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HomeMy WebLinkAboutMINUTES - 02122002 - C19 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Feb I2, 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 915.4. Please note all"Warnings". AMOUNT: $1,500,000 CLAIMANT: Patricia& William Greene ATTORNEY: Robert Schock DATE RECEIVED: January 14, 2002 ADDRESS: 901 Court St BY DELIVERY TO CLERK ON: Januga 14, 2002 Martinez, CA 94553 BY MAIL POSTMARKED:_January 11, 2002 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET Dated: January 15,2002 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (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 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). (i'J/OtheT: e,ld i ti t r'1 , evicel15 cc- C.� G( f h rY% , 7,777777 Dated: '"IGv -G 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 fay this date. Dated: JOHN SWEETEN, CLERK, By eputy 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 ClaimanL addressed to the claimant as shown above. Dated:,41G�,' ;tk at,(-k; HN SWEETEN, CLERK BY G`, �' ���DeputyCl�erk 4 CLAIM RECEIVED $ I E TO: Contra Costa County Board of Supervisors-Clerk [TAN 4 2002 651.Pixt Street,Rm 106 LERK BOARD CC SUPEISO M xtin z, CA 94553 ccN I tt,C s A c;). Claimants: Patricia and'William Greene Claimant's Address: known to Claimee, Contra Costa County and is presently being kept confidential because of the circumstances of this case. Send Notices To: Robert G. Schock: Law Office of Robert G. Schock 1970 Broadway, Suite 1200 Oakland, CA 94612 Date of Injury and circumstances: On or about July 18, 2001,prior thereto and thereafter, County of Contra Costa agents and employees including Scott Wil- liams divulged the home address and phone number of claim- ants to Steven Nicklas, a then incarcerated defendant who had attempted to kill plaintiff and her family and who she testified against causing hum to be imprisoned. Although the total facts are not known, since no one has cooperated from the County, it is claimant's belief that Scott Williams of the Contra Costa County ProbationDepartmentprovided the home address and phone number to Steven Nicklas. Claimants were part of the witness protection program and had left the State in order to avoid being harassed and threatened by the prisoner Steven Nicklas. Both claimants had testified against him at trial. Sub- sequent to that time and on many occasions,it is believed that Steven Nicklas was discharged from jail and carne to the State wherein Claimants presently reside to stalk and track down and harm claimants. There also have been a number of threatening phone calls including hang up telephone calls,which have caused Claimants additional fear. Claimants were informed by Scott Williams on July 18, 2001,that a letter had been sent to Steven Nicklas, while in jail, information him of the new loca- tion and phone number of the claimants. Claimants were told that prior to that time and in no uncertain terms, that their loca- tion and any details of their whereabouts would never get into the hands of Steven Nicklas. Both claimants relied on the County of Contra Costa, Scott Williams, and other county of Contra Costa individuals to protect their new life,but instead the information was given to Steven Nicklas so that he could contact them and destroy their new life. Claimants suffered an invasion of their privacy,negligent and intentional infliction of mental and emotional distress. Claimees also violated mandatory duties as well as the State and Federal Constitutions. Parties Causing Damage: County of Contra Costa, Scott Williams, and other em- ployees of the County of Contra Costa. Damages: Both claimants suffered severe mental distress and mental suffering including the necessity of medical treatment and advice. There was constant fear and still is that Steven Nicklas will harm claimants, claimants' children and family. Claimant Patricia Greene believes that Steven Nicklas would do anything to get back at her and lives in con- stant fear, especially in view of the phone calls and other incidents where she has been harassed. Mr. Lopez with the probation department, has made attempts to control Steven Nicklas,but Steven Nicklas has denied anything to do with the phone calls or harassment. Claimants have learned that Steven Nicklas has their address and phone number and can go to the State where they are residing, and Claimants' lives have become much worse. Because they do not have the money to move again,they must stay. Claimant Patricia Greene has had night- mares and panic episodes where she wakes up with cold sweats, heart racing and continues to worry, especially in view of the fact that she has a son who is now approximately 11 months old. No money was ever received from the Victim Witness Protection Program,they just wanted to move on,but Mr. Williams talked them into the cost for the move and restitution was granted,but she could not afford to come to California for the hearing. Special Damages: Special damages as are to be proven and general damages in the sum of one million dollars ($1,000,000) for Claimant Patricia Greene and five hundred thousand dollars ($500,000) for William Greene. DATED: January 11, 2002 ROBERT G. SCHOCK. Attorney for Claimant PROOF OF SERVICE BY CERTIFIED MAIL I' declare that I am employed in the County of Alameda, State of California. My business address is 1970 Broadway, Ste 1200, Oakland, California 94612-2211 . I am over the age of eighteen years and not a party to the within action. On January 11, 2002, I served a true copy of the fol- lowing document (s) . - CLAIM-- in a sealed envelope with postage fully prepaid, certified mail and depositing said envelope in the United States Mail at Oakland, California addressed as shown below: Contra Costa County Board of Supervisors-Clerk 651 Pine Street,Rm 106 Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and cor- rect . Executed at Oakland, California on January 11, 2002 . —I Z!