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Home My WebLink AboutMINUTES - 06141994 - 1.23 CLAIM BOARD OF SUPERVISORS OF.CONTRA COSTA COUNTY, CALIFORNIA JUNE 149 1994 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: urAmowm Section 913 and 915.4. ea� "W ,�q�ings". CLAIMANT:BERRY, — GUPTON, Yvonne L�I1Y MAY 2 6 1994 ATTORNEY:, COUM Y COUNSEL Date received M'RTINEZCALIF. ADDRESS: M. Box 3312 BY DELIVERY TO CLERK ON May 26,1994 Antioch, CA 94531-3312 BY MAIL POSTMARKED: Hand Delivered via: county Counsel . I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppHH gg n DATED: (o Bl IL .DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓) This claim complies substantially with Sections 910 and 910.2. gC,�—�—tA. a`3 -5f=� �j°�Tit "v ( ) 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: T titin dlo.�� LASZc��z cel Ltiu .� 8Q }� • �lt�x.n,,,�,z._JZ •� �c�z� c�-e�--�..�d ��o-�, Cc� 1J�s-e.�,�1r� z,G } �9`1.�. �� zl�-T�b� �:�- `G, .ez..a..a�� -t�R. ��.a�.� •�-� �- u,\d� �. o� ��i.i� •�.ub� C��e.��r Dated: C., 7— `/ BY: / Deputy County Counsel l 111. 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 for this date. Dated: PHIL BATCHELOR, Clerk, By J. O_a,Qj Q A,�) 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 warnina 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 16; 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. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator K - MAY-16-1994 1524 S S PERSONNEL 510 313 1600 P.02 C n \X'0,, C IN THE SUPERIOR COURT OF THE STATE OF CAUFORNiA, COUNTY OF CONTRA COSTA YVONNE BERRY- Gupton CWmaru I Case# VS- t 1 GOVERNMENT CLAIM CONTRA COSTA COUNTY. I DEPARTMENT OF SOCIAL SERVICES I OF CONTRA COSTA COUNTY i LIN TOMY.SHIRLEY KAL.INOWSKI, 1 ELAINE GROTHMAN.PERFECTO t VILLAREAL,John Lee I GOVERNMENT CODE I SECTION 910 A- Name and Post Office Address of Claimant: Worme y-Gup on2836 Hayes Way. AMioeh.CA 94509 B. Post Office Address to which the person presenting a claim desires na ices to be sera: Y`ro t7C-Ctuptanf'-0 33c Z ACdk)c+ QA..�4�'si�'�1'z. C. Date.Place artd Other Circumstances of the occurrence or transaction which give rise to the claim asserted: QQglimweus arm uID&Wanting r2ci3Lhamssment and racial disciiminatbn 10 1bg k=me nm'*up A m.fTJ $ft of lbg Contra Costa Deo mn nt of Sir. !SPnrir:ps t=inning a13 pl about June 1. 1993 through Me n=ent_2=rrW42 IQ three times pgr_ imonth , MAY-16-1994 15:21 510 30 1600 P.002 H•` '`w MAY-16-1994 15:24 S S PERSONNEL 510 313 1600 P.03 D. General dest*igti of the indebtedness,obligation k*jry,damage or loss incurred SO far as it may be known at the time of the presentation of the claim: j=rtlAtioti21 dg=-AAM.Ws 21 dimIU, ina lMto slgeo lo&l irmome due to need to lake off mik and to tib Pm medj 3 tan duM tS2 and everall humiliation The De wfff ern of -ocial Sf:Mceg and th -SMlntY f ntr-Costa hag,failed to respQW LQ au Qemisient e`ff m toseA a rPawnabill reLCIcS&-.IQ w4 a transh:LWithin the dwartment and in the sane,�f�building vgt.�,YYay frgm throe cau king 2ai�=rbitinu to thetx,ya iniirrY„ 1n_stt'ad LflrfYP�nc�u tired indifferent -and,often ren Rand from rmr rnanaaer air rvisor when seeking ^remedy to this problem E Name or names of the public employee or employees causing the injury.damage.or loss.if known: t_in To=:Shi,.rlev Kigino ski' Elaine pro h an.,Pod=L'Ttareal Tnhn 7,P-e The claim is within the jurisdiction of the Superior Court. Dated: ' € � i U(Vtdnatvre) Claimant 2 TOTAL P.03 MAY-16-1994 15:21 510 313 1600 y P.003 r' MAY-16-1994 1523 S S PERSONNEL 510 313 1600 P.01 facsimile )�K' 00 TRANSMITTAL to: fax*: '(0- 101 date: -'1 t& tg`f pages: '4 1 rn_e. cam {,. (4, From the desks of.. Social Service Personnel Unit Costa County Social Service Department 40 Douglas Drive Martinez,CA94553 (510)313-1520 Fax:(510)313-1600 MAY-16-1994 1521 510 313 .1600 P.001 CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: May 20, 1994 TO: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel RE: Claim of Yvonne Berry Gupton Attached is a claim for filing which apparently was received by the Social Services Department. Please handle in the usual manner. cc: Judy Campbell, Department of Social Services Ron Harvey, Risk Management ' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA.000NTY, CALIFORNIA juNE 14, 1994 Claim Against the County, or District governed by) BOARDACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph I.V below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. P se108�aTl� iFlarn�,g�ngs". Na X11 CLAIMANT: FAPJL&Y, Devin MAY 2 Q 19.004 ATTORNEY: Ronald M. Schwartz, Esq. COUNTYCOUNSEL Date received MARTINEZ CALIF. ADDRESS: 540 Lennon. Lane, Ste. 250 BY DELIVERY TO CLERK ON May 20, 1994 Walnut Creek, CA 94598 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHH gg HH ti DATED: BYLL DepCtyLOR, Clerk II. FROM/: County Counsel TO: Clerk of the Board of Supervisors ( V) 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: G �� l�Z z1 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 0/ 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. \ Dated: I ° PHIL BATCHELOR, Clerk, By , a n) . 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 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. Dated: S °� BY: PHIL BATCHELOR by , , LLA.��Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST COUNTY OF CONTRA COSTA C L A I M A N T RECEIVED NAME Devin Farley ADDRESS c/o Ronald M. Schwartz , Esq. MAY 20 W 540 Lennon Lane, Suite 250 Walnut Creek, CA 94598 CUIRK WARD OF CONT COS A CO. TELEPHONE NO. (Home) N/A (Business) - (510) 932-4314 GE NTLF-%MN The u_*idersigned respectfully submits the following claim- and informatiC- 1. Post Offices address to which claimant desires notices to be sent if other than above: Same as above 2. Date, location and time of occurrence or transaction which claim arises from: DATE: 11/23/93 TIME: LOCATION: EnroutCourt to Delta Municipal 3. Description of -the incident or accident, including your reason for believing that the City is liable for our da�na�gs Claimant Devin Farley was being transported in a an owne a operated by the County of Contra Costa. Claimant was being taken to Delta Municipal Court when the vehicle he was being transported in collided with a ve ice driven by an or owne Luong and/or Thi/Tam Mai. It is believed that the county employee who was driving the vehicle was negligent in the operation of said vehicle. Moreover, county medical personnel failed to adequately treat, diagnose, and care for claimant's injuries. 4 . The .ane (s) of any City employee (s) causing the damages that you are claiming : Unknown 5. Description of personal injury. If there was no personal injury, state O ONEn . Neck, 'back, and other injuries, including emotional distress 5. Name and Address of witnesses, doctors, hospitals, etc. NAME ADDRESS TELEPHONE ] . Delta Memorial Hospital 2. Pittsburg Health Center 3. 7. Amount of reimbursement claimed as damages with computation and support- ing paid bills, receipts or estimates of cost (please attach papers to claim:) Unknown at this time , but general damages in the amount of $25, 000.00 are claimed. 8. Name of any other person injured: Unknown Address of injured person.- Unknown - 9. Description of property damaged:_ Unknown 10 . Owner of property damaged: Unknown Location of property damaged: Unknown 11 . If this is a claim for indemnity, on what date were you served with the underlying lawsuit: N/A Date Ma Y 19, 1994 RONALD M. SCNT, . -.T7, , Attorney for Clai a t CLAIM BOARD OF SUPERVISORS OF CONTRA-COST.A COUNTY, CALIFORNIA JUNE 14, 1994 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given ursuant to Government Code Amount: $2,440.85 Section 913 and 915.4. . Pl e' e. r " 1 �� rniEn s . CLAIMANT: LAWLOR, Luke Mft 2 9994 W ATTORNEY': COUNTY COUNSEL MARTINEZ CALI F-. Date received ADDRESS: P.O. Box 1182 BY DELIVERY TO CLERK ON May 1.9, 1994 San Ramon, CA, 94583 BY MAIL POSTMARKED: Hand Delivered 1. FROM: _ Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p g DATED: 0 BAIL DeputyLOR, Clerk D n n 1 Q O^ 1 II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( L�f This claim complies substantially with Sections 910 aInd.