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HomeMy WebLinkAboutMINUTES - 06042002 - C.24 Roderick Coleman CLAIM ^� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: June 4, 2002 :Maim Against the County, or District Governed by ) :.he Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT end Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given D � ff uant to Government Code Section 913 and ggavm 4. Please note all "Warnings". AMOUNT: Unknown MAY 17 2002 CLAIMANT: Roderick Coleman COUNTY COUNSEL MARTINEZ CALIF. .ATTORNEY: DATE RECEIVED: May 14, 2002 ADDRESS: 901 Court St BY DELIVERY TO CLERK ON: May 14, 2002 Martinez, CA 94553 BY MAIL POSTMARKED: May 13, 2002 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, Clerk Dated: May 14, 2002 By: Deputy 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors This claire complies substantially with Sections 910 and 910.2. i ) 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). f; ) Claim isnot 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)..--7 /� ( ) Other: h l� 15 Q rl C2 tL—I rat ��.Il C �Cd(n'1_ Ike Dated: By: Deputy County Counsel [II. 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). W. BOARD ORDER,: By unanimous vote of the Supervisors present: ( 1 This Claim is rejected in full. ( ) Other: _ I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK., By , Deputy Clerk _ WARNING (Gov. code section 913) Subject to certain exceptions, you 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 an attorney of your choice in connection 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 of perjury that I am 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 States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: L' �CC?-JOHN SWEETEN, CLERK:By `�" � `'' '� Deputy Clerk CLAIM 01-� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: June 4, 2002 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and �.5 915.4. Please note all "Warnings". AMOUNT: $30,000 MAY 13 2002 COUNTY COUNSEL CLAIMANT: Roderick Coleman MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: May 10, 2002 ADDRESS: 910 Court St BY DELIVERY TO CLERK ON: May 10, 2002 Martinez, CA 94553 BY MAIL POSTMARKED: May 9, 2002 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE Dated: May 10, 2002 _ By: Deputy ' II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his 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). O Claims 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). O Other. _ Dated: "/ By: Deputy County Counsel III. 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. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 11 p p R i&, Dated:L,' JOHN SWEETEN, CLERK, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you 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 an attorney of your choice in connection 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 of perjury that I am 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 States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. llp Dated: ti R) JOHN SWEETEN, CLERK By �, b '�`-'' Deputy Clerk r This warning does not apply to claims which are not subject to the California Tort Claims Act, such as actions in irrverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal.consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive its rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 7 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLADJANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100 ' day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't 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 ) Against the Coupty of Contra Costa or i ) .u� District) MAY ® 2002 1 (Fill in name�� A u 2 CLERK 13 '7- L The undersigned claiiant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$. U,(� =-and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact: date and our) Waz) i Lj Ilk. 2. Where did the damage or injury occur? (Inclu a pity and county) -1 ,1 1 Z)-CIL ILA/AZILI '0 3. How did the damage or injury occurs (Give M details; use extra paper if required) � v 1�111LA)dl VIS dd a 16) 4. What particular act or omission on the partofcowaty or dist 'ct officers, servants, or employees caused the / - 1s - injury or damage? / 11[ 7 l� 1C1-?L ) l f a r r' 9 f� R n c, h1/� � 5. What are the names of cou 'ty or dist 'ct officers, servants, or employees causing the damage or injury? 