Loading...
HomeMy WebLinkAboutMINUTES - 08082006 - C.14 • I CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY I BOARD ACTION: AUSr 08, 2006 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section to L5C1 V The copy of this document mailed todocumentCalifornia Government Codes. I you is your notice of the action taken JUL U 6 2006 on your claim by the Board of Supervisors. (Paragraph IV below), COUNTY COUNSEL given Pursuant to Government Code MARTINEZ CALIF. Section 913 and 915.4. Please note all AMOUNT: ONE MILLION DOLLAR "Warnings". CLAIMANT. SHERICE HUNTER ATTORNEY: UNKNOWN DATE RECEIVED: JULY 06, 2006 ADDRESS: 5102 SPRINGCREST COURT BY DELIVERY TO CLERK ON: JULY 06, 2006 ANTIOCH, CA 94531 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JULY06 2006 JOHN CULLS Dated: ' By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Selpervilsors PAe%�?AMy ( 4--This clain0complies Substantially with Sections 910 and 910.2. ( ) This Claim FAILS to I omply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). O Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). (Other: C W r+'t 15 ora/U �b MY 4r'- C 14;*i S OCC Urnr)4 oh // C14& priar�v //to o� a re- Dated: By: m Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ). Claim was returned as untimely with notice to claimant (Section 911.3). IV. OARD ORDER: By unanimous vote of the Supervisors present: (✓ This Claim is rejectedi in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: �d 6 JOHN CULLEN, CLERK, By Deputy Clerk WARNIN (Gov. code section 913) Subject to certain exceptions,yoIu have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of au attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediately. *For Additional Wanting See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age I8; and that today I deposited in the United States Postal Service in DIai•tinez, California, postage fully prepaid a certified copy of this Board Order milt Notice to Claiurant, addressed to the claimant as shown above. Dated: ��I .IOHN CULLEN, CLERK By eputy Clerk OFFICE"OF THE COUNTY COUNSELSILVANO B.MARCHESI s_ L COUNTY OF CONTRA COSTA �+ _ °.� CourvTv CourvseL Administration Building 651 Pine Street, 911 Floor » a SHARON L. ANDERSON - - CHIEF ASSISTANT Martinez, California 94553-1229 (925) 335-1800 A; I1`I",b 4 :� GREGORY C. HARVEY (925) 646-1078 (fax) �� .._ '�' VALERIE J. RA ASSISTANTS �Y NOTICE OF UNTIMELINESS AS TOA PORTION OF THE CLAIM TO: Sherice Hunter 5102 Springcrest Court Antioch, CA 94531 Please Take Notice as Follows: In regards to the claim you submitted on July 6, 2006, portions of your claim are timely and portions are untimely. The portions of your claim prior to January 6, 2006 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2, because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to January 6, 2006 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. Your only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice ofan attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. SILVANO B. MARCHESI COUNTY COUNSEL By: 0 (.8�— Monika L. Cooper Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229. On July 20, 2006, I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to Sherice Hunter 5102 Springcrest Court, Antioch, CA 94531, as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on St4 2"b at Martinez, California. athleen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 q" .? BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more(than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By: Reserved for Clerk's filing stamp 8hcrk e, ffurt/er' �E Against the County of Contra Costa or ) JUL0 /Jrp1� �( 6 2�o6 , Ch.I({ y 1 �i��UFarr) 7lL �I u c�rUistrlct) CONq CPS P R1 rSFR1 (FUI in! e 0 1 ) OSTq CO iSORS The undersigned claimant hereby lakes claim against the County of Contra Costa or the above-named y district in the sum of$0 tie, M1��1�h and in support of this claim represents as follows: Y I UCtC f� Y'1(A ad vtolaw ctnd m1, (c MlIy IV) &016.er . � &M on rneckl&('6ora JJ �J 1. When did the damage o�injury occur? (Give exact date and hour) $12�`pfj an iiecdemcr. -f' ooi 12-10-c7t},�tert2 CreaC mss 0f CL e ahm QS �.