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: watt BY: L 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 (✓IThis 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. Dated: L PHIL BATCHELOR, 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 servedlor 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 warnina 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. Dated:_ ,Q , _ ),�, ��}�}T BY: PHIL BATCHELOR by 1%J Deputy Clerk CC: County Counsel County Administrator Clai- to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or'for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. 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 RE: Claim By Lum LAWLUh ) Reserved for Clerk's filing stamp .e.u. tux.. l i ue MA41D Df LIVERED 5AN _MAMUN, UA 94Y5b3 ) RECEIVED Against the County of Contra Costa ) NN 19 or ) District) CLUK gpARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO The undersigned claimant• hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ?_,wwu.u.5 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) r'&MURxx 191 199J 2. Where did the damage or injury occur? (Include city and county) UUN'1'HA UWTA UU UN T 1 S teA Z I N E U'X&R OLIN l U 4b49 1NHUFF iLAUB MAl('1'1NNG, UA yw55J _ 3.~How did the damageorinjury occur? (Give full details; use extra paper if required) j�y an incomplete ovariohysterectomy which Iert two thirds of the uterine mass intact. The scar tissue in the area where a lett kidney had been present originally is evidence that akidney had been removed. ---------- ---------- ------ ------ - 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? A rU5 Y1 111 I) U' BRINL BUDI, AND LAWX UTShIN E MAN WITH TMT BLAUUM T.LUtiTL 1 AUH&W11 '1'U '1'HL; UTERINE E buji l. I hL;km MiN iv U U VA.K1hb, NU Lr; `T KIDN E 1 AND NU HIUhT U'1'L+'H1N N HUIM 1't NbEN T. '1 hE BLADI)h2t HAli '1'U SW Mtl+@9UVIO KRUM THE `v'URN'AUB UN' THE; U'1' IUNP; LUU1, �cvc^) �. wnat are the names of county or district officers, servants or employees causing she damage or injury? uontra costa county spay i Neuter Clinic LT Stephen A. boioman kiw zioloman signed the spay certificate)) ------------------------------------------------------ - ---------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. �L,44u.cs5 - -see attached papers 7. How was the amount claimed.above computed? (Include the estimated amount of any prospective injury or damage.) All the costs which have-.been occurred since the dog zeas spayed and has needed medical attention Xrom the aamage that was done to her. ------------------------------ ------ -- ----------------------- S. Names and addresses of witnesses, doctors and hospitals. 1Janville vet. Hospital b14 uamino Hermon Danville, ca 1)454b j urwnilllam,lir Haxby A11 creatures Vet. Hospital bb14 UutLLin blvd Vublin, Ca yw50o j lir Peggy Roberts , ri-Valley Vet. emergency clinic b74j Dublin blvd ffij Dublin, Ua 1)456b Dr 1Ja.v1s ------ ��-M��w�-..------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT x-ig-V) z-0-1)4 -.- *See attached 17.1w- 1,05.94 j-j-93 -y-`I4 .41.'(5 1cZ.bb i7y.3u �4GU.UU -5-y4 53•yu �Ate ° Gov. Code Sec. 910:2 provides: - �- - "The claim must be signed by the claimant SEND NOTICES TO 'Atto►^re.") 'C2;; orb some person on his behalf." Name and LUKE 1ABLUA) ('Claimant's Signature e.U. bu,& 1 i til Address buoy iiAMUN, .UA 1)45bj Telephone No. Telephone No. wk 5iU-oj7-5523 or 5iu-bJo-u000 NOTICE , .;._.., Section 72 of the Penal Code provides: - - "Every person who with intent to defraud, presents foil 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 ($19000)-,..or by,both such imprisonment and fine, or by imprisonment in the state prison, by a fine;,Yof not exceeding ten thousand .doll_ars ($10,000,, or by both such imprisonr.�ent and fine. CERTIFICATE OF SPAYING OR NEUTERING This is c rtify that on _.C I9 to 1 a licensed veterinarian prackWrgin ntr osla' ou ts; e a a i o atis performed a recog- nixed prose re of sterility on the animal described below or verified that the dog has been spayed or jeutered. Tag No.��`��-�'� Dog's Name ��' ��t. _.....-.--------- ----- Breed — - '- _ Age Color Owned By- - Address. F SignedD.V. M. DANVILLE VETERINARY HOSPITAL 012/08/94 P a t i e n t P r o f j. I e b V A n i M a 1 Page I Name : BANDIT Ident : 7825 BANDIT Species: CANINE Owned by: LUKE LAWLOR Breed: ROTT P 0 BOX 1182 Color: BLK/BRN SAN RAMON, CA Birthday : 10/22/91 02 Yrs 03 Mths Sex: S 94583 Rabies Tag-. Tele: (510) 820-6283 Ani. Notes : Balance: . 00 C11. Notes : 837-5523 LUKE Curr: . 00 3ODay: . 00 C12. Notes: 667-3143 PAGER 60Day.. . 00 9C)Day: . 00 Reminders (Due Dates) - Weights: 1/06/95 RABIES 11/01/93 DHLPP 1/05/94 - Ca LB 3 OZ . 1 0/00/00 HWTEST 0/00/00 FECAL 10/22/93 - 0 LB 2 OZ . 1 0/00/00 BORD 0/00100 CORONA 3/03/93 - 4_1 LB 2 OZ 0/00/00 LYME 0/00/00 DENTAL 0/00/00 HWMED Service/Vaccination Due in Next 30 Days. Service/Vacc inat ion Past Due. Date Invoice Description Code Qty Price Prov 01/05/94 0025816 DI TRIM 480MIS DRUGS 42. 00 53. 90 SH GIVE 1. PILL. TWICE DAILY FOR THREE WEEKS SH 10/24193 Note==) (A) UTI, CRYSTALURIA- RX ABIOS 10/23/93 Note==) UIA UR BH 10/22/93 0023447 OFFICE VISIT 0110 1. 00 35. 00 BH URINALYSIS, COMPLETE 3953 1.00 40. 00 SH BLADDER TAP 0383 1. 00 9. 00 SH ABDOMEN X-RAY ROUTINE. 4553 1.00 75. 00 SH DI TRIM 480MG DRUGS 14. 00 a0. 30 BH GIVE I PILL '-*X DAILY FOR I WEEK- SH DEPENDING ON RESULTS, MAY HAVE TO .REFILL BH 10/22/93 Note—) ECC3CK VAGINAL DISH, ESIBPREENT, LN, HT/L WNL. VAGINA HAS FLUID DRIED ALL AROUND FEATHERS, IS LICKING, VAGINAL SCOPING IS NSF. WHEN TAPPED BLADDERIVERY CLOUDY YELLOW MATERIAL PRODUCED. DOG DRAINED SOME URINE ON TABLE WHICH WAS ACTUALLY CLEAR. CONCERNED ABOUT WHERE THIS ABN FLUID CAME FROM. DOG WAS SPAYED AND HAD RESULTING VAGINITIS. [Q3WT-67#, T-101r_A1R/O UTI, STUMP PYO. CONCERNED IF ABCESS TYPE. !'SLAY LEAK INTO ABD W/SUBSEQUENT STICKS. EP] XRAY ABD. AREA OF BLADDER IS HUBE, CONSISTENT W/BLADDER SHAPE AND SIZE:. TOOK DOG OUTSIDE TO URINATE, WOULDNOT eo. TRIED TO CATHETERIZE, DOG FOUGHT AND WAS IMPOSS, CYSTO AND SUBMIT FLUID TO LAB FOR UA, RX DITRIM ABIDS X1WKjABV MAY HAVE TO CUNT LONGER IF SUPPORT UTI. ALSO CONSIDE POSS CRYSTALURIA SINCE SO TURBID 03/17/93 9999999 Prev. Owner: 6570 MARIA JAYK0 CA Date Record Transferred: 3/17/93 CA 03/03/93 0014876 PROFESSIONAL SERVICES 01o1 1. 00 30. 00 BH PANOLOG CREAM 7. 5 ML TUB DRUGS 1. 00 11. 75 BH PLACE SMALL AMOUNT ON AFFECTED AREA BH DANVILLE VETERINARY HOSPITAL 02/08/94 P a t i e n t p r o f i I e b y A n i m a 1 Page 2 Name; BANDIT Ident: 7825 BANDIT Species: CANINE Owned by ; LUKE LAWLOR Date invoice Description Code Qty Price Prov 03/03/93 Note==) SEROMA S09MUSC LAYER APPEARS INTACT. DRAINED SEROMA, T=101 CAISEROMA. 0 SAYS STILL HAS ABIOS LEFT OVER, ADV -ro CONT,, ADV TO USE CONE WHICH 0 SAYS HAS AT HOME AND TO HOTPACK 02/19/93 0014488 DI TRIM 480MG - DRUGS 28. 00 37. 10 TW GIVE I TABLET TWICE DAILY FOR 14 DAYS, TW UNTIL ALL PILLS ARE GONE. TW 02/19/93 Note==> DR. WILLIAMS-- CC: was spayed today at SPCA; incidental finding an pre-op exam there was purulent vaginal d/C. 0 said dog had not been "sick", ie no PLJ1PDj no v5 appt. good. No report on go-home sheet given to o, that surgeon found a pyometra. CSI : GAR; purulent vag. d/c; T=101. 2. Wt=510 EAJ : r/o, vaginitis EP3 .- rx' d Ditrim for 14 days. 05/01/92 Note==> TS; OWNER IS NO LONGER AT THIS ADDRESS: 216 E. VALLEY CREEK LN. NO NEW ADDRESS. 01/29/92 0001105 VET-KEM OVITROL PLUS 16 RETDOG 1. 00 9. 00 CA OLD COMPUTER CHARGES ADJUST 1.00 108. 00 TW DHLPP PUPPY SERIES #3 29080 1. 00 18. 00 CA WORMING. 1505 1. 00 18. 00 CA 01/29/92 Note==) ECC3TAPWM 1NJ. DHLPP[P] 1. &CC DRONCIT SCS. DHLPP SO. 01/06/92 0000152 RABIES 2850 1. 00 18. 00 TW DHLPP PUPPY SERIES 2808 1. 00 18. 00 TW 01/06/92 Note==) DR. 16 CC:VAX (S) :NO V/D, APPT. GOOD, PE NSF, BAR. (0) :WT=28# T=101. 4 (A) .-HLTHY (P) .-DHLPPIRV, DISCUSSED HWD. 12/18/91 Note==) [CC] 15 DHLPVICPE]nsf[OIWT=32#T=1()2. 5CA]appears healthy CP]DHLPP 5(2. 15 ret in 3wks for DHLPP and RV. 15 12/17/91 Note==) 2801-DHLPP 15 11/19/91 Note==) 2808-DHL-PP PUPPY SERIES 15 rCC3DHLPP[PE3ccnjunctivitis DU, mm=moist/pk. crt (2%ec. Ins=nsf 15 h/l=nsf. mild seborrhea 15 siecaLC3WT=14. 5#T=102. J. [Rlconjuctivi.tis 1.5 CPIDHLPP SQ. HNP eye oint TID 10 days. boosters in 3wks. 15 LIM MW • r .. .- °iii u��1 �' j►T .i _.,,.LI►.. as.a1. ��a./Jr a. .f1J. .f ..r, a:.