1/k LA LY /Y 6. What damage or injuries do you claim resulted? (f Give 11 extent of injuries or d a es clamed. Attachl two estimates for auto damage.) `6�/g;,�� / /�� �' SS, /� �/�r /gPl� L'f/) . 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) d1) . 4(-ZL,/)",/( �J 8. Names and addresses of wit-epes; doctors, and hospit lZ7 s. 9. List the expenditures you made on account of this accident or injury. DATE TIlyiE AMOUNT oa- W/ 7K)c Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney__ Name and/Address of Attorney �1��1 � �� ���Jf�.i�2df�i� C• - ,ff .� l Lr,�� (Claimant's Signature) (W, 991Z� )- ) (Address) ) ) Telephone No. )'Telephone No. NOTICE Section'72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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 cmunty jail for a period of not more than one year,by a fine of not exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(S 10,000),or by both such imprisonment and fine. c� l/1 16 LS L.U41,Y,� V74v . 2v&ALIf Al, Lxl l Jar � ? ' �l .. /F l • �c�� GAJ Z LAI zz/y SAI C//Z /�12 tx�V/zr� 'r z - Y lI �1I1 c�lL �1f % f11c � 1� �f /Zzz t z?el jz i C C L-I vzlll,l C 7 s '7 j 7 ,Vey' { CONTRA COSTA COUNT , DETENTION FACILITY ( ") INMATE REQUEST FOR INFORMATION ( ) MEDICAL IEQUEST From` ),( f:'t _ �,. ` 'r,�', rr Bkg# f (DOB) Date: Housing Assignment: . Check One: ( ) Request (,%)'Grievance ( )Appeal { )Dther Request: ' 'S.r " , C ,''�rr'yt,fir/ .,.''.'f �',":�•/ t •!,� ,j.f r�'. ( �`(^ f�'� Mr .'� JJ � � '�'1✓�O!f ASC � J'r{. �f.T 1 `f�/f (/ice '!'^i�! (j'�� �fri'��Strf �c�9 �.f /y''=!/,,�s,• a1.,/'[.1..!� +. t.J {.�../1/ (I�i'f yr!/'�..+1 ��r'f/��-'ff��:!f(%i d.'��.''l f f�,•_ i i ='17�'i i i�� f!'f i',{. I.d, rdJj %r't'f'$.' I (.Y.' 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R .c'ri Rv” k� Routed To: _ ANSWER: ( ) APPROVED ( ) DENIED-(state reason) I -- i By: — Date: j Pink:Kept by Inmate Yellow:Reply to Inmate White:To Booking DET 024:FRM 1/2/91 r Incident Report Incident#: 2002353 Incident Dt/Tm: 04-11-2002 1843 Incident Type Code: 006 Disruptive Conduct Additional Code 2 : 022 Interfere with Staff Duties Additional Code 3 : 046 Refuse to Obey Order Participants: Name (L,F,M,S): CIN/Book# Facility Mod Sect Rm Bed Inv COLEMAN, RODERICK 70003039/2001024171 1 Q A 15 A M PARKER, RODINEY D. 70178155/2002006266 1 Q A 07 B I Incident Occurred: Fac: 1 Mod: Q Sect: Location: ROOM 15 Officer:63653, CHURCH Submitted Dt/Tm: 04-11-2002 1925 Upolate,By: Update Dt/Tm: Supervisor: Approval Dt/Tm: Use of force?N CS Violence? N Inmate Violence? N Contraband? N Facility Damage? N Disciplinary? Y Hearing Required? Y Action Taken: Approval Action: SGT BROSE NOTIFIED REPORT WRITTEN Facility. 1 Page 1 of 3 i Printed: 04-12-2002 0017 5271 MAIN Printed By:51183,SIMPKINS CONTRA COSTA DETENTION FACILITIES Incident Report Incident Information: (Entry DtfTm: 04-11-2002 1845 Entered By: 63653 , CHURCH Updated By: Synopsis: I-Coleman disturbed the module by yelling loudly, and refused to be housed with a compatible inmate. Narrative: On the above date and time I was the module Deputy assigned to Q module with my partner Deputy Brumfield. At 1810 1 moved I-Parker from room 32 to room 15. Parker is an EIF of an inmate housed upstairs that physically attacked him this morning; therefore Parker cannot be housed in an upstairs room. Room 15 was the only open room to house a black inmate. Room 15 is currently occupied by I-Coleman. I checked their head cards, and there is no EIF conflict with Parker and Coleman. At 1840 1 brought Coleman back from M module where he completed his pro per call. As Coleman approached his room, he saw Parker in the doorway. He said, "Oh no, get that motherfucker out of my cell. He's not going in my cell." I asked Coleman why, and he yelled that they do not get along. I told Coleman that Parker's EIF was upstairs, so Parker had to be housed downstairs, and '15 is the only open black room. I asked Parker if he had a problem with Coleman. Parker said he never met Coleman before, and has never had any issue with