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HomeMy WebLinkAboutMINUTES - 10282008 - C.15 (16) .w CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: OCTOBER 28, 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 on your claim by the Board of Supervisors. (Paragraph IV below); SEP 2 5 noq given Pursuant to Government Code AMOUNT: $17,905.00 Section 913 and 915.4. Please note all COUNTY COUNSEL Warnings CLAIMANT: JAMILAH ELITE MARTINEZ, CALIF. ATTORNEY: UNKNOWN DATE RECEIVED: SEPTEMBER 26, 2008 ADDRESS: 1012 CHELSEA BY DELIVERY TO CLERK ON: .SEPTEMBER 26, 2008 HERCULES, CA 94547 HAND DELIVERED BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DAVID TWA, Cl k Dated: SEPTEMBER 26, 2008 By: Deputy. II. FROM: County Counsel TO: Clerk of the Board of Sufervisors (OlThis 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: S©� By: � 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. ,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. DatedCaCl�e� ,�WJ oV AVID TWA, 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 Govermnent Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. If you want to consWt 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. . DatedtluaG`t/o2,Q p2/WbAVID TWA, CLERK, By _ eputy Clerk 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 undlerstand all the separate limitations"periods tliiat'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 7rort Claims Act nor does it waive rights under the statutes of liiriitations applicable to actions not subject to the California Tort Claims Act i f R. 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. man..................................................................... now...e RE: Claim By: _ Reserved for Clerk's filing stamp Against the County of Contra Costa or ) SFS . District) QFRc�gR 61pp8 (Fill in the name) coSTU pR�iS��'S The undersigned claimant hereby m�es claim against the County of Contra Costa the above-named district in the sum of$ 6:' . and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) '13 U�� I � -03 3. bbT , 2. Where did the damage or injury occur? (Include city and county) 10 1 �L Gke 15 e 0- 4erC q(,00 c 4k c�,j y c-1 -7 3. How did the damage or injury occur? (Give full details; use extra paper if required) oC f.'7 rte' �cc V` ck�,�L •Ij ra t�� �lw Y- -k- l� r+�-�s'1u�-•c S�G �-H-c�✓l.M-c..�-4,s . 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? ?f� ,c� , �; ��e� C.Gi ir-e c4--1 - See. l�a c�l-�w��.✓�' . CUJ 5 What are the names of county or district officers, servants, or employees causing the damage or injury? i 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Gee '�, i /�; ��� 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 5te,. 8. Names and addresses of witnesses doctors, and hospitals: Q�►)l r&, � '- � cta D �Vl l'�N acl lel P�. Com... n��ti--c. weccl� 9. Lis the expenditures you made on account of this accident or injury: DATE TIME AMOUNT ■mss m ORE am a a■accoon Ora a s an a s u•■as■ssaearsru■mass■s■■■uaasa■a•aaa■a mean on a am a s noon, 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 } X - (Claimant's Signature) Mel (Address) ) Telephone No. ) Telephone No. ■am a■a•a a saunman■Baas as noun moves Noaown■■■■■a■■■■■amuses moan a am Eason a aas ss■■ ■■■am a Iat 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. aa.a,aaa■sox am Masson aEno aarasaMaaMa amass No mass anon as Ong am man Am:onsmanom am a a a Moak MANX, 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 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. STATE OF CALIFORNIA—YOUTH AND ADULT CORRECTIONAL AGENCY ARNOLD SWARNEGGAR,Governor DEPARTMENT OF CORRECTIONS OFFICE OF CORRECTIONAL SAFETY Fugitive Apprehension Team 501 Canal Blvd., Suite H Richmond CA 94804 August 20, 2008 Jamilah Elite: In response to your letter dated July 31, 2008 and received August 13, 2008; I have interviewed several personnel involved in the arrest of Ricky McClinton and while it was a traumatic situation, Mr. McClinton was wanted by the Parole Division and had an arrest warrant issued for him. The OCS members who went to the Hercules residence were executing that warrant . Depending on the circumstances, special procedures to make entry into a home may be used. Mr. McClinton was found inside this residence and placed under arrest. The issue of the property damage: the appropriate Board of Control claim form was left at the residence on the night of the incident . The procedure for this type of claim is to have the owner or property responsible complete the form and send it to the Board of Control for evaluation and determination as to the amount to be reimbursed. Instructions are attached to the form, but if they are not, please contact Mr. McClinton' s parole