�!,r:�..�. �' !/. sr.l� �a'-rr:• ....In 1 �t t . � / ..- • � _./+.r:_/'fir �.a_.._. X11. -� �,':�.ara.I _ , ( `,.�.�o�Mj..., .. i►..1�'.. r ,. Irk .t` __.lr►.._ ! it s t ri OF OW"fq icasaBFMMO COLOR UK. aRTMOAt __ MAMF SpLY(D ALTlRHD i i DATE { - Z.. e _ CUL , 2 ol S T i 010 cry L7' r i � I wers NAME 1" 1aAM£IM C i NAME OF OWNER NAME OF PET SPECIES BREED COLOR BEX ,. BlRTMDywTQ SPAYED ' ALTERED DATE �_ IA ` f siz�1►"Jl O1NiVER PET'S NAME �� Z,'V- TEMPERAMENT I _ NAME ,5a1n6U-f r, � � RECORD NO. J ` e !4 PAGE Z ITEM CHARGE AA till 71GZ Gam+YL-Q- bl TOTAL BAL PREV_ PG. TOTAL DEPOSIT # BAL DUE TOTAL PD. / | ! | . � . ` ! . . FEE 1994 ALL CREATURES VETERINARY PAGE : It. � PEGGY ROBERTS, PVM & RUTH ADAMS . DVM | � 6612 DUBLIN BOULE ARD' i DUBLIN, CA 94SAS | | 510-829-6260 i Luke Lawlor CLIENT IO : 00267 1P.O. Bow 1182 | INVOICE: 56q79 | ` n�"Ramon, ��, 94583 i | _----___---__—_'------'—__----___-_-____-_—__�____- -----------------------------:--:--7777-- ' t" / M� IN BAN SPECIES: CANINE /�l�: o,.� 05. Son �8�(C> PATIENT NAME: BANDIT BREED: R0T N[lLER BIRTHDAY.| ' V'Yi ______________ __ ______ _______ _ __ __ } � _ - — --- ' ' -- —r----- \ | � exam—diagnostic � | $ 30.�7 anesthesia—gas/ 1st 30 min. | 75 .00 anesthesia—gas/addnl per hr 3. 75 283. 13 surgery major per hour 3 .5 1260 .00 � fluid therapy—intraoperative 33. 64 hospital day patient or ovrnt 17 .25 | vetest pre—anesthetic panel 28 .00 flush surgical site 21 .00 injection—antibiotic 24 . 15 ��------ ��___ \ PATIENT SUBTOTAL: ----------------- $ 1772 .o4 ! TOTAL< INVOICE- PREVIOUS BA ANCE: $ 13.1c, / / BALANCE DUE: $ 1785 .91-1 | | \ � / | . � . | . ' | \ ' ! � HANK YOU FOR ENTRUSTING YOUR PETS IN OUR CAR WE PRIDE OURSELVES ON | � TREATING YOUR ANIMALS AS PART OFi UR .FAMILY. . � LATE CHARGE applied to all accounts unpaid after 30 days. LATE CHARGE Computed by a periodic rate of 1.50 % per month, which is the ommol percentage rate o!f 0,00 inimum Charge $4.50 / | ! | / _~ / FEB 09 1994 ALL CREATURES VETERINMpY HO PEGGY ROSIRTS, DVM & RUTH ADAMS., DVM � ��z� uu��N BOULEVARD . � | DUBLIN, CA 906B ( | 510—S29-6266San Luke Lawlor, CLIENT ID: 00207 P.O. Box 1182 XNATPA' m6mr!� ' CA Lr | P— SPECIES: CANINE i °�'""'` po| 8RE[O; 80TTH[lLER BIRTHDAY-, tOT91 _ � _ � -_ -~___ `~-7=7,7—,_====`___-__ �. recheck emergency' clinic $ 30, 76 hospital day patient or ovrnt 17 .25 fluid therapy—per day/SQ or IV / 0 .5 24 . 15 � treatment in hospital 13 .80 Amoxicillin 400mg \ 40 27 . 30 Elizabethan collar 30 | 9 . 60 ------------------------------------------------------------ i PATIENT SUB OTAL: $ 122 .g6 | ) | ��-—-----�� TOTAL INVOICE: $ 122 ,�6 ,i PREVIOUS BALANCE: $ 1285 94 / -____---_-- i BALANCE DUE: $ 1408.80 | | | / | . | � � ! . | � | / ! � | i . � ' ( THANK YOU FOR ENTRUSTING YOUR PETS IN OUJ CARE . WE PRIDE OURSELVES ON � TREATING YOUR` ANIMALS AS PART OF OUR FAMILY. � \ i | ! | | i LAT[ CHARGE applied to all accounts unpaid aftor .30 days. LATE CHARGE Conputed by o periodic i rate of 1.50 X per month/ which is the annual percentage rate of 18.00 X� Minimum Charge $4,50 ` \ / | � | ) . TRI-VALLEY VETERINARY EMERGENCY CLINIC 3 794 6743 DUBUN BLVD.,#13 :DUBLIN,CA 94586 828-0654' �. EMER.FEE EXAMINATION! CONSULTATION LAST M FIRST NAME MI LE NAME MEDICATIONS! ShoRX STREET AdDR A APT# INJECTIONS C, �([} J? CITY �--� �,• , ATE ZIP ELECTRO- CARDIOGRAPHY �} MI I N DATE 11<�14�- HOME PHONE OTHER PHONE CURRENT AC INATFONS SEDATION/ P_ ANESTHESIA P IE NAME aptrid& E5 E D �^ PA AGE aR I RADIOGRAPHY CASH cHEc►c VISAMrc LABORATORY 1 t�ILJ C PAYMENT 0 0. Q Q FAMILY VETERINARIAN PREFERENCE SURGERY AUTHORIZATION FOR MEDICAL AND/OR SURGICAL TREATMENT I HEREBY AUTHORVE THE:DOCTOR ON DUTY(AND ASSISTANTS THE DOCTOR-MAY DESIGNATE)TO ADMINISTER TREATMENT AS IS CONSIDE ED - THERAPEUTICALLY ANDIORDIAGNOSTICALLY NECESSARY ONTHE BASISOFANDINGSOURINGTHECOURSEOFSAIDEVALUATION.IALSdCON TO TREATMENT THE ADMINISTRATION OF SUCH ANESTHETICS AS ARE NECESSARY AND SUFjICAL PR 91 EMEf{GE11!NArl�i}E. JL{]pw;' �i J14- E a THEREBYCERT(FYTHATIHAVEREAOAND FULLYUNDERSTANOTNEABOVEALITFIDRI WI(ONF0RMF:DICAL�RSURpC ;f1EATtafW.-itEREASONS FLUID WHY SURGERY IS CONSIDERED NECESSARY,ITS ADVANTAGES AND POSSIBLE COMPLICATIONS IF ANY, WELL AS POSSIBLE ALTERNATIVE MODES OF THERAPY TREATMENT,WHICH ARE EXPLAINED TO ME BY THE DOCTOR.I ASSUME FINANCIAL RESPONSIBILITY FOR ALL CHARGES INCURRED TO PATIENT,CONSENT TO RELEASE OF MEDICAL INFORMATION,AND AUTHORIZE DIRECT PAYMENT TO THE TRI-VALLEY VETERINARY EMERGENCY CLINIC.' 1 UN THAT EMERGENCY PATIFJ{TS MUST BE REMOVED PORAI THE GUMC DAILY BY 8:00 A.M.THOSE.RECEIVED ON SATURDAYOR SUNDAY MAY, DRESSINGS qECgSSAfW.BE HEI.D UNTIL DAY AT B:0DAM.IF FAIL TO REMOVE SAID ANIMAL BY THAT TIME I WILL BE RESPONSIBLE FOR ADDITIONAL CHARGES. `" HOSPITALIZATION of OWNER OR-RESPONSIBLE A�7 NASA! CANNULA (� X OXYGEN THERAPY ALLERGIES AND/OR MEDICATIONS if _--,fU SPECIAL ALL PRICES OF TAXABLE ITEMS INCLUDE REIMBURSEMENT FOR SALES +r S' PROCEDURES TAX COMPUTED TO THE NEARF bT MILL. a��. VZA TE ENTERING"COMPLAINT: t ISCELLANEOUS TEMP. HR. R-R. TOTAL Q HISTORY (D PHYSICAL FINDING O DIAGNOSIS O TREATMENT METHOD DEP IT ( . BALANCE M D DUE 'i.. J02a g1774I TOTAL METHOD?,: PAYMENT CONTROL LOG MEDICATION AMT_ ROUTE TOTAL ANES.TIME SURGERY TIME DISCHARGE WITH: LEASH X-RAYS LAB SAMPLES RX CARRFER CALL YOUR REGULAR VETERINARIAN TODAY FOR-•,". APPT-ON - ISOFLOURANEJO¢ HALOTHANE/Oa ' DATE Vr-nMINARIAN DATM• TIME Rf�f ` TECHNI�UW REL ED OWNEFOAGENT yz ,� teerpersEon A -71 RANE UTE WE '" '° " 74 " • a+e S mea M� aeao .r.sm r.a ao .wa respiratory ! respirator! rite ^A�A� *' rote A � 3 - InwG, rr-ih, r w � rs� Q ' a '► �rt s 1 � w ` If 8 XL1'Z$ w � a r i w A � 1 w A W � �i � g M .. ® i alwl'" o M �►E{„et... o iw r �+EIeAE�f patieet's $,n ab IIV.A•vsMr 6"41b' yA4� r 4I��e..►N�+ �tt�t��e ° l FIM it Va � n 7�i8i;�i ....N.-ti+r�A —�+wrr►.r.Ia ...evr�.Pen '--wegrus .•«w�.rw•+waw�ww.•s�awa.�t+l...�*.e+r.+�w do q6P f,�11a2ratl M r wo N 'i M w N Mr w r *a* f�ti t�iie�tf CC �,. rs, o cs ® �r on c"s � a`c ZA 46 La ++' NN M � ' b r � V y M 116 p a - .:. w s A ffi � s � j1Np 3WL�r �eo�iislsia G-� ISJi !lAt�fiJ a=4 i osltve r rr=aq .n sw =w sw w ZZ 5 live a�wat�tAeij S�,l w r _ w M CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 1 4, 1994 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount:Not to exceed $25000.00 Section 913 and 915.4, Ple n J . Finis" CLAIMANT: PAGE, James MAY 9 U 1994 ATTORNEY: Elizabeth m. Guagenti, Esq. COUNTY COUNSEL Jacoby & Meyers Date received MARTINEZ CALIF. ADDRESS: 100 Bush St. , Ste. 700 BY DELIVERY TO CLERK ON May 19, 1994 San Francisco, CA 94104 BY MAIL POSTMARKED: May 18. 1994 . I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHH gg DATED: B1fIL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 1/) 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). ( 1 Other: Al Dated: (c( 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 for this date. Dated: l —I[� PHIL BATCHELOR, Clerk, By LaAA0A4 ) , Deputy Clerk s 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 warnina 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. Dated: 9 9 BY: PHIL BATCHELOR by �� Q _Deputy Clerk CC: County Counsel County Administrator u�Js r ul uj r4 '@a r 0.4 ro rJ M °; a3 �4 d •N ' NdCa Nom' - � K ` t ro 144 t9 FC Q) N a. a 0 ""€ x w • � +-) O 0 Ln M � � fi•1 rr, .+ d ® ru b� CCO d cc A� N O � V w 7rn c O to d o V ° mLi` wow b n. —cn A Ciaii': to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. 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 RE: Claim By ) Reserved for Clerk's filing stamp JAMES PAGE RECEIVED -_ Against the Country of Contra Costa ) :MAY 1 9 10 or ) SHERIFF °S DEPARTMENT CLERK - r �. �r SUPERVISORS District) c- _f)STA CO. Fill in name ) The undersigned claimant hereby makes claim against the, County of Contra Costa or the above-named District in the sum of $NOT TO E ,CE,!,D and in support of this claim represents as follows: MU IPA QRS SDICT..q-01' �_Y LN_ 1. When did the damage or injury occur? (Give exact date and hour) 11-23-93 ..at approximately 1 : 30 p.m. 2. Where did the damage or injury occur? (Include city and county) UNINC - CONTRA COSTA - SR4- E/B near Bailex Road 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimant was a .passenger. in a Contra Costa County Sheriff' s van when the van collided with another vehicle . 