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SBCC Settlement

Diggs v. Mici, 4:22 CV 40003 MRG,
United States District Court, District of Massachusetts
Souza-Baranowski use of force in 2020

If you were incarcerated at SBCC and were subjected to a use of force from January 10, 2020, to February 6, 2020, a Class Action Settlement might affect your rights.

Diggs v. Mici is a class action lawsuit against the Massachusetts Department of Correction (“DOC”). It alleges that DOC correction officers used unconstitutional force against approximately 150 incarcerated individuals at Souza-Baranowski Correctional Center (“SBCC“) between January 10, 2020, and February 6, 2020. It also alleges that DOC discriminated against Black and Latinx incarcerated individuals during this period.

The parties have reached a settlement, which requires final approval by the Court. The Court has defined the Class as all individuals incarcerated at SBCC who were subjected to uses of force from January 10, 2020, to February 6, 2020, and a subclass as all Black and Latinx individuals incarcerated at SBCC who were subjected to uses of force from January 10, 2020 to February 6, 2020.

The parties have agreed to a settlement where the Commonwealth of Massachusetts will pay $6,750,000, inclusive of attorneys’ fees and costs, and DOC will implement agreed upon policy changes aimed at addressing claims of excessive force and racial discrimination by DOC staff. If the Court approves the settlement, then the Commonwealth of Massachusetts will pay $5,750,000 to Class Members and PLS will request that the Court approve $1,000,000 in attorneys’ fees and costs. Only Class Members may submit Claim Forms and receive payment.

If you believe you are a Class Member, DO NOT DELAY IN SUBMITTING A CLAIM FORM for determination. If you do not submit a claim by September 4, 2025, you will not receive a payment. Only if you submit a timely form and it is determined that you are a Class Member will you receive a payment.

What Are My Options?

Submit a Claim Form

— Deadline: September 4, 2025

You must submit a timely Claim Form and be determined to be a Class Member to receive payment. Claim Forms received after September 4, 2025 will not be considered for payment.

Object

— Deadline: September 4, 2025

Class Members can object to the settlement by submitting a written explanation of why you think the settlement is unfair. You must also submit a Claim Form if you wish to receive payment if the settlement is approved. Objections and Claim Forms must be received by September 4, 2025.

You must also submit a Claim Form if you wish to receive payment if the settlement is approved despite your objection and any other objections.

Opt Out

— Deadline: September 4, 2025

Class Members can choose to opt out of the settlement by submitting a written exclusion request that is received by September 4, 2025. If you opt out, you cannot submit a Claim Form and you will receive no payment under the settlement.

Do Nothing

You will not receive payment but Class Members will still be bound by the settlement. Class Members will not be able to pursue their own lawsuit arising from or in any way related to the facts alleged in the Complaint.