agent for clarification. Should you have any other questions that I could answer, feel free to contact my office at (510) 231-7851 . C e Age III - ugi Team State of California July 31, 2008 Board of Control Government Claim On Friday July 18th 2008 I, Jamilah Elite a business owner in Pinole and Crockett Ca., was on a business trip in L. A California and received a call from my oldest daughter that maybe between 8 and 10 men had broken into my home and was looking for my oldest son Ricky J. McClinton. Ricky had a five o'clock appointment Friday the 18th with his parole officer that he could not make. He called and left a message that his car would not start and that he had the baby with him. I would had stayed home and taken him myself to his appointment if I had a known something like this was going to happen. At the time my daughter did not know his where about because she had just walked in the door and heard the banging and was afraid for she had her children with her. She asked me if he was with me. And I told her no. As she communicated with these people I heard someone curse I just want Ricky and we got disconnected so I started to pray with my son Daniel and youngest daughter Awana who were with me at the time. And requested of the LORD that my family be ok and Ricky was fine. My phone rang my daughter was crying so hard that I could not understand what she was saying but that one of those men were beating Ricky with their gun and saying I'm going to shoot him. And there was so much noise then the phone hung up I called back and there was not an answer. I called my 13 year old granddaughter's phone and she picked up, and I asked her what was going on. She said that some men broke in the door and got Ricky and said that they're going to shoot him. I told them to call 911. Call the police. My daughter was able to call the police then after she did they took their phones and made them go into the kitchen. I Called my daughter's Husband parents who lived in Hercules and asked them to go to my home and see what was going on, and that I were in LA Claudac and Husband Willis Wade rushed to my home and found my home turned up side down. Later I talked with my Daughter and she said Ricky was in the room and that a cop beat him with his gun and tried to arrest her for nothing and tore up the house broke the beds and drawers and closet doors. Etc. She later told me they left the complaint form but did not leave a name or card stating where they were from. These men came into my house without a warrant or search warrant. I left for home the next day and after getting home I found my home a mess. My Children tried to fix what they could. That Monday I went to the Hercules Police Department and asked to file a compliant, only to hear I had to take it up with the Parole officer. The Hercules police came out to my house while this was going on. They did not report who it was that entered my home or had any names. I called my Son's parole officer Santos at 925-602-6576 he said he did not know anything and referred me to his supervisor and his supervisor gave me a number to call in Richmond 510-231-7851. I talked with the receptionist and asked who they were that came to my house. She referred me to a Roy Chew who called me back and said that it was his team that came out. I explain what was done and asked for their names, he refused and said send him the complaint. I asked was it legal for them to trash my home and beat my son with their gun. He said yes. So I decided to write my compliant to you so that something can be done. Roy Chew's team is call the correctional safety team unit at 501 canal blvd suite h Richmond Ca 94804. I am requesting the state to pay for the damages that Roy Chew's Team did to my home. Front Door has a big Dent in it and the panel to entrance is all broken Hole in wall from kicking open my door Couch flipped over things Children's bedroom: Beds frames and bed Broken up , dresser drawers broken Clothes pulled out of closet on floor, 3 Closet doors broken off. My Bedroom bed broken, mattress torn, Bed frame broken, drawer broken, 3 Closet doors broken off. My clothes some torn all thrown on floor. Estimate of Claim$10,000.00 Beds................................................................... $2000.00 Dresser Drawers.....................................................$1000.00 Mattresses............................................................$1000.00 Clothes................................................................ $1000.00 Front entrance hand steel door..................................... $750.00 Hole in wall...........................................................$80.00 Closet doors 6.........................................................