HOW TO MAKE A CLAIM

If you believe that you have a claim which qualifies you to participate in the Neal Class Action claims process, you must file a Claim Form, either a “short” form or a “long” form. Your original signed Claim Form must be received by August 14, 2009. Letters are not claim forms. Faxes are not originals. There are more directions in the forms. 

Should I File a Short Form or a Long Form for a Claim?

If you have previously completed a Neal Class Member Questionnaire, and your questionnaire adequately represents your claim, you may complete the Short Form. Click here for the Short Form (in pdf format). If you are not sure, or believe that your previous questionnaire does not adequately represent your claim(s), you must complete the Long Form. Click here for the Long Form (in pdf format)

You must complete either the Short or Long Form and get the original signed form delivered (not by fax) by August 14, 2009 to be considered. Faxed forms must be followed by the original signed form so that the original signed form (not the fax) is received by August 14, 2009.

Filing on Behalf of Another. If you are filing a claim as a court appointed personal representative of a class member, you must fill out the long claim form to the best of your ability, including any documentation in your possession or to which you have access, together with evidence that you are the court appointed representative of the class member.

All claims will be subject to verification and making a claim is making a legal representation to the Court. Only claims that can be verified will be compensated.

As explained in the Plan of Allocation, you will only be entitled to participate in one of the three injury pools described below.

Your Claim Form should describe the incident or incidents that fall into the highest pool that applies to you. For example, if you were subjected to an assault which falls into Pool 2, you should not describe incidents which fall into Pool 3. Only those events which occurred between March 27, 1993 and August 14, 2009 involving male staff of the MDOC should be included in your claim form.

• Pool 1 Sexual intercourse, oral sex, digital penetration (penetration with a finger)
   
• Pool 2 Cross-gender pat-downs, groping by a male employee of the Department, subjected to a male employee purposefully exposing his genitals and/or masturbating, forced to touch the genitals of a male employee of the Department, or attempted sexual assault
   
• Pool 3 Sexual harassment includes physical gestures, sexually degrading language, and privacy violations such as leering, observing while showering, dressing, using toilet, etc.