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HomeMy WebLinkAboutMINUTES - 10142008 - C.12 (16) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: OCTOBER 14, 2008 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 California Government Codes. ) you is your notice of the action taken 6gII�ISaiven yourclaim by the Board of pervisors. (Paragraph IV below), SEP 1 2 20Q8 Pursuant to Government Code AMOUNT: $8,000.00 Section 913 and 915.4. Please note all COUNTY COUNSEL "Warnings". MARTINEZ CALIF. CLAIMANT: NE[IEMIAH KILLINGSWORTH BK#2008012042 B/D #4 RM-35 ATTORNEY: UNKNOWN DATE RECEIVED: SEPTEMBER 12, 2008 ADDRESS: 120 SOy 35th STREET, BY DELIVERY TO CLERK ON: SEPTEMBER 12, 2008 RICHMOND, CA 94804 BY MAIL POSTMARKED: SEPTEMBER 11, 2008 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DAVID TWA, C Dated: SEPTEMBER I2, 2008 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Su ervisors O 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). (>�laim 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). (PI"-Other: 7_11e- /'1I/G__'7/770r7c// P0`/�C nn /5 e Q✓�i -ems 77 O 00104 d 6 ez ros4 Dated: By: m Deputy County Counsel III. 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). IV rBOARD 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: itAVID TWA, CLERK, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions,you have only sial(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. Dated6iW44/iV' AVID TWA, CLERK, By Deputy Clerk i i This warning does not apply to claims which are not subject to the California Tort Claims ;` rlk. Act such as actions•in,inyerse,eon.�lemnation, actions for specific'reli&suclii as iiiiadapnus or injunction, or Federal'Cr ivil,7Right�s,claims. The above list is not exhaustive and legal consultation is essenti; 'Lto,und�erstand all the -,_ i., . ,,� separate limitations periods that may apply. Thelimitations 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 '•,noir;does it waive rights under the statutes of `z. `limitations applicable to actions not subject to the California Tort Claims Act _ a BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CL.AIMAINT 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 ent:ivy, 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. sss■•osssos eon Reassume was■sessssss■■■■■s•ssssseoesasoe oo•Reese•gees•use•■eseo a RE/�: Claim By: Reserved for Clerk's filing stamp � t ) RECEIVED Against the County of Contra Costa or RI _, ) 1 2 :2008 S�1W�tL11n(� �Q C' $District) SEP Fill in the name) ) - o� CLERK BOARD OF SUPERVISO:�S F�[� jSdC A A CONTRA COSTA CO. The undersigned claimt hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ _and in support of this claim represents as follows: I. °When did the damage or injury occur'? (Give exact date and hour) 10- 1 (- 07 ll,© o l+ W 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? TK C, a t b X Mir, \ P It �SRG kcj 5 What are the names of county or district officers, servants, or employees causing the damage or injury'' 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Qh q �.t oL kvL t 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) `�u 1 VO u v W Q n d VVV Y o w n 8. Names and addresses of witnesses, doctors, and hospitals: C® R4bG C,05+ OFie.a,� +ln S C V V i Ce. 9. List the expenditures you made on account of this accident or injury: 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 ) @� e 1 ok tV� P4c 0Jr (Claimant's Signature -� (Address) Telephone No. ) Telephone No. '5 d ,7 ^ 7 1 �T •.................u.....■n.......■■..................■■.............................I PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. M......................•u............••.........aMaaN M..............■0 M M W 0 M.......•I NOTICE: Section 72 of the Penal Code provides.- Every rovides: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 a 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. PATCOM # MR#: M003558996 NAME: KILLINGSWORTH JR,NE SPECIALTY CLINIC NOTE DOB: 02/13/60 SEX: M PCP: PCS: CONTRA COSTA HEALTH SERVICES-MR#: 3558996 CCRMC, Martinez Health Center-NAME: Killingsworth,Nehemiah J 2500, Alhambra Avenue, Martinez, CA 94553-DOB: 02/13/1960 SPECIALTY NOTE DATE: 10/18/2007 SUBJECTIVE: This 47-year-old county prisoner is here for a right knee pain. The patient states, on 10/10/2007, he was in custody and arrested by law enforcement officers and suffered a blow in the right knee. Since that time, he has had pain in the knee with limited motion. OBJECTIVE: One cm right prepatellar abrasion which is fairly clean, 2+ tenderness of the right patella. There is no effusion. Active motion 10 to 90 degrees. Passive motion 0 to 95 degrees. Ligaments are fully stable in all areas. Films, 2 views of the knee today, show a vertical lateral pole fracture of the patella as well as a bipartite congenital patellar deformity. ASSESSMENT: Right patellar fracture - undisplaced. PLAN: 1. Soap and water wound care. 2 . Hourly straight leg raising exercises. 