4. What particular-act or omission on the part of county or district officers, servants or employees caused the injury or damage? Failure to ensure safety of passengers by not installing or utilizing seat belts . Claimant was injured as a passenger in said vehicle so negligently maintained and operated by defendant. %ove-) �. wnat are the names of county or district officers, servants or employees causing the damage or injury? Elmer Ayeres Glasser III (driver) Contra Costa County Sheriff' s Office Specific identities of Names Unknown ---------------------------------------------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Facial trauma-- neck--back strain . - right hip trauma left eye trauma 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Unascertained at this' time Mak an c� vomer has 000 e . ------------------------------ ------------------------------ $. Names and addresses of witnesses, doctors and hospitals. Kaiser Hospital Merrithew Memorial Hospital Aubrey Swartz , M.D. COAST, Physical Therapy --------------------------------- -------------------------_�__��_..------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 12/07/93pol :�e �epor � $ 6 . 00 _ 04/15/94 med `c �lrec�orcis (Kaiser) $ 16 . 53 05/03/94 medical records (Merrithew) $ 24 . 99 Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by wme per-son on alf." Name and Address of Attorney ' JACOBY & MEYERS LAW OFFICES 100 Bush Street, Suite 700 Clai is gna e San Francisco , CA- 94104 23 Sunnvhill Wa Elizabeth- M. Guagenti, Esq. Address ' Pittsburg, CA 94565 Telephone No. (415) 399-8951 Telephone No. (510) 432-9239 # # # # # V 1 9 # # # # # # # # # # 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 ($1,000), 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 impriso:unent and fine. 6S~ , DY14. Ruth E+ Adam DMK Apr 11 14,, To whoaa 3 t may comern, I examined ``Bandit" Lawlor, as 3 1/2 year old Ftottweller„ on February 9, 1994.. At that time her own8ar.�.-y.�strts�: AAA VII g- Edd..: tolyl me she hats b spayed February 19, 1993 at the Animal Shelter-. Luke: told me she haad had a vagkna►l discharge since . when she was spayod and had bewerti given : antiblotid:%-.'for at with.-baying. very little effect. Up-on pbyriicarl exact I faun* odifeYrausd vaginal discharge and a very largm f!..Jid _ZLIIed -mass- ass- tho 1-auda i abdomen. --�-,�s,�r�3►raged p 1- - fmann tho warts*. I was also abto to palpate a s"1ler fluiel fill-ed mass below (ventral to) the large mass in the area of the bladder. . Based an the history and my physical find Lngs Wif- .,"J�_ -:.,,elected for Bandit ` to have an oxploratory surgery. During the surgery I found a pus filled uter i_ne body and left uterine horn wiito °thw :bladder ti"tly adhered to the uterine body. There were no ovar lo*, np left kidney and no right uter i ree hor*% present. 'Therm Nati scar- i i ssuv pr.esertt in the area where the haft k i dneay should have been. The Burger-y took a long time to parfortn, the majority of the time being devoted to redtoving the bladder from the sur facet of the ut+ertn a body. Band i t rare toverwd from the surgery uneventfully. In conclusion this dog'% major problem was caused by anincomplette ovariohystjereetomy which left two thirds of the uterine mass intact . : Instead of removing the whole thing. The scar tissue in the area where a loft k i drsmy should have been. i s 'ev i d enc+e that 'aa kidney had b mean there originally. It is root core 1 us i ve evidence as this is anis* the ,area where the left ovary was removed but .i t is extrivaiaaly rare for ,a dog to be born %i-th only one kidney. It is impossiblo to predict whot6or slate,,._ .. ani 1.1 J a+r Orty. Peab Iemm in- the f uturo because she. only .has- tit>e _.k�Wtnrey, . 9 rts, DVM 6672 D Blvd. * Dom. GA 9LW ; (510).82MM aY CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIAJUNE 14, 1994 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph I begiven�pursuant to Government Code Amount: $2,500.00 Section 913 d1+5':4..�� Ai'sas ote all "Warnings". CLAIMANT: S-Ri.N R, William MAY 1 9994 COUNTY COUNSEL ATTORNEY: Jeffrey A. Feldman MART1NEZCAL1f: Date received ADDRESS: 1340 Arnold Dr. Ste. 120 BY DELIVERY TO CLERK ON May 31, 1994 Martinez, CA 94553 BY MAIL POSTMARKED: Hand Delivered via: County Counsel 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHHIL D epuLLOR, Clerk DATED: 3 1 yQ �� va aqa� I1. 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). ( ) Other: Dated: 3 f �? °/ L BY: l 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. BOARDORDER: By unanimous vote of the Supervisors present (VS) 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. Dated: tAAA A ( PHIL BATCHELOR, 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 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 warnina 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. y Q� Dated: _ Br: PHIL BATCHELOR by �.`�� Deputy Clerk, CC: County Counsel .County Administrator CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: May 27, 1994 TO: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel e- By: Gregory C. Harvey, Deputy County Counsel RE: Claim of William Skinner Attached is a copy of letter from William Skinner' s counsel Jeffrey Feldman. If Mr. Skinner has already filed a claim no action is necessary. If he has not filed a claim, please treat this as a claim and handle in the usual manner. cc: Risk Management - ---'---- LAW OFFICES JOHN H. CONVERY 1340 ARNOLD DR..STE. 120 MAR'IINNEZ,CA 94553 JOHN H. CONVERY TEL: (510)372-8201 JEFFREY A FELDMAN FAX (510)229-0109 May 20, 1994 RECEIVE® Office of Revenue Collection Attention: Mrs. Bischoff MAY 3 1 1994 50 Douglas Drive, Suite 301 Martinez, CA 94553 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Re: Incident occurring on 5/9/94 involving William Skinner Dear Mrs. Bischoff: I understand that you have spoken to Mr. William Skinner regarding the incident that took place on May 9 , 1994 , wherein Mr. Skinner was assaulted and battered by one of your employees. Apparently, Mr. Skinner had gone to your office to pay a parking ticket. Mr. Skinner was apparently not thrilled about paying his ticket, and made what most people would consider to be an off color remark. Thereafter, an employee of your office apparently came out from behind the counter and forcefully told Mr. Skinner that he would have to immediately leave the office. Mr. Skinner stated that he would refrain from using any further off color language, but that he wanted to take care of his ticket. The employee, a rather large black man, then forcefully shoved Mr. Skinner up against the wall, causing Mr. Skinner to reinjure his neck. Mr. Skinner recently saw his physician, who diagnosed Mr. Skinner as having a cervical strain. The unprovoked attack by your employee is abhorrent, and Mr. Skinner hereby demands compensation therefore. Mr. Skinner would like to avoid the filing of a formal legal action, and therefore hereby makes demand of $2, 500 in order to settle this matter. If we cannot settle this matter within 10 days from the date of this letter, a lawsuit will be filed. Thank you for your kind attention to this matter. I would appreciate your informing your employee of this letter, so that he may respond directly if he so desires. I look forward to hearing from you soon. Very truly yours, L/ V l J f f -e ' �. Feldman. For the Firm JAF/lm cc: William Skinner clicn0skim rLltr • - � CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIAJUNE 14, 1994 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $10,000,000.00 Section 913 andPe's" note a•11 "Warnings". CLAIMANT: WHIITEN Timothy Allen MAY .2 6 1904 ATTORNEY: COUNTY COUNSEL Date received MARTINEZ CALI F. ADDRESS: 340 .South 49th St. BY DELIVERY TO CLERK ON May 26, 1994 Richmond, CA 94806 BY MAIL POSTMARKED: May 25, _1994 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a ,copy of the above-noted claim. DATED: JyIL BATCHELOR, Clerk /1 `�n...