►- pro�e�,� or��Alm, 92. Whe ir�ag bii� ocu�i?CncluSty�a dot 3�tlo�og 1 � rly�►{S C " A(\-Voch , Q04. v tovt . C�5 3. How did the damage or injury occur? (Give full details; use extra paper if required) 8IneCo� Prov tc�ec'l 4. What particular act or omission on the part of county or district off rs, servants, or employees caused the injury or damage?�r\\xk_ ,l� r 1p�Ac�j C�COV IC��`n� �n���•�0.� � IE,fX.EEVnJ c(, J �•c�f� sk�ess =,I! �^9 5 What are the f co ty or district officers, servants, or employees causing the damage or injury? C)Akk in ,,, „� ,Q .�Gl,VV1t�(,( CJ �) IC.eb 1 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) An fp 1ep�a �rwuc� r�c�+n-lam ate' � J�� 7. " How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage)) V i o�e� o� © ep-rw�t j, rtg�� ack Ck. c,O� &0 `J 8. Names and addresses of witnesses, doctors, and hospitals: amcour+ -a 9. Lis l th� S ndbtls yCou mal&on ac�obunt oAhis acMdent o�ey DATE TIME AMOUNT Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney " ) (Claimant's Signature) (Address) > AfthtTA Pia Telephone No. ) Telephone PUBLIC RECORDS NOTICE: Please be advised that this claim form,for any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the CaliforniaPublic Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplemen)ts attached to the claim form, including medical records, are also subject to public disclosure. •....o.............................■ ...................................... . NOME....N NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by is fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. �\exre Creara11ecjed S bei A•t�sVyj Cour , � err- cc�,\�e� 3r� ��c� dep6. e� ves�d ak AJAe A-tml"1 W\\o `%Oed CL `��-le�h ori pr&P r C.Ac CU \bk Nle) btc ausc- -VAe oK-t cer Sri Sci,�V Se n sL �Y- C.4L 6"LkL�'_ -Me khv0`yerne + e-- e; )S kv\ VA On 3[1-gX05 k wenA � _-t�E- �\c5�AOA ODtkh a rush c�,�l o n xlkswc�s Carex ��uc�v�c�� cu�kin Anc�l��eo��cjj�•em�"��eir� all�rc��C. �-evAmn un-as %C seuercuk v:3h,� voexre rt ec OUA • eloh 4xe V4SPt u.' 0� on S�er�-� V �cct�Ftr�ns tai- JOb• 1IzooS. Z we�k VA&%- 0%1-\ S era, ou-clam's - -o 4V\e. � l Af a be.r�r� P of Cxrec4S O ftk, " Cu\ mc� A� rou* C'� kn1 t,�4 nne Ab a 4n 4kS r\ Or Oc}ober vwho vDeey\. 3kAcjto rnk� VWOLV,%W- s act- Was UWCt-Eery. CT)S (A)KO Sl sc M4 Cre�.r i,�►now� a Def reskvu�r�r9 order pn t�, \- ttl aZCF6 on VvL(� reshtL mr� or-&er \k ucok, t-Or 0. yv\,(u ,Lv\ s GAS oLpe�"I^ dpi YW4- woy� -vo frou� �ttc W vie- Cidt rem, v&tn,kc�) T Oa[ p Ctue- CA- ww'A �vV�CA \0 v�na� oM Owe 1000�'1 be Cu�Se J©-� M�_ C.cP r 'S �nrP�r, S a�C� \V\Q c�Sk nce -Vv\� ats QAO dk 'Plerlre crecw hw S �CC0. >M K Ue, oYZ iMesscCctC' re - V�pne calvt) ak l ltv\ p�j4kff L45 I am cF,�;rc,�.1,c.Q 4E V� `� O"U :T- cLM reI O Ca,- bec Q&t O-C- C%-{5 cess Wmdx cep Cr .� I tQ o(e 1 CLAIM . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: AUGUST 08, 2006 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section The copy of this document mailed to California Government Codes. j �5� V t you is your notice of the action taken 1 on your claim by the Board of JUL 7 2006 4 Supervisors. (Paragraph IV below), COUNTY COUNSEL given Pursuant to Government Code MARTINEZ CALIF. Section 913 and 915.4. Please note all AMOUNT: IN EXCESS OFi $25,000.00 "Warnings". CLAIMANT: JONATHAN LIN DER ATTORNEY: UNKNOwN DATE RECEIVED: JULY 07, 2006 ADDRESS: 111 AMBROSE AVENUE BY DELIVERY TO CLERK ON: JULY 07, 2006 BAY POINT, -CA 94565-3107 BY MAIL POSTMARKED: JULY 06, 2006, FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JULY 07, 2006 JOHN CULLEN, Cl k Dated: By: Deputy 11. FROM: County Counsels TO: Clerk of the Board of Sup rvisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely file. