HomeMy WebLinkAbout08 CLAIM 09-13, GARCIA 08-04-09Agenda Item ~
• Reviewed:
' {I 1= A~; ~ AGENDA REPORT City Manager
.;~,~ Finance Director NIA
MEETING DATE: AUGUST 4, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: CONSIDERATION OF CLAIM OF GILBERT GARCIA, CLAIM NO. 09-13
SUMMARY:
The Claimant is alleging injury to his right wrist as a result of excessive force by City of Tustin
Police Officers. In addition to the physical injury to his wrist, the claimant is also alleging false
charges, racial profiling and violation of civil rights. The claimant's allegations stem from a traffic
infraction in which he was initially verbally confrontational with Officers and then became
physically combative during a weapons pat down.
RECOMMENDATION:
That the City Council deny Claim Number 09-13, Gilbert Garcia, and direct Staff to send notice
thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
The City's Claims Administrator, NovaPro, completed an investigation into this incident and
concluded that there is no liability on the part of the City. The Officers involved had an
appropriate legal reason to detain and search the claimant. The claimant became combative, and
was struggling with Officers, which resulted in his injury. Staff recommends denial of the claim.
~~~ ~~~~
Kristi Recchia
Director of Human Resources
ATTACHMENT: Copy of Claim No. 09-13
s:\general liability\claims\garcia, gilbert 09-13\garcia, gilbert -agenda report - gl claim denial 07.22.09.doc
CLAIM,AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
Received via: CITY OF TUSTIN
^ U.S. Mail Time Stamp:
^ Inter-Office Mail
^ Over the Counter 1~~q F1AY 2 ~ P S~ I 0
Claim No: _ /> 9 -/ ~
PLEASE NOTE:
A. Read entire claim before filing.
B. Be sure your claim is against the Citv of Tustin, not another public entity.
C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence
(Government Code § 911.2).
D. Claims for damages to real property must be filed no later than one year after the occurrence (Government Code § 911.2 .
E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered.
E. A claim must be presented, as prescribed by the Govemment Code of the State of California, by the claimant or a persc,n
acting r,n his/her behalf and shall provide the information shown belovr and must be signed by the claimant or a person on
his behalf (Government Code § 910.2).
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private
attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims.
H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
2.
Name and Post Office address of the Claimant:
Name of Claimant:
-Home Address: ~
Home Telephone:
Work Telephone:
Post Office address to which the person presenting the claim dasires notices to be sent:
(if different from above)
Name of Addressee: ~+'r~-}-
Post Office Address: ~
elephone:
3. The date, place and other circumstances of the occurrence or transaction from which the claim arises.
~~
Date of Occurrence: / / ~~1 I /,~ A
Location:. jUS'th ' /~
Circumstances giving rise to this claim:
Time of Occurrence: ~ ,'
a
General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
Page 1 of 4
Claim #09-13
On 11-21-08 around 6:SOpm I parked my car in my garage at 17031 Kenyon Dr. Tustin
CA, 92780 apt B. As I parked my car and got out and locked my doors I was approached
by two officers who, at the time did not identify themselves. One of the officers first
words were "what did u say?" I then stated, "I don't have any idea of what you are
talking about." Then the officer said, "you know what I am talking about say it again, you
got something to say then say I heard you, so say it again." I then stated to the officer
look I don't know what the fuck you're talking, but can you get that fucken light out of
my face!
Now as soon as I stated can u get that fucken light out of my face I was grabbed by an
officer thrown to the rear of my car he bent my right wrist and
I advised him I have medical injuries on that right wrist, officer stated I don't give a
fuck! He even bent it more as soon as I told him, as if he was trying to cause more pain.
I then told him I am not on probation nor on parole, I know my right u cant be doing this
to me, he told me to shut the flick up again, I said I know my rights this is illegal.
He then slammed me again on my rear car and told me to shut the fuck up, I then said
hell no what the fuck is wrong with you, you cant be doing this to me, he then stated I can
do whatever I want you see this, officer points at his badge, we run these streets, trying to
intimidate me, I then stated hell nah I pay taxes I work as a matter of a fact the
government funs the streets and so do I,I pay taxes too and I did not do anything for you
to be doing this to me, officer stated shut the fuck up, I then was like man this
is bull shit, officer stated you know what u said, just say it again, I then did not response,
he then put excessive force on my right wrist, I said a what the fuck, because of the pain I
then screamed and yelled for help, help, real loud.
The first person to arrive was my uncle paul, then officer tarply.
Officer tarply stated whats going on here, I quickly stated the officer is causing pain and
damage to my right wrist on purpose I stated to him I have medical condition and he used
more force after I told him I have problems, officer tarply stated to ease up on his wrist,
and then the officer stated to me if I had any guns or weapons on you, I was like no I
don't and I do not give u the right to search me he then bent me back and said I do what
ever I want in a low voice, I stated this Is bull shit, I told him he can if anything only give
me a pat down, he immediately reached in my pocket and I said on hell nah im going to
sue you and make a police report and tell how bad of cops you guys are, I then was told
to sit down, which I did another officer asked If I can search your car( officer kim)
I stated to him no, he then stated im going to search it weather u say yes or no!
I then started to laugh and say out loud this is wrong and not right!
i
3:
Circumstances giving rise to this claim:
• Excessive force.
• False charges.
• Racial profiling.
• Violation of civil rights.
~~:
General description:
• Hospital bills.
