MANEY ET AL V. BROWN ET AL

CASE No. 6:20-cv-00570-SB

IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF OREGON - EUGENE DIVISION

Frequently Asked Questions

  1. WHY DID I RECEIVE THE NOTICE?

    You are receiving the notice because you have been identified as a class member in a class action called Maney et al. v. Brown et al., Case No. 6:20-cv-00570-SB. The notice explains that a court has certified the case as a class action that may affect you if you were incarcerated in an Oregon Department of Corrections facility and contracted COVID-19 between February 1, 2020, and May 31, 2022. If this describes you, you may have legal rights and options before the court makes any decisions on the merits of this matter.

  2. WHAT IS A CLASS ACTION?

    In a class action, one or more people called “Class Representatives” (in this case, Paul Maney, Gary Clift, Theron Hall, and David Hart) sue on behalf of others who may have similar claims. The lawsuit is intended to resolve the issues for all class members, except for those who choose to be excluded from the class. All class members who do not choose to be excluded are bound by the results of the lawsuit.

  3. WHAT IS THIS CLASS ACTION ABOUT?

    In this case, several currently and formerly incarcerated people, including Paul Maney, Gary Clift, Theron Hall, and David Hart, have sued state officials and the State of Oregon claiming that state officials violated their Eighth Amendment rights and negligently caused them harm by failing to take steps to protect incarcerated people from COVID-19. The lawsuit is proceeding as a class action.

    Case documents, including the current complaint and the defendants’ current answer, can be viewed on the Important Documents page. For more information, you can also contact the lawyers for the class at the addresses and phone numbers listed in FAQ 6 below.

  4. WHO REPRESENTS THE CLASS IN THIS CASE?

    The court has appointed the following lawyers to represent class members:

    David Sugerman
    Nadia Dahab
    SUGERMAN DAHAB
    707 SW Washington Street, Ste. 600
    Portland, OR 97205
    (503) 228-6474

    Juan Chavez
    Brittney Plesser
    Franz Bruggemeier
    Alexander Meggitt
    Benjamin Haile
    OREGON JUSTICE RESOURCE CENTER
    P.O. Box 5248
    Portland, OR 97208
    (503) 944-2270

    Please call any of the attorneys listed above with questions about the case or the notice. Depending on your location, you may also be able to use the toll-free number below to request more information. Please do not call the defendants or the court.

    Case Hotline: 1-855-554-0667 (toll-free)

  5. HAS THERE BEEN A DECISION ON THE MERITS?

    No. The court has not decided whether the defendants did anything wrong, or whether any class members are entitled to any relief or damages.

    The lawyers for the class have the burden of proving the plaintiffs’ and the class’ claims at a trial. The trial has not yet been scheduled. During the trial, a jury will hear the evidence so that a decision can be reached on the claims.

  6. WHAT ARE CLASS REPRESENTATIVES IN THE CASE SEEKING?

    Plaintiffs seek to recover money damages from state officials and the State. No money damages have been awarded at this time.

    If the lawyers representing the class obtain money damages for the class, they may also ask the court for attorneys’ fees, costs, and expenses. If the court grants their request, the fees, costs, and expenses may be deducted from any recovery obtained for the class or paid by the defendants.

  7. WHAT ARE MY OPTIONS?

    At this time, no judge or jury has concluded that any defendant did anything wrong. There has been no decision on the merits of the claims. If you are a class member, however, you have a choice to make now:

    If you do nothing now, you will be included in the case and will remain a member of the class. You will be bound by any decision made in the case. You may later be required to file a claim form or participate in part of a trial.

    If you do not wish to be included in the class, and instead wish to be excluded from the class, you must do one of the following:

    1. Send a letter requesting to be excluded from the class to the address below, postmarked by November 4, 2022:

      Maney v. Brown Claims Administrator
      Attn: Exclusions
      P.O. Box 58220
      Philadelphia, PA 19102

      OR
    2. Alternatively, you can complete the “Exclusion Request” form. The form must be completed by November 4, 2022.

  8. WHY MIGHT I ASK TO BE EXCLUDED?

    If you retained your own lawyer or filed a separate lawsuit for harm caused by COVID-19 while incarcerated, you might choose to exclude yourself to pursue your own case. You should discuss this with your lawyer.

    If you exclude yourself from the class—which is sometimes called “opting-out” of the class—you will not be legally bound by the court’s judgment in this case. You will retain your rights to file a claim independently.

    If you pursue your own lawsuit after you exclude yourself, you may need to hire your own lawyer to prove your claims in that suit.

  9. DO I NEED TO GET MY OWN LAWYER?

    If you stay in the class, you do not need to hire your own lawyer, because the lawyers appointed by the court are required to represent your interests. But, if you want your own lawyer, you should feel free to hire another lawyer to represent your interests.