct at EMCFW.

If you are not sure whether you are a Class Member, or have any other questions about the Settlement, you should review the Settlement Agreement or call the Settlement Administrator toll-free at 1-844-810-1507.

Tier 1 – The parties have agreed that each Class member who submits a claim will receive compensation of at least $1,000 plus $20 per month (or partial month) that she was assigned to EMCFW since January 1, 2014, regardless of whether she directly experienced sexual abuse or sexual harassment. Class members who were the direct victims of sexual abuse or sexual harassment at any time since 2014 can submit claims for increased compensation that will be decided by a special master as set forth below in Tier 2 and 3.

Tier 2 – A Class member who claims to have been the victim of sexual harassment must submit a sworn affidavit or certification about her claim, has the option to submit supporting documentation and request a hearing before the special master, and may receive total compensation up to $4,500. 

Tier 3 – A Class member who claims to have been the victim of sexual abuse must submit a sworn affidavit or certification about her claim with supporting documentation, must participate in a hearing before the special master, and may receive total compensation up to $250,000.

The Settlement provides both monetary damages and injunctive relief to all Class Members. After the Court grants final approval of the Settlement, each Settlement Class Member who timely submits a valid Claim Form and a personal affidavit or certification as described above will be entitled to monetary compensation depending on the selected Tier. In addition to financial compensation, Defendant has agreed to implement a system of body cameras to be worn by all NJDOC staff who regularly come in contact with inmates assigned to EMCFW. 

The class settlement agreement only applies to Class Members who do not opt out. Class Members include only those women who were incarcerated at EMCFW for one day or more starting at any time since January 1, 2014 and who has never filed a lawsuit or tort claims notice against NJDOC or prison officials for claims relating to sexual harassment, sexual abuse, hostile environment based on sexually improper conduct or gender discrimination or retaliation for reporting such conduct at EMCFW. Class Members can decide to opt out of the class settlement, which means that they will not be treated as a Class Member. In exchange for paying compensation under the class settlement agreement, the State of New Jersey, NJDOC, and their representatives will receive a release of claims from all Class Members. A release like this is standard in any class action settlement, and there would not be any settlement compensation without a release.

The release only applies to Class Members who do not opt out and is limited to claims relating to allegations of sexual harassment, sexual abuse, hostile environment based on sexually improper conduct or gender discrimination or retaliation for reporting such conduct at EMCFW. This includes claims for violations of civil rights based on allegations of sexual harassment, sexual abuse, hostile environment based on sexually improper conduct or gender discrimination or retaliation for reporting such conduct at EMCFW; violations of the New Jersey Law Against Discrimination based on sex or gender; or tort claims based on allegations of sexual harassment, sexual abuse, hostile environment based on sexually improper conduct or gender discrimination or retaliation for reporting such conduct at EMCFW. The release only applies to claims relating to events that happened or happen on or before January 10, 2022. Please note that this release does not prohibit separate civil rights, discrimination, personal injury, or property claims that do not relate to any sexual misconduct.

If a Class Member either files a claim under Tier 1, Tier 2, or Tier 3 or fails to file claim but does not opt out of the Settlement on or before January 10, 2022, she is forever barred from filing a lawsuit or claim against Defendants for claims relating to sexual harassment, sexual abuse, hostile environment based on sexually improper conduct or gender discrimination or retaliation for reporting such conduct at EMCFW up to January 10, 2022. If an individual claim, lawsuit, or tort claims notice is filed by a Class Member by January 10, 2022, that person will not be a Class Member eligible for compensation because they have elected to pursue an individual claim. If an individual claim or lawsuit subject to the release is filed by a Class Member after January 10, 2022, that claim or lawsuit would be subject to dismissal due to the release under the class settlement agreement.

If you do not want to be bound by the release, you need to either file a separate lawsuit or tort claim notice for claims relating to sexual harassment, sexual abuse, hostile environment based on sexually improper conduct or gender discrimination or retaliation for reporting such conduct at EMCFW up to January 10, 2022 or submit a form to opt out of the class settlement as set forth below. Opting out allows you to assert individual claims, but you would not receive any compensation under the settlement agreement.