� (2��" ePuty II. FROM: County Counsel TO: Clerk of the Board of Supervisors (MVf 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: MaA 611 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 for this date. Dated: PHIL BATCHELOR, Clerk. By ,a' QOA_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 warnina 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 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. Dated: wv,0 s BY: PHIL BATCHELOR byg d` A� � Deputy Clerk CC: County Counsel County Administrator Z11 � . IA ca Ln ri IZ ttP 'ON, i V. - r Claim -to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury •-•o person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. 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 RE: Claim By ) Reserved for Clerk's filing stamp M d, , ) RECEIVE® Against the County of Contra Costd MAY 2 6 1994 or ) CLERK BOARD OF SUPERVISORS District) CONTF1 COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ X. 00 6.006, 910 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 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) WA'14 i3i�/'nl�c !q/f�SF�� lirlowzsDp-!zcf /i9v j/U�c&C l� IV fER D, �O�fN��l ,6!/ &V S.� 10 /�9 q 2 - !1� QD/t��1L�/(� �fJU/C�/&� (JJ�$r�/Gl t C.(� S f'n1r1V J11 4. What particular 4 or omission on the part of county or district officers, 'h servants or employees caused the injury or damage?_ / " / � llaE d C;c 1��i 1 i` <`At� 1�i� ��y i rv1�Jgi�S6 ?W d 6�/ j ud3 6 (nl A II'C 4 �'[� "Al PC3� no-s L e l+,scJ�''��v��iF cl i�S .nib^174- 1 t'�-A,,_G� of/!/s)rs -)i4��S cls/)E5 . (over) w 5. What are the names of county or district officers, servants or loyees causing the damage or injury? ,, V�lA/f�ae 00, �o %� �' �� a DKldl. AE. l C;�R y T, liar C 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) B. Names and addresses of witnesses doctors and hospitals. 1' `1,61!100 ,fir 13SScvill o/�rrc� ow wj/-Srvl% t� L �,c 9. List the expenditures you made on account of this accident Ir injury: DATE ITEM AMOUNT k/K. :4 r*�e�*— )1 �' Gov. Code Sec. 910.2provides: j "The claim must be signed by the claimant SEND NOTICES T0}: (Attorney) or by some person on hisbehalf." Name and Address roof Attorney- 1'n►��J 9 �L� Clai is Signature) Address Telephone No. Telephone No.(,S-/© � � �! -0�Z6 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 ($1,000), or by both such imprisonment and fine, or by imprisonment in 6e state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 'EZ , 'elv, ON c� NI A,-�(Z# 2 2�l irk .� c� .��, c1 'ev _ 'k c _ / x CL) �G ! l"rG t�.� !�cid° (o cW/ s /—Y- co aj a Cc-� I Ic v do��-5 bq o 114,1 ht, AV �A-Sy 5 /Y�Ir/xCTI /� � P Mo d r,- Wooed oed s:"i�r� C � _�C�� q;6_ / , /_ reel � e —t_S _,'_l • fil J�d ie V, No eO)*I41Ab411 ovs eac..,kLm Z4 Ie 16 CL r �� A' ° y � 9 f J'od -rt: /NA (Fa joa eer !_/ ,A ✓�i� � �Z10(4 ��.��-� ' - �o _ ✓31 fps ,5r-14L—r n r --71_, Girl AeEA. 60 G e, cs �- - �- �� 'a �'� _ AGS �' ' 611 �CA 7-2 71 T-24 -t-A�l-�-1-W- 1:9--1 (Dc0/zt,,O V 0)?G 0,P;-, ,,A.elylrV i�2 r rb-�/ t~� i-nAjf k;6-G�{ el ev eo ZE 5 Tle-JI AIM/ clr . OVIE '-7o cllo"ip-M m4 CL ryez 'X U1. A 1 2 IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRICT 3 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 4 BEFORE HONORABLE WALTER D. ROGERS, JUDGE, PRESIDING 5 ---000--- 6 THE PEOPLE OF THE STATE OF CALIFORNIA, ) 7 Plaintiff, ) No. 158412-7 8 VS . ) CHARGES: 9 TIMOTHY ALLEN WHITEN, ) 1) PC 69 2 ) PC 69 10 Defendant. ) 3) PC 136 . 1(B) ( 1) M 4 ) PC 242 M 11 ) W/DEF ENHANCEMENTS 12 13 REPORTER' S TRANSCRIPT OF PROCEEDINGS 14 MT. DIABLO MUNICIPAL COURT, DEPARTMENT 4 15 COURT ANNEX, 1010 WARD STREET, MARTINEZ, CALIFORNIA 16 TUESDAY, JANUARY 4 , 1994; 1 : 30 A.M. TUESDAY, JANUARY 11, 1994; 9 : 00 A.M. 17 18 ---000--- 19 A P P E A R A N C E S 20 For the Defendant: IN PROPRIA PERSONA 21 22 23 • 24 25 26 27 Reported by: RICHARD V. LUNA CSR NO. 1850 28 1 TUESDAY, JANUARY 4, 1994 1 : 30 P.M. 2 P R O C E E D I N G S 3 ---000_-- 4 THE COURT: Timothy Whiten. Go to the podium, sir. 5 You are being arraigned this afternoon on a felony 6 complaint. 7 THE DEFENDANT: Wait a minute. Wait a minute. I got 8 arrested for a misdemeanor complaint. 9 THE COURT: Complaint -- 10 THE DEFENDANT: What -- 11 THE COURT: Let me finish. 12 Complaint alleges resisting an executive officer, a 13 felony. 14 THE DEFENDANT: Resisting an officer? 15 THE COURT: Count 1 and Count 2 . 16 Count 3 is dissuading a witness . 17 THE DEFENDANT: What, threatening a witness? 18 THE COURT: Can you afford an attorney? 19 THE DEFENDANT: Your Honor, how many felonies I got? 20 THE COURT: Two. 21 THE DEFENDANT: What was they now? 22 THE COURT: Resisting an executive officer -- 23 THE DEFENDANT: What's that? 24 THE COURT: A police officer. 25 THE DEFENDANT: Wait a minute. I got arrested at 26 Taco Bell, right? Everybody heard what she came in and did. 27 If you hold me illegally -- what you doing? 28 THE COURT: I am going to refer you to the public 2 1 defender on the assumption you cannot hire your own attorney. 2 January 11th at 8 : 30 is your next date. 3 THE DEFENDANT: January 11th at 8: 3,0? 4 THE COURT: For acceptance of the Public Defender's 5 Office. 6 THE DEFENDANT: No. I want to -- don't I get -- what 7 they call that, preliminary hearing next? 8 THE COURT: You'.11 get your preliminary hearing. 9 THE DEFENDANT: Within ten days, right? 10 THE COURT: Right. 11 THE DEFENDANT: No problem. How much is the bail? 12 THE COURT: Thirteen thousand dollars . 13 THE CLERK: Thirteen thousand. 14 THE DEFENDANT: Let me ask you this . Could I go get 15 my check and pay the money? 16 THE COURT: Let me see. Excuse me, it's $10, 000 . 17 THE DEFENDANT: Ten thousand. Excuse me, Your Honor. 18 Could I get OR and get my check and pay the fine? 19 THE COURT: I 'm not willing to do that. 20 THE DEFENDANT: What? You holding me illegal, man. 21 You have to kill me to take me to jail . 22 ---000--- 23 24 25 26 27 28 3 1 TUESDAY, JANUARY 11, 1994 8: 30 A.M. 2 P R O C E E D I N G S 3 ---000--- 4 THE COURT: Timothy Whiten. This is a felony matter, 5 Mr. Whiten. 6 Is the public defender representing this gentleman? 7 THE DEFENDANT: No, I don' t want him to represent me. 8 He telling me stuff that ain' t true. 9 MR. LISS: For the record, Judge, Mr. Whiten 10 expressed belief he had a right to a preliminary hearing in 11 three days . 12 THE COURT: Ten days . 13 THE DEFENDANT: I know it's 10 days after 14 arraignment. I was arraigned on the 4th. So you got three 15 more days from today. 16 THE COURT: You were arraigned -- 17 THE DEFENDANT: I don't want the public defender. At 18 this time I would like to express my rights and represent 19 myself . Is that all right? 20 THE COURT: You .have a right to represent yourself . 21 You understand there is a grave risk involved in representing 22 yourself? 23 THE DEFENDANT: Yeah. 24 THE COURT: What is your level of education? 25 THE DEFENDANT: Two years of college. I studied law 26 for about three years, right? 27 THE COURT: And you do not want to have the public 28 defender represent you? 4 I THE DEFENDANT: No. 2 THE COURT: You will have no attorney. 3 THE DEFENDANT: I understand that. 4 THE COURT: You understand that you have a felony 5 matter that is pending against you? 6 THE DEFENDANT: I thought I had two. 7 THE COURT: Resisting an executive officer, two 8 counts but one complaint. 9 And now you have a new case I am arraigning you on, a 10 misdemeanor battery upon a transportation officer December 9th. 11 THE DEFENDANT: Well, they got it hooked to this case 12 right here. I was arraigned on the 4th day. That's what they 13 stipulate on this file. 14 THE COURT: You understand -- 15 THE DEFENDANT: I 'm trying to tell you -- 16 THE COURT: Be quiet. I'm telling you to be quiet 17 for a minute. 18 Do you understand you' ll get no special treatment 19 because you are representing yourself and don't have -- 20 THE DEFENDANT: Yeah. I would also make motion for, 21 make motion the court for funds to hire a private legal runner, 22 and would like the court to stipulate that I get, make pro per 23 phone calls to the jail and give me pro per packet. 24 Is that all right with you, Your Lordship? 25 THE COURT: The jail will certainly have their policy 26 with in pro per defendants . 27 THE DEFENDANT: Well, I making a verbal motion. I 28 don't have pencils or paper to write the motion. I would like 5 1 to make verbally so I can, it can be in the transcript. I need 2 funds, like about $1,500 . 