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). O Other: Dated: 7--' /2'0(00, By: _a70-60'ag, Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors` present: ( This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: m<P' BHN CULLEN, CLERK, By Deputy Clerk WARNIN Gov. cod6 section 913) Subject to cellaitl exceptions,you have ouly six(6)mouths front the date this notice was personally served or deposited in the mail to file'a court action on this claim.See Government Code Section 945.6.You may seek the advice of all attorney of your choice ill comtection with this matter. If you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under- penalty if peijuiy that lam now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United Slates .Postal Service in 16.11•tinez, California, postage fully prepaid a certified copy or this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: t a__0 JOHN CULLEN, CLERK By Deputy Clerk i July 6, 2006 City Manager Michael Ramsey's Office City Hall 100 Gregory Lane_ JUL 0 ,r CLERK BO Z006 Pleasant Hill, CA BOARD OF ApCO�ISORS 94523 Attention: Insurance Department BART Risk Management Department Post Office Box 12688 Oakland, CA 94604-2688 Walnut Creek City Clerk Post Office Box 8039 Walnut Creek, CA 94596 Deputy Clerk Emy Sharp 651 Pine Street, Room 106 Martinez, CA 94553 Re: NOTICE OF CLAIM AGAINST THE CITY OF i PLEASANT HILL, THE CITY OF WALNUT CREEK, BAY AREA RAPID TRANSIT, THE COUNTY OF CONTRA COSTA, BART POLICE AND THE CONTRA COSTA SHERIFF" pursuant to California Government Code §910, et seq. CLAIMANT'S NAME: JONATHAN LINDER ADDRESS TO WHICH NOTICES ARE TO BE SENT: 111 Ambrose Avenue, Bay Point, CA 94565-3107 CLAIMANTS TELEPHONE NUMBER: 650-766-5855 DATE OF THE INCIDENT: January 12, 2006' LOCATION OF ACCIDENT OR INCIDENT: Pleasant Hill BART Station parking lot DATE, PLACE AND CIRCUMSTANCES GIVING RISE TO THE CLAIMS: At approximately 22:00 hours on January 12, 2006, while riding his bicycle, claimant was intentionally struck by Deputy Schwind's patrol car, knocking claimant to the ground and damaging claimant's bicycle, in the Pleasant Hill BART parking lot area directly across from the taxicab stand. Deputy Schwind then proceeded to assault claimant without cause in an extremely aggressive ;manner insisting that he was under arrest. Claimant was at no time combative, physically threatening or offensive. Claimant asked why he was being stopped, why the deputy had assaulted him with his vehicle, why he was being physically assaulted by the deputy and why he was under arrest. After repeated questioning, the deputy finally claimed that he was arresting the claimant for "PC 148." Claimant requested to secure his property if he was to be arrested. Claimant was then attacked by numerous other government agents in response to his request and held down while a German Shepherd was allowed to attack him. At least one government agent videotaped the attack. Claimant was held down on the ground with his hands securely behind him by numerous government agents while the animal was allowed to continue to bite into claimant's right thigh, thrashing, tearing and terrorizing claimant. Thee animal's "handler" attempted repeatedly and unsuccessfully to command the animal to release his hold of claimant's leg for an extended period of time while the claimant begged for mercy. The claimant's personal belongings were strewn all over the scene of the attack. The claimant unsuccessfully requested the names of the parties involved. He also requested to speak to the officer in charge to no avail. Immediately after the vicious beating and dog attack a government agent, who identified himself only as "Officer Asshole," attempted to break the claimant's wrist for several minutes despite the claimant's pleas for mercy as he had recently severely injured that wrist. Claimant was forced to a medical vehicle and begged the medical practitiouei to save him from his brutal captors, who were trying to break his injured wrist,i and for medical care for his injured leg. The medical practitioner refused to provide treatment to the claimant. Claimant was then stripped of his pants in ;the public parking lot in plain view of BART passengers who