��/ - 't Katrina A. Taylor CLAIM R, TO: Contra Costa County JAN 14 2002 a Board of Supervisors-Clerk CLERK BO '>0651 Pine Street, Rm 106 A Martinez, CA 94553 Claimants: Patricia and William Greene Claimant's Address: known to Claimee, Contra Costa County and is presently being kept confidential because of the circumstances of this case. Send Notices To: Robert G. Schock: Law Office of Robert G. Schack 1970 Broadway, Suite 1200 Oakland, CA 94612 Date of Injury and circumstances: On or about July 18, 2001,prior thereto and thereafter, County of Contra Costa agents and employees including Scott Wil- liams divulged the home address and phone number of claim- ants to Steven Nicklas, a then incarcerated defendant who had attempted to kill plaintiff and her family and who she testified against causing him to be imprisoned. Although the total facts are not known, since no one has cooperated from the County, it is claimant's belief that Scott Williams of the Contra Costa County Probation Department provided the home address and phone number to Steven Nicklas. Claimants were part of the witness protection program and had left the State in order to avoid being harassed and threatened by the prisoner Steven Nicklas. Both claimants had testified against him at trial. Sub- sequent to that time and on many occasions, it is believed that Steven Nicklas was discharged from jail and came to the State wherein Claimants presently reside to stalk and track down and harm claimants. There also have been a number of threatening phone calls including hang up telephone calls, which have caused Claimants additional fear. Claimants were informed by Scott Williams on July 18, 2001, that a letter had been sent to Steven Nicklas, while in jail, information him of the new loca- tion and phone number of the claimants. Claimants were told that prior to that time and in no uncertain terms, that their loca- tion and any details of their whereabouts would never get into the hands of Steven Nicklas. Both claimants relied on the County of Contra Costa, Scott Williams, and other county of Contra Costa individuals to protect their new life,but instead the information was given to Steven Nicklas so that he could contact them and destroy their new life. Claimants suffered an invasion of their privacy, negligent and intentional infliction of mental and emotional distress. Claimees also violated mandatory duties as well as the State and Federal Constitutions. Parties Causing Damage: County of Contra Costa, Scott Williams, and other em- ployees of the County of Contra Costa. Damages: Both claimants suffered severe mental distress and mental suffering including the necessity of medical treatment and advice. There was constant fear and still is that Steven Nicklas will harm claimants, claimants' children and family. Claimant Patricia Greene believes that Steven Nicklas would do anything to get back at her and lives in con- stant fear, especially in view of the phone calls and other incidents where she has been harassed. Mr. Lopez with the probation department, has made attempts to control Steven Nicklas,but Steven Nicklas has denied anything to do with the phone calls or harassment. Claimants have learned that Steven Nicklas has their address and phone number and can go to the State where they are residing, and Claimants' lives have become much worse. Because they do not have the money to move again,they must stay. Claimant Patricia Greene has had night- mares and panic episodes where she wakes up with cold sweats,heart racing and continues to worry, especially in view of the fact that she has a son who is now approximately 11 months old. No money was ever received from the Victim Witness Protection Program, they just wanted to move on,but Mr. Williams talked them into the cost for the move and restitution was granted,but she could not afford to come to California for the hearing. Special Damages: Special damages as are to be proven and general damages in the sum of one million dollars ($1,000,000) for Claimant Patricia Greene and five hundred thousand dollars ($500,000) for William Greene. DATED: January 11, 2002 12t�BE1tT G. SCHOC� Attorney for Claimant PROOF OF SERVICE BY CERTIFIED MAIL I declare that I am employed in the County of Alameda, State of California.. My business address is 1970 Broadway, Ste 1200, Oakland, California 94612-2211 . 1 am over the age of eighteen years and not a party to the within action. On January 11, 2002, 1 served a true copy of the fol- lowing document (s) : --- CLAIM-- in a sealed envelope with postage fully prepaid, certified mail and depositing said envelope in the United States Mail at Oakland, California. addressed as shown below: Contra Costa County Board of Supervisors-Clerk 651 Pine Street,Rm 106 Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and cor- rect . Executed at Oakland, California on January 11, 2002 . Katrina A. Taylor