3 THE COURT: Well, I ' ll let you make the motion. You 4 want to have a legal runner? 5 THE DEFENDANT: Yeah. 6 THE COURT: And what else do you want? 7 THE DEFENDANT: I need funds, like $1,500 to 8 submitted to my inmate fund account. 9 THE COURT: The record will reflect defendant made an 10 oral motion for a legal runner. 11 THE DEFENDANT: Funds . 12 THE COURT: And funds to hire one. 13 What else? You want in pro per phone calls? 14 THE DEFENDANT: Yeah, please. 15 THE COURT: I think the jail has a packet -- 16 THE DEFENDANT: Pro per packet. 17 THE COURT: What else -- 18 THE DEFENDANT: I was trying to tell you, I need the 19 transcript. 20 THE COURT: Boy, you just keep interrupting. 21 THE DEFENDANT: Excuse me. Excuse me. 22 THE COURT: Do you have a copy of the Complaint? 23 THE. DEFENDANT: Yeah, I do. That' s what I was trying 24 to get back. I got copy of the Complaint. They stated 3 25 and 4, stipulating I was arraigned on the misdemeanor charge 26 you just arraigned me on on the 4th. 27 THE COURT: You want me to read the Complaint to you 28 or can you read it? 6 1 THE DEFENDANT: Here ( Indicating) . 2 THE COURT: I have it. That's for you. 3 You have a right to require me to read the Complaint 4 to you. Do you want me to read the Complaint? 5 THE DEFENDANT: Okay. I 'm trying to tell you 6 something, something else. I would like transcript of the last 7 arraignment stipulating that I was arraigned on two felonies. 8 All I 'm trying to tell you, I have been filed in court, 9 arraigned already on the two misdemeanors already. 10 THE COURT: Well, at this point I 'm not prepared to 11 make a transcript of that. 12 THE DEFENDANT: Then they have -- 13 THE COURT: I will read the Complaint to you. Do you 14 want me to go through the Complaint and read it to you? 15 THE DEFENDANT: Please. 16 THE COURT: In the Municipal Court of California, 17 County of Contra Costa, Mt. Diablo Judicial District. The 18 People of the State of California vs Timothy Allen Whiten -- 19 THE DEFENDANT: Whiten. 20 THE COURT: -- Whiten. Complaint. Felony docket 21 158412-7 . 22 The undersigned states, on information and belief, 23 that Timothy Allen Whiten, defendant, did commit a felony, to 24 wit: violation of Penal Code Section 69, resisting an 25 executive officer -- 26 THE DEFENDANT: Officer? Excuse me, Your Honor -- 27 THE COURT: That occurred on December 31, 1993 . 28 The undersigned further states, on information and 7 1 belief, that Timothy Allen Whiten, defendant, did commit a 2 felony, to wit: violation of Penal Code Section 69, resisting 3 an executive officer, committed December 31, 1993 . 4 Count 3, the undersigned further states, on 5 information and belief, that Timothy Allen Whiten -- 6 THE DEFENDANT: Whiten. 7 THE COURT: -- Whiten did commit a misdemeanor, to 8 wit,: violation of Penal Code Section 136 . 1(b) ( 1) , dissuading a 9 witness from reporting a crime. That occurred on 10 December 31 , 1993 . 11 THE DEFENDANT: Now you are saying -- 12 THE COURT: Count 4 , the undersigned further states, 13 on information and belief, that Timothy Allen Whiten did commit 14 a misdemeanor, to wit: violation of Penal Code Section 242, 15 battery, committed on December 31, 1993 . 16 Probation Ineligibility Clause, two prior felony 17 convictions . 18 It' s further alleged, pursuant to Penal Code Section 19 1203(e) (4 ) , that the defendant, Timothy Allen Whiten, is 20 ineligible for probation in that prior to the commission of the 21 crimes as charged above, defendant was convicted of the 22 following felonies : 23 On or about October 22, 1991, in the Superior Court, 24 State of California, in and for the County of Contra Costa, the 25 defendant, Timothy Allen Whiten, was convicted of the crime of 26 PC 32, a felony. 27 On or about October 21, 1991, in the Superior Court 28 of the State of California, in and for the County of Contra 8 I Costa, the defendant, Timothy Allen Whiten, was convicted of 2 the crime of PC 242/243(c) , a felony. .3 On or about 1987 , in the Superior Court in the State 4 of California, in and for the County of King, the defendant, 5 Timothy Allen Whiten, was convicted of the crime of Health and 6 Safety Code Section 11350, a felony. 7 THE DEFENDANT: That wasn't -- 8 THE COURT: Signed J. Butler, Complainant. 9 THE DEFENDANT: The last charge -- excuse me, Your 10 Honor. 11 THE COURT: Also signed by Ken W. McCormick, Deputy 12 District Attorney. 13 How do you plead to each of those charges? 14 THE DEFENDANT: Wait a minute. I already pleaded to 15 the charges on the 4th filed right here ( Indicating) . 16 That' s -- 17 THE COURT: A plea of not guilty will be entered. 18 THE DEFENDANT: Wait a minute. What you saying? You 19 telling me 20 THE COURT: Time -- 21 THE DEFENDANT: Excuse me. I can' t talk, too? 22 THE COURT: Time is not waived. 23 Now you can talk. 24 THE DEFENDANT: Now can I talk. I already pleaded 25 not guilty. You are rearraigning me again on the charge. I 26 have been arraigned already. 27 THE COURT: If you feel that you -- 28 THE DEFENDANT: Feel like I got a paper saying it was 9 1 filed on the 4th. They had 48 hours to arraign me on the two 2 misdemeanors . Now you are telling me weeks later you are 3 arraigning me on the misdemeanor charge. I think you refill, 4 district attorney has to drop the charge and refill . 5 THE COURT: You can make the proper motion. 6 THE DEFENDANT: Proper motion, right. 7 THE COURT: I will allow the defendant to be 8 in pro per. 9 Do you have any -- 10 THE DEFENDANT: Can I ask you a question before you 11 go on? 12 THE COURT: Yes . 13 THE DEFENDANT: So they have three more days to take 14 me to preliminary? 15 THE COURT: I don't acknowledge that or not, sir. 16 THE DEFENDANT: Shit. 17 THE COURT: Set the dates . Show plea of not guilty 18 is entered, time is not waived. 19 THE CLERK: January 18 at 9 : 00 a.m. , PPX, 20 January 24th at 1 : 30, readiness, January 25th at nine for 21 prelim. 22 THE DEFENDANT: So when is that suppose to be, 23 preliminary hearing? 24 THE COURT: January 25th at 9 :00 o'clock. 25 Enter , plea of not guilty on the misdemeanor and time 26 is not waived on that. 27 THE DEFENDANT: Man, I would shoot you if I had a gun 28 right now. I would shoot you. What kind of shit you talkin' . 10 1 You fuckin' railroading me. You tell me I got to wait until 2 the 25th? I spent 10 days and be arraigned on the 4th. You 3 are saying you just arraigned me. You just arraigning me 4 today? 5 THE COURT: I 'm saying -- 6 THE DEFENDANT: I 'm asking you a question for the 7 transcript. You just arraigning me today? 8 THE COURT: I 'm saying the plea was entered today. 9 THE DEFENDANT: Plea? What, what you talkin' about? 10 THE COURT: All right. 11 THE DEFENDANT: I see what' s happening with, you 12 know -- excuse me, Your Honor. Can I -- wait a minute. What' s 13 up? 14 THE COURT: Let me ask you -- 15 THE DEFENDANT: Back up off me. Fuck you, bro' s . 16 THE COURT: Mr. Whiten, on the misdemeanor matter, do 17 you want a jury trial within 30 days? 18 THE DEFENDANT: You already disrespected my rights . 19 I -- this is all I want from you, Your Honor. I want you to 20 submit the fine. 21 THE COURT: Readiness conference and trial. Time not 22 waived. And show it's jury trial . 23 THE DEFENDANT: I 'm unable to get the funds? 24 THE CLERK: January 21 at 8: 30, readiness, January 26 25 at one for trial . 26 THE COURT: All right. The motion -- 27 THE DEFENDANT: Now can I say something? For the 28 funds -- 11 1 THE COURT: Motion for funds for a legal runner will 2 be on January 19th. 3 The district attorney ought to be prepared to address 4 that on that day. 5 THE DEFENDANT: For what? That's my 6th Amendment 6 right. You denied that. You denied me my rights . You might 7 as well let me go. Deny me the funds to represent myself. 8 THE COURT: All right. Take him back. 9 ---000--- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 I STATE OF CALIFORNIA ) ss . 