Coleman. I ordered Coleman to go into the room. Coleman yelled at Parker to get out of the room. Parker walked out and Coleman walked in. 1 told Coleman to stand aside so Parker can enter the room. He said he would not let Parker into his room. I ordered him twice more to let Parker in, and he refused. During this entire confrontation Coleman was yelling loudly, disturbing the whole module. Many other inmates yelled their encouragement to Coleman. I told Coleman at least three times to"take your tone down" because he was too loud. I was willing to talk reasonably with Coleman, but he would not communicate except by yelling. This situation interrupted my duties for at least ten minutes during count time. We had to make additional moves in order to accomidate Parker downstairs. Coleman later told Deputy Brumfield that Parker was his EIF from F module. I asked Parker if he knew Coleman from a while ago on F module. Parker said, "1 never known that dude a day in my life." I called classification Deputy Zamora, and she said that Coleman has no EIF history with Parker. Coleman is a constant management problem. He often causes confrontations with Deputies when he does not get things his way. The following are disciplinary write-ups that detail Coleman's history of problems with staff: 1004409: disruptive conduct 1006504: intefering with staff duties 1006520: disruptive conduct 1007268: insubordinate/insolent 2001987: disruptive conduct 2002198: disruptive conduct 2002223: refusal to obey an order 2002235:disruptive conduct Coleman's status should be reviewed by classification. Facility: 1 Page 2 of 3 Printed: 04-12-2002 0017 5271 MAIN Printed By:51183,SIMPKINS Lam. 0 Contra Costa County Detention Facilities DISCIPLINARY HEARING REPORT JA C1 DETENTION FACILITY ,---"INMATE: �U 1-k- V, BKGX 7 I.R.# Last First HEARING DATE & TIME: INCIDENT DATE & TIME You have been accused of iolating the following rule(s)for regulation(s) : cc As a result of this charge, you may be subject to one or more of the following penalties: Loss of good/work time, privileges or programs, job or housing transfer, extra work detail , segregation, reprimand, criminal prosecution. INMATE RIGHTS IN DISCIPLINE PROCEDURE: I To receive 24 hour prior notice of a disciplinary hearing. This may be waived in order to receive an immediate hearing. If not waived, the hearing will be held within 72 hours of the completed report (excluding weekends and holidays). 2) To receive a copy of the incident report within 24 hours of the completed report. 3) To be present during the hearing process, unless security of the Facility is jeopardized. 4) To present witnesses at the hearing, unless security of the Facility is jeopardized. 5) To represent yourself or have a staff member represent you. 6) To appeal after the disciplinary hearing to the Facility Administrator for review. Such appeal request will be written on the Inmate Request Form and filed within 5 Lays of the Hearing. WAIVER - Check One: 0 1 do not want a Disciplinary Hearing and do not contest. the charge. ❑ I waive the 24 hour prior notice rule a;n�kk—,rquest an immediate disciplinary hearing. I do not waive the 24 hour rule. 11 ffOther A� Inmate Signature�: -C-Akn Ie & Time (7- Z- C�Z'7<3 at — DISCIPLIN Y. HEARING: p, I( INMATE: *5 resent n Not Present. Inmate Commen s: Hearing Off.icei:/CommitteeInvestigation: "e All- �' ife-42,z Findings: 0 Inmate committed the act as charged 0 Inmate did not commits rohibited act Q Inmate committed the-f 1 wing probibited act(s) sanctions/Punishment impose Hearing Officer: VC11HU Employee Number Committee Member: Name Employee Number Copy to Inmate by: Approved by Operations Director: Distribution: BAS(Original) Copies to: Facility Administrator, Inmate Booking, Operations Director, Inmate, Classification, Module where inmate is housed DET 013:FRM Rev. 1/9/91 s Sff AhM� 1�a.�✓'may' \,Y Sa it I Au 1 Vi �J r P This warning does not apply to claims which are not subject to the California Tort Claims Act, such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive its rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. ! lam'/ r /t�;w; f rY 14 x'002 i r l G lay-6L 1 �.. r � 0/42 Xi � s LAI ' c A2,4111W \ a �` t� ��1