3 . Recheck in 6 weeks with new films of the right knee. Signed by Steven Schwartz, M.D. on 10/24/2007 Steven Schwartz, M.D. SS/mtA98 D: 10/18/2007 20 :26 :30 T: 10/19/2007 03 :52 :29 Job: 1960182 / 222698 SCHWARTZ,STEVEN,MD DICTATION: 10/18/07 202630 TRANSCRIPTION: 10/19/07 035229SPI SPECIALTY CLINIC NOTE Contra Costa Regional Medical Center (PCI: OE Database CCS) Run: 01/17/08-09:46 by PARENTI,REGINA Page 1 of 1 J '. He threw me in the back seat of his patrol car, after the back door was unlocked, but I didn't fit in the back of his car the right way. He took me out, and allowed me to sit the long way across the back of his car because I could not bend my right leg or hip. After sliding cross-ways across the seat, he transported me to the El Cerrito Police Department jail for the arrest warrant under my a.k.a. Steve Young. When he got me to the station, inside the Captain told him that I was the wrong person. The officer asked the captain what to do. The captain told him"You are going to let him go. The only way to find out who he is is to charge him with a crime." The officer said if he charges me with resisting arrest, he will get a computer print out to ID me. However, on the way to the station the officer told me that I was only being arrested because of a warrant, and he didn't have to take me to medical. He also said"I don't want to file anything on you, so you only have the warrant to deal with." When he found out that my real name is Nehemiah Killingsworth, 135 Grove St in Richmond, SSN 431-25-8194, 1 was booked into the jail by 12 PM lunch. I was hungry, so I asked the black woman jailer for something to eat at about 1 PM. She told me that she would bring me something after she booked 2 more people into the jail. My leg was beginning to ache, feel pain, and throb really badly, so I told the clerk that I needed medical attention. She came back to me in 15-minutes, and I told her that I couldn't move my leg. I told her that the officer slammed me to the ground and my bike fell on top of me, and my leg has been hurting ever since then. She said, "Mr. Killingsworth, I will call someone to help you", which she did. At about 5 PM I still hadn't eaten lunch, and an officer came in to take me to the hospital. I could not move, get up, or walk. I told the officers that I could not walk, so he told her to call an ambulance to pick me up. An ambulance picked me up, and took me to the hospital. As I waited, I asked for something to eat. It was about 10 PM by then. The woman told me that if I went to the hospital, they were not going to feed me at all. By the time I got to the hospital, it was 11-11:30 PM. At the hospital they gave me cheese, while I was in pain and hand-cuffed to-the bed. They cleaned my wound, and took x-rays of my knee. They discovered that my bone was broken in half, but it did not break through the skin. At my age it might heal itself, or it might not. I am 47-years old, and have arthritis in my right hip and all of the way down my right leg. I have had it since I was 16-years old. I went to the Contra Costa Medical Center at 10:30 PM under Steven Smith, a.k.a Nehemiah Killingsworth. 00984629-6 07656387-3 Nehemiah Killingsworth 2 Arresting Officer Praise God AINNIkV Richmond P.D. My name: Nehemiah Joseph Killingsworth West County Detention Facility 5555 Giant Highway, Richmond, CA 94806 My statement: I was sitting on a retaining wall after leaving Burger King Restaurant in Richmond. I was smoking a cigarette after breakfast, and had my bicycle when a Richmond Police Officer passed by me. He turned off of Lowell Street and San Pablo and drove up the street between Lowell and Hum Perry Street. He made a U-turn and drove back down the street after he saw me, a black man, sitting down. I call this racial profiling in a 95%white neighborhood in Richmond. He pulled his patrol car up to me, and asked me what I was doing. I told him that I was sitting on the retaining wall smoking a cigarette after eating breakfast. He then asked me if I had my ID on me, and I answered "no." I asked him "for what?", but he didn't answer me. I asked him again, but he didn't answer me again. I asked him "What I did wrong?"The officer still didn't answer me. Then I told the officer my a.k.a.: Steve Young, and he asked me for my birthday. I told him 2/13/60, and my address: 135 Grove Street in Richmond. The officer dispatched his station, and found nothing on me. He told me that I could go. I got on my bike and began to ride away from the scene. I was coasting along, and the officer waited until I was at least 5 feet away from his car when he got a report from Oakland that there was a $7000 no-site release warrant for me. The officer jumped out of his car and ran down the street. As I was coasting along down the street, he pushed me off my bike, causing it to fall on me and my leg. I fell to the pavement, and the officer pulled out his gun and put it to my head. He told me "Mother-fucker, if you move I will blow a hole." As I lay on the ground on my stomach with both of my hands behind my back, the officer put his knee into the center of my back. He then put me in hand-cuffs. I could not get up off the ground on my own. My whole right side from my hip to my entire right side of my leg didn't have feeling or strength to move, so he grabbed my arms, while in cuffs, and pulled me up off of the ground by them. He told me to stand at the back of his patrol car, so I did. I told him that my leg was in pain. My leg was stinging and bleeding. The officer searched my pockets and found candy, papers, and my bike bag. He put everything in his trunk, and the items in my red bike bag. He zipped it up and placed my bike rack on the back of my bike. 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