2 COUNTY OF CONTRA COSTA) 3 4 I, RICHARD V. LUNA, do hereby certify: 5 That I am a Certified Shorthand Reporter of the State 6 of California; that I was .duly appointed shorthand reporter by 7 the above named Court in the foregoing entitled Court and 8 cause; 9 That on the 4th day of January of 1994, and the 10 11th day of January, 1994 , I fully and correctly took down in 11 shorthand writing all of the proceedings had and all of the 12 testimony given in said Court and cause, at the hearing in said 13 matter; 14 That I thereafter fully, truly and correctly 15 transcribed the same into typewriting, that the foregoing pages 16 1 through 12 inclusive, is a full , true and correct 17 transcript of my shorthand notes taken at said hearing and at 18 the time and place therein named. 19 IN WITNESS WHEREOF, I have hereunto set my hand 20 this - day of March, 1994 . 21 22 23 _ �� - RICHARD V. LUNA 24 CSR No. 1850 25 26 27 28 13 _ • ,1 .r '� Ire 1 ; L 1GINA" 2 IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRICT 3 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 4 BEFORE HONORABLE WALTER D. ROGERS, JUDGE, PRESIDING 5 ---000--- 6 THE PEOPLE OF THE STATE OF CALIFORNIA, ) 7 Plaintiff, ) - No. 1584412-7 8 VS. ). CHARGES: 9 TIMOTHY ALLEN WHITEN, ) 1) PC 69 2) PC 69 10 Defendant. ) 3) PC 136. 1(8) ( 1) M 4) PC 242 M 11 ) W/DEF ENHANCEMENTS 12 13 REPORTER'S PARTIAL TRANSCRIPT OF PROCEEDINGS 14 MT. DIABLO MUNICIPAL COURT, DEPARTMENT 4 15 COURT ANNEX, 1010 WARD STREET, MARTINEZ, CALIFORNIA 16 TUESDAY, JANUARY 11, 1994; 2: 10 P.M. 17 18 ---000--- 19 A P P E A R A N C E S 20 For the Defendant: IN PROPRIA PERSONA 21 22 23 24 25 26 27 Reported by: RICHARD V. LUNA CSR NO. 1850 28 I TUESDAY, JANUARY 11, 1994 2 : 10 P.M. 2 P R 0 C E E D I N G S 3 ---000--- 4 THE COURT: Let's set the dates. Show plea of not 5 guilty entered, time is not waived. 6 THE CLERK: January 18 at 9 :00 a.m. , January 24 at 7 1 :30, readiness, January 25 at nine for prelim. 8 THE DEFENDANT: So when is that suppose to be, 9 preliminary hearing? 10 THE COURT: January 25th at 9:00 o'clock. Enter plea 11 of not guilty on the misdemeanor and time is not waived on 12 that. 13 THE DEFENDANT: Man, I would shoot you if I had a 14 gun. Right now I would shoot you. What kind of shit you 15 talkin' ? You fuckin' railroadin' me if I got to wait until the 16 25th after I spend 10 days and then be arraigned on the 4th. 17 You are saying you just arraigned me, you. just arraigned me 18 today. 19 THE COURT: I 'm saying -- . 20 ; THE DEFENDANT: I'm asking you a question for the 21 transcript. You just arraigned me today? 22 THE COURT: I'm saying the plea was entered today. 23 THE DEFENDANT: Plea -- what, what you talk in' about? 24 THE COURT: All right. 25 ---000--- 26 27 28 2 I STATE OF CALIFORNIA ) ss. 2 COUNTY OF CONTRA COSTA) 3 4 I, RICHARD V. LUNA, do hereby certify: 5 That I am a Certified Shorthand Reporter of the State 6 of California; that I was duly appointed shorthand reporter by 7 the above named Court in the foregoing entitled Court and 8 cause; 9 That on the 11th day January, 1994, I fully and 10 correctly took down in shorthand writing all of the proceedings 11 had in the testimony given in said Court and cause, at the 12 hearing in said matter; 13 That I thereafter fully, truly and correctly 14 transcribed the same into typewriting, that the foregoing pages 15 1 through 2 inclusive, is a full, true and correct 16 partial transcript of my shorthand notes taken at said hearing 17 and at the time and place therein named. 18 IN WITNESS VpiEREOF, I have hereunto set my hand 19 this _1 __- day of January j 1994 . 20 .21 22 RIC . LUNA 23 CSR No. 1850 24 25 26 27 28 3 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF CO A R OC TE 3 ---000--- 4 PEOPLE OF THE STATE OF CALIFORNIA, APR - 7 5 Plaintiff , sm--riiEN 1..V%M1R.cm! rr Ct.E tib CONTRA COS 7,COUiV;V '►fir ----.. 6 vs . 1�5"` F 53-6 7 TIMOTHY ALLEN WHITEN , ORDER DENYING MOTION TO DISMISS 8 Defendant . RE DISCOVERY 9 10 The Court has read and considered the motion to 11 dismiss re discovery . The Court finds the District 12 Attorney has complied with the discovery order of Judge 13 Minney except with reference to the beer can . As to the 14 beer can, defendant ' s investigator has not requested the 15 discovery. 16 The other matters set forth in defendant ' s 17 discovery motion have been denied by Judge Minney and 18 denied by this Court . 19 DATED: < < L 20 RICHARD L. PAT ,04 21 Superior Court Judge 22 23 24 25 26 27 28 CLAIM I �3 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .T01•TE 141% 1994 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $10,000,000.00 Section 913 ar91' ' '" nicile all "Warnings". CLAIMANT: WMTEDT, Timothy .Allen MAY 2 6 190 ATTORNEY: COUNTY COUNSEL MARTINEZ CALIF. Date received ADDRESS: 340 South 49th St. BY DELIVERY TO CLERK ON May 26, 1994 Richmond, CA 94806 BY MAIL POSTMARKED: , May 23, 1994 I. FROM: Clerk of the Board of Supervisors TO: ' County Counsel Attached is a copy of the above-noted claim. ppH gg DATED: ` q BAIL DeputylOR, Clerk 11. 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). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board . TO: County Counsel (1) County Administr or (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 for this date. _ Dated: 1 •PHIL BATCHELOR, 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 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. Dated: l BY: PHIL BATCHELOR by n,�, p e Deputy Clerk v CC: County Counsel County Administrator A � U4 �CD 01.1 b t� INE d CO)OV e 1A I'M t s rzAe F �s 901 mme7/7�"Az CA -ra No �.S6 YR ° . a � 04b F. 9YC06 -oma Claim *to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury '..o person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. 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. L. 1f 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 To. e it i F * � � � � * * * * � � i F e � � � � it it it � i} � if if it it � � � • it i� s � � * � � � RE: Claim By ) Reserved for Clerk's filing stamp {$��!' ) -------- ) sk RECEIVED (!?6N/_!R& (765--/A 00087 V ) Against the County of Contra Cos ) or MAY 2 61994 ) District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTi;:1 COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the scan of $ 10, 000,0 o 0 °° and in support of this claim represents as follows: iL 6M_LILI O�Z 1. W.en did the A=-P a or+ i n jiar r c-oc ? (Give e,.mct date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; de extra paper if required) 0N 14 9,7, f �� —7 Com'n 3 m4c4 E /3y Ce"i-RA. do-s/-4- eov.�y M ACL -A{� 4. What particular act or omission on the part of county or district officers, / servants or employees caused the injury or damage? / f (over) 5. What are the names of county or district officers, servantls or employees causing �;, the damage or injury? V OR, V/H M� UR,5 �i'R Gert� �a �,�- 'C�o��li y N'J� � jo<. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) - Z'k L' 4'ao Z �� B. Names and addresses of witnesses, doctors and hospitals. ��D C� IVP�7i, li011 1 q4 MaeYiW d<N /?el, ��rrtlfl� dAa, AI %�unl��.iti/��! y SnIV /0/1/3 ID r 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT r jN 3� Govie Code Sec. 910.2 provides: 3 VA "Th claim must be signed by the claimant SEND NOTICES TO: (Attorney) or ty some person on his behalf." Name and Address of Attorney C imam's Signature 2q0 IS6 q9` "-0Is !<Z- Address r n� Telephone No. Telephone No. L( - '4 t2l 6 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 ($1,000), 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. CrZ �l�> C'a ��24 �4 Lia v,�r i A00 l/c r<<sc2�Oct� ,Ov ZZs si�� .j- lqqq az Cj' sy l 1Icm8 __e�&H So.-�r /�c�i'C�row e,-)I' l� M T t1j2S j D."R /Y' -1 a_A/ C,cJ/�� sA� ?'o �'!�?e� t��y �, I�l� /`fes< f_Z Z/ice �Scol /✓!1 R.l� ?LLQ /n/ga`/cAL,--k 9d 1-0 c'f lC m y gAck a � Ac , / �d�_ —cL- r � r �lvn. d' sir�sr�'d T G i-llk- c�- c l 76 ®N l /qy T er�-�c �-E a d'U Q JC� IU_ � _I S ice/ o �U_ J_1l � �l %/- 74o l /S s oarz sk1w dr n(d SAM CIAO lir ' �v_�e�� n�c�oR✓JrR �S'ff'ts�9 ��lY� C�l'��r� l % �� Aw d c�(o c — r v e /��— o �r r!"r � , rl•�cs p,r' �rL �'e, b-Lb ,_tea -2 �z r+ —1 am��.s �� el Y 4-1 ` r S, --SZ --- 1� //1li l��( G��i�7�1�,� j—/ �[ !Y!t G i cl4 tiL/A r`r Gc1t`�l rT_%. WonjS/r j_/ /o �V"ll11146 0, 0// @ j .) S ��1 Cc o t�� -I/ IA A�Q"Vsic/-�-/ d14F- cam, f# b(AM cf— nlaI W 140 6L 7 —1 c1 Y�.s of? �,-� l e _l ill rY�i''r srElc -14 6 d d, 00 . T?, Cie C-0 -S-0,_y M- GL- XMI'ga '4 )q CONTRA COSTA COUNTY Number . 