HomeMy WebLinkAboutMINUTES - 06121984 - 1.17 CLAW
t . 0 Ltri Qr Q cow aA OOT "r, Cl1Law.AMUA BOARD ACTION
June 12 , 1984
Clain Against the Oounty, Cc District ) TO C«I)WVvened by the ce this aocinant wind to you fa _
V=tiLngg amentaa and rd of s�� ) moti� the action taken an yorhhr alalm by the
Action. All Section references are ) Board at Supervisors Varagrgh IV, balm)*
to California Ooverneent Godes ) given ptRht to Ooaeremre:ht Code section 913
and 915.4. please note all 'warnings•.
Claimant: Don Libert Hill County Counsel
Attorney: Maryanne Britten MAY 1 5 1984
Attorney at Law Martinez, CA 94553
Address: 1215 Pine Street
Martinez , CA 94553 Hand-carried
Asoorrnt: $10 ,000 . 00 By delivery to Clerk on -,/11 /R4
Date ksoeived: 5/11/8 4 By mail, postmarked on
I. PIM Clerk of the Board W Supervisors 70: Cbuanty Cbunsel
Attached is a copy of the claim.
Dam: May 11 , 198 4 J.R. MSSON, Clerk, By tY
Jolene Edwards
II. PRM: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
j This claim canplies substantially with Sections 910 and 910.2.
( ) This claim FAIIS to comply substantially with Sections 910 and 910.2, end we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it wets filed
late and send Warning of claimant's right to apply for leave to present a late
Claim (Section 911.3).
( ) Other:
Dated: - By: Deputy County Counsel
III. FK K: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to Claimant (Section 911.3).
IV, BOp►IiD M rim I By unanimous vote of Supervisotrs present
(X ) This claim is rejected in full.
( ) Other:
certify that Effs is a true and correct copy of the Bon s.Or enter is
minutes for this date. R e e n i D u o f s.
Dated: * 6-12-84 J. R. CiSSON, Clark, By - � . Deputy Clerk
N1tsQ W (Gbw. Code Section 913)
Bub ject to certain eaoeptians, you have only six (6) um*J s frac the date t h i s
motive wets personally served or daposited in the sail .to file a oast action oa this
Clain. Bee Oovernmherh1 Oode Section 945.6. _
You miry seek the advice of an attorm q of yoea choice in c m actim with this
latter. If you Mont to consult an attorney, you should do so Inewdiatery.
V. lAOlrl: Clerk of the Board TO: (1) County Cmmsel, (2) County Administrator
We notified the claimant of the Board's s
action on this Claim by sailing a copy of this dowaant, and a mtemo thereof has been filed
and endorsed on the Board's copy of this Claim in s000rdanoe with Section 29703.
( ) A warning
g of claimant's right to apply for leave to present a late claim Mss sailed
to CAM -6=TT 8 4 J. R. GSSG # Clerk, By
Deputy Clerk
cc.: County Administrator (2) County Counsel (1)
00 :1.8
I CLAXM
BOARD OF SUPERVISORS OF CONTRA CO§_nRo9WYappucation to:
Instructions to ClaimantC'•erk of the Board
.O.Box 911
Martinez,California 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day 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. (Sec. 911.2, Govt. Code)
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, California 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 end
or this form.
RE: Claim by )Reseryp-d fnr rlerk's filin stamps
DON LIBERT HILL ) R E C E I V E D
Against the COUNTY OF CONTRA COSTA)
or DISTRICT) a 1:?a a� u.�-fl'oas
Fill in name ) s -�. ��,ylp
Viy
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 10 ,000,00
and in support of this claim represents as follows:
------------------------------------------------------------------------
l. When did the damage .or injury occur? (Give exact date and hour)
March 4, 1984 Approximately 12: 00 p.m.
3--- -r-- T- -- _----:--------------------------------------------
b...e�e iia tI:� �e.*►13�.0 or injury
occur? Include citand countY-
West Pittsburg, California
Contra Costa County
------------------------------------------------ ------- ---------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
See Attachment "A-1"
-------------------------------------------------------------------------
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
See Attachment "A-2"
(over)
00 19
5. What are the names of county or district officers, servants or ,
employees causing the damage or injury?
Unknown at this time
--------- --------:----:-------------r--------- --- ---extent-- --- ----
6. What damage or in3uries do you claim resulted? (Give full
of injuries or damages claimed. Attach two estimates for auto
damage)
See Attachment "A-3"
7. How was the-amount claimed above computed? (Includ---he estimated
amount of any prospective injury or damage. )
Damages were computed based on claimant' s physical and
emotional suffering
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals..
Bertha Hill (mother) Dr. Gillette
40 Portvie Dr. Pittsburg Mental Health' Clinic
West Pittsburg, CA 94565 Pittsburg, California
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Paid for by Medi-Cal
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) orb some pevson on his behalf. "
Name and Address of Attorney -;�W"
Maryanne Britten Claima t s ignature
Attorney at Law 40 Portvie Drive
1215 Pine Street Address
Martinez, CA 94553 _West Pittsburg, CA 94565
Telephone No. 372-8244 Telephone No. 458-1519
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, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
f
" a ATTACHMENT A-1
(Ques t 3-55-a-73)
On the above date, claimant was at home with his mother. Contra
Costa County Sheriff' s officers arrived at claimant' s home and presented
an arrest warrant in the name of TERRY GLENN HILL, claimant's brother.
Claimant advised the officers that he was not Terry Hill and that his
name was DON HILL. Claimant was then handcuffed and taken to Contra
Costa County Jail in Martinez, where he was detained for five days.
On March 8, 1984, claimant was taken into court, where he was identified
by his probation officer and claimant' s mother as being Don Hill.
Claimant was released from custody at that time.
ATTACHMENT -A-2
(Question 4)
Contra Costa County Sheriff ' s officers acted negligently in failing
to take the proper steps to ascertain the true identity of claimant,
particularly in light of the fact that claimant had advised the officers
prior to his arrest that Terry Hill was claimant' s brother. Further,
the officers acted negligently in ignoring for five days claimant' s
assertion that the wrong person had been arrested.
ATTACHMENT A-3
(Question 6)
From the time claimant was initially arrested and taken to the
County jail, for a total of five days, claimant was required to sleep on
a mat on the floor in the cell. Claimant was approached at one point by
a jail trustee who attempted to commit a sexual act upon claimant.
Further, claimant had been undergoing emotional therapy since 1981 until
three weeks prior to the above-referenced arrest. As a direct result of
the improper arrest and detention as herein alleged, claimant suffered
extreme emotional and physical distress causing him to again require the
services of a therapist and additional medical treatment, all" hie o
damage in the amount of $10,000. 00