$3000. Time off work to repair my home.................................$500.00 a day for 10 days Spills on my carpet...................................................$75.00 Mental Stress and damage ....................................... $3500.00 Labor Putting my home back together, returns from vacation $3000.00 Contact: Total.... $17,905.00 will accept $10,000.00 keeps from Jamilah Elite attorney fees 1012 Chelsea Hercules Ca. 94547 510-435-7772 510-799-1356 510-787-7704 On Monday August 110'2008 I received a letter from the State of California Board of Parole Hearings a subpoena to appear in court Tuesday August 19'1'2008 to testify on behalf of my son Ricky McClinton innocence. On Tuesday the 19th after driving to SanQuentin state prison , being searched and going through the procedures for entrance was told to be seated outside the court facilty and waited to be called. An Parole Attorney by the name of Craig Murdock approached us and said I'll be right back. Seated next to me was my son's girlfriend, her mother and another young lady which appeared to look Hispanic. As we were talking and waiting the young lady smiling said that she was robbed by a 22 year old man and that's why she were here. Not knowing I said that my son was accused of robbery but he's 34 years old then she said well there was another guy waiting inside of the car. She also said that she had gotten a call from the Police and they told her that today was cancel. Mr Murdock came back and ask us our relationship to Ricky. I Told him that I am Ricky's Mother. He showed me copies of pictures a boy inside of the place that was suppose to had been my son. My first thought after seeing the picture I notice that that boy dresses like every other boy but it was obvious that it was not my son. That picture showed a tall and slimder boy with large feet with his head covered with some type of hat or head band on. I told the Attorney that's not my son on those pictures because it isn't. He said I believe it too, I believe what Ricky told me. This women fingered my son because that picture that county have of him looks like every other boy. They all look alike to her. Something need to be done about this situation. My son's picture was put with 5 other boys to be fingered as a suspect to a crime just because he was on parole and did not make it to an appointment with his parole officer that day. He and his family was living with me and were helping me with my business and trying to get their life together. Ricky is spending too much time away from his family because of someone's mistake. He has been harassed by authority and have not been given a chance to fix his life. My request that he be compensated for his time spent in prison and for taking him away from his family so that he can go on with his life and help someone else. Jamilah Elite, Ricky McClinton's (mother) 1012 Chelsea Hercules Ca. 94547 510435-7772--cell 510-799-1356-home C A L I F O R N I A VQoSTATE OF CALIFORNIA Victim Compensation 8 Government Claims Board ARNOLD SCHWARZENEGGER,Governor GOVERNMENT CLAIMS PROGRAM ROSARIO MARIN 400 R Street,51"Floor♦Sacramento,California 95811 Secretary Mailing Address:P.O.Box 3035♦Sacramento,California 95812 Stale and Consumer Services Agency Toll Free Telephone Number 1-800-955-0045♦ Fax Number:(916)491-6443 Chairperson Internet:www.vicecb.ca.eov JOHN CHIANG State Controller Board Member MICHAEL A.RAMOS Jamilah E Elite San Bernardino County District Attorney Board Member 1012 Chelsea JULIE NAUMAN Hercules, CA 94547 Executive Officer September 08, 2008 RE: Claim G577093 for Jamilah E Elite Dear Jamilah Elite, The Victim Compensation and Government Claims Board (VCGCB) received your claim on August 08, 2008. Based on its review of your claim, Board staff believes that the court system is the appropriate means for resolution of these claims, because the issues presented are complex and outside the scope of analysis and interpretation typically undertaken by the Board. The claim has been placed on the consent agenda. The . VCGCB will act on your claim at the October 23, 2008, hearing. You do not need to appear at this hearing. The VCGCB's rejection of your claim will allow you to initiate litigation should you wish to pursue this matter further. If you have questions about this matter, please mention letter reference 50 and claim number G577093 when you call or write your claim technician or analyst at (800) 955-0045. Sincerely, Government Claims Program Victim Compensation and Government Claims Board cc: B-23 Corrections and Rehabilitation Ltr 50 Complex Issue Reject i I Axa 4 � � II. yi ?i jrlAlif� �y r��ri„ w t ✓� 1 I �" {MYI1 � Irt 11^a ,1. 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