9-11 DETENTION FACILITY t Effective 9-1-90 Replaces 10-30-88 POLICIES AND PROCEDURES f SUBJECT FORCE AND RESTRAINTS POLICY Detention Facility personnel will use only that force and restraint necessary to control an inmate who displays a violent or threatening behavior. REFERENCES C.A.C. - 2-5122, 2-5187 , 2-5188, 2-5198, 2-5199 M.S. - 1029C P.C. - 2652.5 DEFINITIONS Force -- Overcoming resistance by the exertion of strength, weight or power. Restraint -- A device used to restrict the movement of an individual. Taser Gun -- A non-lethal control device which is designed to temporarily immobilize and subdue a violent person. The taser generates and utilizes a metered electronic pulsed current through and with the use of either two small contactors or a pair of fixed, telescoping antennae. GENERAL INFORMATION FORCE AND RESTRAINTS 1. Use of Restraints a. Proper restraints will be used only as a precaution against escape, to prevent self- injury, injury to others, or property damage when there is approval from the Facility Administrator or designee, or for medical resons at the direction of the Medical staff. ?� b. Restraint devices will not be used in a manner that is likely to result in an injury to an inmate. C. Restraint devices •will not be used as a means of inflicting punishment on an inmate. CONTRA COSTA COUNTY Number 9-11 DETENTION FACILITY Effective 9-1-90 Replaces 10-30-88 x. d. An inmate placed in restraints will not be; 1, left without proper supervision. }� .2. left in restraints for more time than is necessary. 2. Use of Force a. Only that .force necessary to gain and maintain control of .a situation is authorized. In no event is physical force, justifiable as punishment. 3 . Chemical Agents a. ,. The use of chemical mace is authorized to assist in gaining control of a violent or potentially violent inmate. 4 . Medical Attention a. Medical staff will be notified immediately should an injury occur to an inmate or staff member as . a result of using physical. force, chemical agents and/or restraints. The Medical staff will be responsible for proper examination and treatment of any injuries. 5 . Storage of Restraining Devices and Chemical Agents a. Restraining devices, i.e. handcuffs, leg irons and leather strapping materials will be stored in secured areas in the Transportation Office, Intake, "M" Module and "D" Module. b. Chemical agents and security equipment will be stored in the Sergeant' s Office and in the Facility Armory.. 6 . An .incident and/or crime report will . be written by deputies_ involved in the use of force and/or restraints and forwarded to .the Facility Administrator via the Operations Director no later than the conclusion of the tour of duty. -2 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUNE 141, 1994 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount; Section 913 and 915.41 P, $10,000,000.00 R§% ll0Warnings". CLAIMANT: ydHTM, Timothy Allen MAY 2 7 1994 ATTORNEY: COUNTY COUNSEL Date received MAATINEZCALIF. ADDRESS: 340 South 49th Street BY DELIVERY TO CLERK ON May 27, 1994 Richmond, CA 94806 BY MAIL POSTMARKED: May 25, 1994 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P IL BATCHELOR, Clerk \L l ^��u4-4- 0 4-4- 1 DATED: `1'>1�� 19 q �- B�: Deputy J I1. FROM: County Counsel TO: Clerk of.the Board of Supervisors ( 1/) 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: A, z BY: Deputy County Counsel II1. 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 for this date. Dated: i WAA PHIL BATCHELOR, Clerk, By, SL, OA a'J�� 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. *Foradditional warnino 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. n �I Dated: J 5 BY: PHIL BATCHELOR by ��.o c JIX ,,� Oeputy Clerk CC: County Counsel County Administrator Ci11 t ;y�y♦ k Ct 4 f-C7 cp .' iC'i Asa CPA q�av� 4 MAZ _ /01 ccs°fir e t V. Clam *to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury, ._.o person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. 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 eye * � � � � * * � � * * a * ee � � faee � eesfeseeeeea * e � � * * RE: Claim By ) Reserved for Clerk's filing stamp' _ Zlynailiv dlllsw lnll�� - rt, RECEIVED Against the County of Contra Costa ) MAY 2 7 W& or ) CLERK BOARD OF SUPERVISORS.11 District) CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1Q,6Go. 60 0 611 and in support of this claim represents as follows: 1. when did the damage or injury occur? (Give exact date and hour) 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 pa r if C/'., required) PAg� 0`^l!_� Ito What articular act or omission on the t of count or district officers 4• P Pte" Y , servants or employees caused the injury or damage? 16y 4 (1-040RI2h,,1J ,ny .)014C;`rf?1zN1 -iWc CIIWI ;N W 6A�c� /-7Hgc�l,�d Rvl�s fiver) Gi: eQw'ho- (UL�, rfip 5. What are the names of county or district officers, servants or employees causing the damage or injury? S. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) (2dd 3l > E 8. Names and addresses of witnesses, doctors and hospitals. Rel COU,?- S%✓' rn4R�1'f'(1:Z- / CIA 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT � � Eov. Code Sec. 9.10.2 provides: The claim must be signed by the claimant SEND NOTICES TO:� (Attorney) or by some person on his behalf." Name and Address of-Attorney J Claimants Signature Address R/c / Telephone No. Telephone No. -(o � �9 "- `2 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 ($1,000), 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. 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D . � 1� •I: I I�1: ��•\I` N ' I;r 1 �I �I: �� •��I . � 2► ° I �• - I ;. a , CONTRA COSTA COUNTY Number 9-11 DETENTION FACILITY �- Effective 9-1-90 Replaces 10-30-88 POLICIES AND PROCEDURES SUBJECT FORCE AND RESTRAINTS POLICY Detention Facility personnel will use only that force and restraint necessary to control an inmate who displays a violent or threatening behavior. REFERENCES C.A.G. - 2-5122, 2-5187 , 2-5188, 2-5198, 2-5199 M.S. - 1029C P.C. - 2652.5 DEFINITIONS Force -- Overcoming resistance by the exertion of strength, weight or power. Restraint -- A device used to restrict the movement of an individual. Taser Gun -- A non-lethal control device which is designed to temporarily immobilize and subdue a violent person. The taser -generates and utilizes a metered electronic pulsed current through and with the use of either two small contactors or a pair of fixed, telescoping antennae. GENERAL INFORMATION FORCE AND RESTRAINTS 1. Use ,of Restraints a. Proper restraints will be used only as a precaution against escape, to prevent self- injury, injury to others, or property damage when there is approval from the Facility Administrator or designee, or for medical resons at the direction of the Medical staff. - b. Restraint devices will not be used in a manner that is likely to result in an injury to an inmate.; C. Restraint devices will not be used as a means of inflicting punishment on an inmate. �V'C CONTRA COSTA COUNTY Number 9-11 DETENTION FACILITY Effective 9-1-90 Replaces 10-30-88 d. An inmate placed in restraints will not be; 1. left without proper supervision. 2. left in restraints for more time than is necessary. 2. Use of Force a. Only that force necessary to gain and maintain control of a situation is, authorized. In no event is physical force justifiable as punishment. t 3. Chemical Agents a. The use of chemical mace is authorized to assist in gaining control of a violent or potentially violent inmate. 4 . Medical Attention a. Medical staff will be notified immediately should an injury occur to an inmate or staff member as a result of using physical force, chemical agents and/or restraints. The Medical staff will be responsible for proper examination and treatment of any injuries. 5. Storage of Restraining Devices and Chemical Agents a. Restraining devices, i.e. handcuffs, leg irons and leather strapping materials will be stored in secured areas in the Transportation Office, Intake, "M" Module and "D" Module. b. Chemical agents and security equipment will be stored in the Sergeant' s Office and in the Facility Armory. 6 . An incident and/or crime report will be written by deputies involved in the use of force and/or restraints and forwarded to the Facility Administrator via the Operations Director no later than the conclusion of the tour of duty. -2-