WASHINGTON, D.C. — Relman Colfax is proud to announce that the U.S. District Court for the Eastern District of Virginia has granted final approval of the settlement in Puryear v. Dotson, a critical civil rights class action brought on behalf of individuals who were incarcerated by the Virginia Department of Corrections (VDOC) after they should have been released.
The lawsuit, filed on June 28, 2024, followed the release of Leslie Puryear in 2023 after he filed a petition for a writ of habeas corpus challenging VDOC’s refusal to credit him for the sentence reductions he had lawfully earned through the Earned Sentence Credit (ESC) program. His successful petition became the catalyst for broader change: VDOC ultimately adopted the legal position he advanced, recognizing that dozens of incarcerated individuals were currently entitled to release, and changing the way they calculate time for people with some offenses going forward.
This class action then sought to provide a remedy for the time this group had improperly been denied their freedom. In that time, class members missed irreplaceable milestones with family, lost economic opportunities, and suffered the trauma of over-incarceration without cause.
Because of the action, the court has now approved a final settlement that provides meaningful financial compensation to the 52 class members, with awards ranging from $1,000 to more than $50,000, and an average award of over $21,000. In recognition of his leadership in bringing the suit, the court also granted Mr. Puryear a $40,000 service award.
“I am proud to have spoken on behalf of those who were denied their freedom after earning it,” said Mr. Puryear. “We did the work. We followed the rules. We earned the credits, and then the system essentially turned its back on us. I had to stand up, not just for myself, but for every man who sat in a cell one day longer than he should have.”
“Our hope is this settlement vindicates the constitutional rights of individuals who suffered weeks, months, and even over a year of unnecessary imprisonment,” said Rebecca Livengood, lead attorney and Partner at Relman Colfax. “We are deeply grateful to Mr. Puryear for coming forward, sharing his story, and pushing for accountability. His bravery made this result possible.”
This final settlement is an important milestone in ensuring transparency, accountability, and dignity for all people impacted by the criminal legal system.