HomeMy WebLinkAboutMINUTES - 10152002 - C.5 CLAIM
;F3OARLf OF SUPERVISORS OF CONTRA COSTA COUNTY r
BOARD ACTION: Glut 15,2002
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 Cade Section 913 and
915.4. Please note all "Warnings".
AMOUNT: Unknown il 110,CT 0 1200,?
EL
CLAIMANT: David.Walters COUNTYMARTIN C:C3UEZ l�IR
ATTORNEY: DATE RECEIVER: Sit 30. 2402
ADDRESS: 173 Andrew Ave BY DELIVERY TO CLERK ON: Sent A 2002
Pittsburg, CA 94565
BY MAIL POSTMARKED: Sept 28, 2402
FROM: Clerk of the Board.of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SW Tf�,`��-
Dated: Oct 1 2010}2 By: Deputy`
11. FROM: County Counsel TO: Clerk of the Berard 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).
( } Other:
Dated: ' `` B ° ' 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:
(x) 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.
October 15 , 2002 � �:
Dated: JOHN SWEETEN, CLERK, By 4. ,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'turning 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.
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coer 0 02 `r
Dated: a � 2JOHN SWEETEN, CLERK.By ' �'� + ��'� - Deputy Clerk
DAVID M.WALTERS RECEIVED
5555 GIANT HWY '-`
RICHMOND,CA.94806 _
P 3 0 2002
CLERK BOARD OF SUPER"1SOIRS
CONTRA COSTA CO.
FORMAL COMPLAINT
INAPPROPRIATE DELAY IN DECISION
ON SEPTEMBER 16,2002 I,DAVID WALTERS SUBMITTED AN INMATE REQUEST FORM
TO THE FACILITY COMMANDER AT WEST COUNTY DETENTION FACILITY. THIS
REQUEST WAS IN REGARDS TO ATTENDDING AN IMMEDIATE FAMILY MEMBER
FUNERAL.
TIMELY INFORMED FACILITY COMMANDER
ON SEPTEMBER 16,17,18,19,2002 I INFORMED THE FACILITY COMMANDER OF THIS
FUNERAL. I SUPPLIED THE FACULTY COMMANDER OF THE DATE SEPTEMBER 20,2042
AND THE LOCATION OF THE FUNERAL(LIBERTY CHURCH OF GOD AND CHRIST-
BAY POINT,CA.94565)
INFORMATION REQUESTED BY W.C.D.F. COMMANDER
DAVID WALTERS WAS INFORMED BY VIA STAFF ORDER GIVEN BY W.C.D.F.
COMMANDER TO PROVIDE ADDITIONAL INFORMATION. THIS INFORMATION WAS
SUPPLIED TO THE COMMANDER BY THESE METHODS;
(1) INFORMATION WAS FAXED BY FAMILY MEMBERS INCLUDING CONCORD
PAROLE UNIT STATING THE RELATIONSHIP OF DECEASED INDIVIDUAL TO
DAVID WALTERS.
(2) INMATE REQUEST FORM;A COPY OF THESE REQUEST IS LOCATED
WITHIN DAVID WALTERS BOOKING FILE/REQUEST FORM FILE.
(3) INFORMED BY TELEPHONE
(4) INFORMED PERSONAL LETTER
NOTE:DAVID WALTERS IS NOT CONNECTED WITH THE CONCORD PAROLE
UNIT. THIS INFORMATION WAS USED FOR ANDREW WALTERS WHO j
ALSO INCARCERATED AT W.C.D.F...
STATUS OF DAVID WALTERS
DAVID WALTERS IS CURRENTLY INCARCERATED AT WEST COUNTY DETENTION
FACILITY FOR A PROBATION VIOLATION.AT THE TIME MR. WALTERS REQUESTED
A(24)HOUR PASS HE HAD APPROXIMATELY(22)DAYS REMAINING ON HIS SENTENCE.
MR,WALTERS HAS NO ESCAPES ON RECORD NOR FAILURES TO APPEAR IN COURT.
MR.WALTERS HAS RESIDED IN CONTRA COSTA COUNTY FOR(34)YEARS AND HAS
STRONG FAMILY TIES WITHIN THIS COUNTY,
{1)
INAPPROPRIATE DECISION
THE FACILITY COMMANDER AT WEST COUNTY DETENTION FACILITY BASED HIS
DECISION ON SECURITY. IT APPEARS THAT THIS DECISION COULD HAVE BEEN
MADE PRIOR.TO THE DATE IT WAS DECIDED.FACT; THE FACILTY COMMANDER
ANSWERED MR.ANDREW WALTERS REQUEST(1)DAY AFTER IT WAS SUBMITTED TO
HIM.THIS REQUEST FORM WAS SUBMITTED{I}DAY AFTER DAVID WALTERS
REQUEST FORM.
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
THIS COMPLAINT IS BEING SUBMITTED TO THE BD. OF SUPERVISORS FOR AN
IMMEDIATE INVESTIGATION. FOLLOWING THE.INVESTIGATION A FORMAL 42 USC
1983 CIVIL SUIT WILL BE FILED AT THE U.S.DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA.IN ADDITION,THIS WILL ALSO BE FILED WITH CONTRA
COSTA COUNTY SUPERIOR.COURT.
REQUEST TIME LIMITATION ON INVESTIGATION
THIS REQUEST IS BASED ON DAVID WALTERS EXHAUSTING HIS ADMINISTRATIVE
REMEDIES IN THIS MATTER.MOREOVER,TO COMPLY TO ALL CALIFORNIA TIME
LIMITATIONS.
REPRESENTATIVE
ALL REPORTS INCLUDING FORMAL FORMS SHALL BE SENT TO MR.DAVID WALTERS
REPRESENTATIVE IN THIS MATTER.
ANDREW WALTERS (925)439-7807
173 ANDREW AVE
PITTSBURG,CA.94565
EXECUTED ON THIS 27th DAY OF SEPTEMBER,2002
ANDREW WALTERS,REPRESENTATIVE