You may choose to submit a claim and receive compensation under the class settlement agreement. There are different criteria, compensation levels, and requirements for each Tier that are summarized above in Question 5 and in the original class notice. You must complete all sections of the Claim Form and select a Tier for your claim. You can also request free pro bono assistance for a claim under Tier 2 or Tier 3. You must then sign the certification and mail the Claim Form to the Settlement Administrator at the following address by January 10, 2022:

EMCFW Settlement Administrator
PO Box 3595
Baton Rouge, LA 70821

You may choose to opt out of the class settlement agreement. You must complete the Opt-Out Form, sign it, and mail it to the Settlement Administrator at the following address by January 10, 2022:

EMCFW Settlement Administrator
PO Box 3595
Baton Rouge, LA 70821

Alternatively, you can opt out of the settlement by filing an individual lawsuit by January 10, 2022 that alleges sexual harassment, sexual abuse, hostile environment based on sexually improper conduct or gender discrimination or retaliation for reporting such conduct at EMCFW on or before January 10, 2022. If you opt out, you will not receive any compensation but you will not be bound by the release under the class settlement agreement as set forth above. DO NOT SUBMIT THE OPT-OUT FORM IF YOU WANT TO RECEIVE COMPENSATION UNDER THE CLASS SETTLEMENT AGREEMENT.

You may file a motion with the court for permission to intervene in this Lawsuit if you wish. You do not have to intervene. If you do not intervene in this case, your interests will be represented by Class counsel. 

Yes, but not if you exclude yourself from the Settlement Class. If you are a Class member, you can object to any part of the Settlement if you do not think it is fair, reasonable, or adequate. To object to the Settlement, you must submit a written objection to all addresses below. Your written objection must contain: (a) the name of this Lawsuit; (b) your full name, current address, and telephone number; (c) your signature; (d) the specific reason(s) for your objection. To be timely, a written objection must be postmarked no later than September 14, 2021.

If you want to be heard orally in opposition to the settlement, either personally or through counsel, you must indicate your intention to appear at the hearing in your written objection.

If you do not file a claim or opt out by January 10, 2022, you will not receive any compensation but you still will be bound by the release under the class settlement agreement. 

On November 19, 2021, the Superior Court of New Jersey approved the settlement of the class action lawsuits captioned Nobles, et al. v. Anderson, et al., Docket No. HNT-145-19 (formerly MERL-2644-17) and Brown, et al. v. State of New Jersey Department of Corrections, Docket No. HNT-76-19 (formerly MER-503-18). 

As outlined within the Settlement Agreement, each Class Member who submitted a valid and timely claim will receive compensation of at least $1,000. Class settlement payments are expected to be taxable, so each Class Member is required to provide a full Tax Identification Number (which is your Social Security Number) before the Settlement Administrator can make any payment to which you may be entitled. 

If you received the notice with a request for IRS Form W-9, you may complete and submit your Tax ID information HERE. You will need the SBI Number provided in the top left corner of the Notice sent to you. Your Form W-9 information must be submitted by no later than May 13, 2022.

You may also print and fill out the IRS Form W-9. A printable Form W-9 can be downloaded HERE. Please include your ten-digit SBI Number in Box 7 of the W-9. Your completed Form W-9 should be mailed to the following address: EMCFW Settlement Administrator, PO Box 3595, Baton Rouge, LA 70821. Your Form W-9 must be received or postmarked by no later than May 13, 2022, or any Settlement payment may be delayed.

Hearings before the Special Master for Tier 2 claims with a hearing request and Tier 3 claims are expected to begin on July 5, 2022, and will be held via Zoom Video Conference. If you submitted a timely and valid Tier 2 claim with a hearing request or a Tier 3 claim, the Settlement Administrator will send you a Notice with your scheduled hearing date, time, and instructions at least 60 days before the hearing date.

Under the terms of the Settlement Agreement, a Class Member that submitted a timely and valid Tier 2 claim with a hearing request or a Tier 3 claim has the option to submit documentation in support of her claim. Any supporting documentation must be mailed to the Settlement Administrator and received no later than 30 days before the scheduled hearing date. The supporting documentation should be mailed to the following address: EMCFW Settlement Administrator, PO Box 3595, Baton Rouge, LA 70821.

Visit the Court Documents page of the Settlement website to see complete copies of case-related documents, including a copy of the Settlement Agreement. You may also contact the Settlement Administrator:

By Phone: 1-844-810-1507                                    By Email: info@EMCFWsettlement.com

By Mail:

EMCFW Settlement Administrator
PO Box 3595
Baton Rouge, LA 70821

Please do not write or telephone the Court, Defendants, or any of their agents for information about the proposed settlement or this lawsuit.