stopped to spectate and forced to remain in that humiliating position for some time. Claimant was forced into a vehicle and left to bleed in agony for over an hour while numerous government agents loitered, threatened and berated him for being a college student and residing in Berkeley and more than one government agent expressed a desire for the animal to have done greater injury to claimant. Claimant was finally transported to an emergency room. Claimant was denied water for hours despite his pleas of dehydration due to the traumatic, prolonged assault and resulting blood loss. Claimant then spent nearly 20 hours in jail. No citations were issues. No charges were filed. 1 DESCRIPTION OF INJURIES AND DAMAGES: 1. Pain; 2. Suffering; 3. Out of pocket expenses; 4. General damages; 5. Attorneys' fees; 6. Statutory damages; 7. Costs; and 8. Punitive damages in amounts to be determined according to proof. POTENTIAL CLAIMS: The acts and or omissions as alleged herein give rise, or may give rise, to causes of action or claims on behalf of the Claimants which include, but are not limited to: 1. Police profiling/discrimination; 2. Malicious inteint; 3. Wanton infliction of pain; 4. Assault with a deadly weapon — police car; 5. Assault with a deadly weapon — police dog; 6. Unnecessary/unlawful use of force; 7. Excessive force; 8. Police brutality; 9. Abuse of authority; 10. Loss of familial association; 11. Negligence; 12. Battery; 13. Aggravated battery; 14. Assault; 15. Aggravated assault; 16. Mayhem; 17. Violence; 18. Denial of prompt and necessary medical care; 19. Denial of prescribed medications; 20. False arrest; 21. False imprisonment; 22. Unlawful entry and search; 23. Violations of civil rights, including but not limited to rights under the Fourth and Fourteenth Amendments to the United States Constitution; 24. Violation of the right to privacy, including but not limited to rights under the Third, Fourth, Eighth and Ninth Amendments to the United States Constitution; 25. Violations of California Civil Code §§51, 51.7, 52, 52.1; 26. Violations of 4'2 USC §§1983, 1985-6, 1988; 27. Disparate treatment; 28. Deliberate indifference; 29. Unconstitutional customs and policies; 30. Inadequate training,isupervision, discipline and/or retention; 31. Improper/inadequate handling/use of police canine; 32. Discrimination on the basis of race or ethnicity; 33. Intentional infliction of emotional distress; 34. Negligent infliction of emotional distress; 35. Violations of the California Constitution; and 36. Violations of California Welfare and Institutions Code §§15600, et seq. NAMES OF PUBLIC EMPLOYEE(S) BELIEVED TO HAVE CAUSED INJURIES OR DAMAGES: Contra Costa County Sheriffs Deputy Schwind, government agent self-identified as "Officer Asshole" Police Department officers, employees and Sergeants whose true names are unknown at this time. DEMAND FOR PRESERVATION OF EVIDENCE: Claimant hereby demands that the City of Pleasant Hill and the County of Contra Costa and the Pleasant Hill BART and Walnut Creek Police Departments and Sheriff's Departments, including its employees, agents, servants and or their attorneys, maintain and preserve all evidence, documents and tangible materials which are and or may be relevant to the subject matter of this Claim during the pendency of this matter, up to and including such time that of the completion of any and all civil litigation arising from the events which are the subject of this Claim. This demand for preservation of evidence includes, but is not limited to, a demand that all police department and or other public safety communications tapes be preserved from the initial stop through the pursuit including post-evenit investigation. AMOUNT OF CLAIM: Claim is in excess of$25,000.00. Jurisdiction is in the Superior Court of California for the City of Pleasant Hill and the County of Contra Costa, and or the United States District Court for the Northern District of California. By: JONATHAN LINDER I N C - :t 7 .r' NN 00 ::D U v` 4 \ \ \ try Y {� V