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 AM I RECEIVING THE NOTICE?

    You are receiving the notice because you have been identified as a beneficiary or personal representative of an estate that is involved in a class action called Maney et al. v. Brown et al., Case No. 6:20-cv-00570-SB. If you are:

    1. a child, spouse, or parent, or beneficiary of a person incarcerated at an Oregon Department of Corrections facility continuously since February 1, 2020, who died between February 1, 2020, and May 31, 2022, and for whom COVID-19 caused or contributed to their death; or
    2. the personal representative of an estate of a person incarcerated at an Oregon Department of Corrections facility continuously since February 1, 2020, who died between February 1, 2020, and May 31, 2022, and for whom COVID-19 caused or contributed to their death;

      your rights may be affected by this pending class action lawsuit.

  2. WHAT IS A CLASS ACTION?

    In a class action, one or more people called “Class Representatives” (in this case, Felishia Ramirez, the personal representative of the Estate of Juan Tristan) 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 exclude themselves from the class are bound by the results of the lawsuit.

  3. WHAT IS THIS CLASS ACTION ABOUT?

    In this case, Felishia Ramirez, the personal representative of the Estate of Juan Tristan, sued state officials and the State of Oregon claiming that state officials violated the Eighth Amendment rights of adults in Oregon Department of Corrections custody and negligently caused his death 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 IS INCLUDED IN THE CLASS?

    The members of the class include the estates of persons incarcerated at an Oregon Department of Corrections facility continuously since February 1, 2020, who died between February 1, 2020, and May 31, 2022, and for whom COVID-19 caused or contributed to their death.

  5. WHAT IS AN ESTATE?

    An estate is a legal entity that, through a “personal representative,” administers the affairs and distributes the property of a person who is deceased.

    An estate may file claims on behalf of the deceased person. Any money damages recovered through those claims are distributed to the beneficiaries of the estate. The beneficiaries of the estate include any living children, spouse, or parents of the deceased person.

    An estate must be created by a court. Every estate must have a personal representative, who is appointed by the court when the estate is created. A personal representative can make decisions on behalf of the estate, including the decision to exclude the estate from a class action.

  6. WHO REPRESENTS THE CLASS IN THIS CASE?

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

    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 for additional information relating to the case and the notice. Please do not call the defendants or the court.

  7. WHAT IS THE CLASS REPRESENTATIVE IN THIS CASE SEEKING?

    The class representative is seeking 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.

  8. 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.

  9. WHAT SHOULD I DO NOW?

    Please read these instructions carefully. Because class members have a limited amount of time to exclude themselves from the class, you should take the following steps immediately.

    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. But if you are a child, spouse, parent, or beneficiary of a person who died with COVID-19 while in Oregon Department of Corrections custody, there are steps you need to take right now:

    1. If you are represented by an attorney on matters relating to the notice, please give the notice to your attorney.
    2. If you are not represented by an attorney, and no estate has been created for the deceased person, please contact an attorney of your choice or the attorneys for the class as soon as possible. Contact information for the attorneys for the class is below.

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

    3. If you are not represented by an attorney, but an estate has been created, please have the personal representative of the estate contact an attorney of their choice or the attorneys for the class (at the address and phone number above) as soon as possible.

  10. WHAT IF I WANT TO BE EXCLUDED FROM THE CLASS?

    If you wish to be excluded from the class, you should follow the instructions below immediately:

    1. If you are represented by an attorney on matters relating to the notice, please give the notice to your attorney.
    2. If you are not represented by an attorney, and no estate has been created for the deceased person, please contact an attorney of your choice or the attorneys for the class as soon as possible. An attorney can assist you in determining whether and how you can be excluded from the class. Contact information for the attorneys for the class is below.

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

    3. If you are not represented by an attorney, but an estate has been created, please have the personal representative of the estate contact an attorney of their choice or the attorneys for the class (at the address and phone number above) as soon as possible. An attorney can assist the personal representative in determining how to exclude the estate from the class.

    If the estate is excluded from the class—which is sometimes called “opting-out” of the class—the estate will not be legally bound by the court’s judgment in this case. The personal representative will retain the rights to file a claim independently on behalf of the estate.

  11. WHAT IS THE DEADLINE TO ASK TO BE EXCLUDED FROM THE CLASS?

    Class members have until November 4, 2022 to request to be excluded from the class. That decision must be made by someone authorized to make decisions on behalf of the estate. For that reason, you should follow the instructions set forth above and contact an attorney of your choice or the attorneys for the class as soon as possible.