• Eviction caused by Tustin PD.
• Lost wages.
• Doctor appointment, co-pay. So far as know.
The name or names of the public employee or employees causing the injury, damage, or loss, if known.
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6
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If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand
dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury,
damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of
the amount claimed (include copies of all bills, invoices, estimates, etc.)
Amount Claimed and basis for computation:
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP §
86. )
^ Limited Civil Case (~ Unlimited Civil Case
You are required to provide the Information requested above in order to comply with Government Code
§910. Additionally, in order to conduct a timely Investigation and possible resolution of your claim, the
City of Tustin requests that you answer the followinn n~~ac+:...,~
Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises: .
S o~/~~
~ N
~aga,ntlscP t~.cewa~ ~n - - -
J
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.:
Address:
Insurance Broker/Agent:
Address:
Telephone:
Insurance Policy No.:
Telephone:
Claimant's Veh. Lic. No.:
Claimant's Drivers Lic. No.:
Vehicle Make/Year:
Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 4
~~ uie claim involves medical treatment for a claimed inJury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
,~.
i
READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street corners. If City/Agency Vehicle was involved, designate by
letter "A" location of City/Agency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
City/Agency Vehicle; location of City/Agency vehicle at time of
accident by "A-1" and location of yourself or your vehicle at the
time of the accident by "B-1"and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
SIDEWALK
CURB --1'
CURB --Z
PARKWAY
SIDEWALK
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good
faith and with reasonable cause.
Signature:
Date: ~ ~~D ~ O
Page 3 of 4
~:._ ~`
IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION.
SIGN BOTH FORMS.
APPLICATION FOR LEAVE TO PRESENT A
LATE CLAIM TO THE CITY OF TUSTIN
The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made
within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances,
leave to present a late claim will be granted (Government Code § 911.6). The reason for delay in presenting the claim is:
Date
Signature of Claimant
Revised 12/2004
Page 4 of 4
~:: ~,...
WESTERN MEDICAL CENTER SANTA ANA
1001 North Tustin Avenue, Santa Ana CA 92705
(714) 953-3331
Gagandeep Grewal MD ~ Discharge Instructions
GILBERT GARC
SPRAIN: WRIST oos7773;
You have a sprain which is a tearing of the ligaments that hold the joint together. There are no broke
bones. Sprains take from three to six weeks to heal.
n
HOME CARE: _--=
1) Keep your ARM elevated to reduce pain and swelling. This is very important during the first 48 ho
2) Make an ice pack (ice cubes in a plastic bag, wrapped in a towel) and apply for 20 minutes eve w
hours for the first day. Cont(nue this three to four times a da until the swellin
y ryt o
g goes down.
3) You may take Tylenol (acetaminophen) or ibuprofen (Advil, Motrin) for pain, unless another ain
medicine was prescribed. p
4) If you were given a splint, wear it for the time advised by your doctor. If you are unsure how Ion t
wear It, ask for advice.
go
FOL-_ L_ OW UP_ with your doctor or this facility if the pain does not begin to improve within the next fiv
[NOTE: If X-rays were taken, they will be reviewed by a radiologist. You will be notified of a e days.
findings that may affect your care.)
ny new
RETURN PROMPTLY or contact your doctor if any of the following occur:
-- Pain or swelling increases
-- "fingers or hand becomes cold, blue, numb or tingly
'----- .
~ ~I 5 ' I ~ x-~ S'S' s
11/22/2008(00:21) -EMERGENCY DEPARTMENT
Page 1 of 2
Gagandeep Grewal MD's
MEDICATION:
Discharge Instructions (cont.)
TYLENOL & CODEINE
GILBERT GARCI~
00877733
You have been prescribed a Pain Medication containing codeine and Tylenol (acetaminophen).
Codeine is a narcotic and may cause drowsiness. Be sure to take it only as directed.
DIRECTIONS FOR USE:
If this medicine makes your stomach upset, take It with food. Pain medication should be taken only if
needed at the times prescribed. If you are not having pain, do not take the medicine, unless you are
advised to do so by your doctor.
WHAT TO WATCH FOR:
POSSIBLE SIDE EFFECTS: Dizziness, drowsiness --> (Take a smaller dose: break the pill in half or
take it less often). Constipation --> (Drink lots of liquids, use small doses of a mild laxative like Milk of
Magnesia, as needed). Nausea, vomiting --> (Take the medicine with food). Difficulty passing urine
--> (Stop the medicine and contact your doctor).,
ALLERGIC REACTION: Rash, itching, swelling, trouble breathing or swallowing --> (Contact your
doctor or return to this facility promptly),
********** IMPORTANT **********
MEDICAL CONDITIONS: Before starting this medicine, be sure your doctor knows if you have any of
the following conditions:
-- Prostate enlargement
-- Pregnancy or breast feeding
DRUG INTERACTIONS: This drug may cause increased side effects when taken with alcohol, muscle
relaxant, sedative, tricyclic antidepressant, MAO-inhibitor or another pain medicine.
WAR- NiNGS;
-- DO NOT DRIVE, ride a bicycle or operate dangerous equipment while using this medicine
until you know how it will affect you.
-- Prolonged use of codeine can be HABIT FORMING and may lead to ADDICTION.
-- This medicine can slow the breathing in infants under one year of age. Therefore, it must be
used with caution. Do not exceed the dosage recommended.
SPECIAL INSTRUCTIONS
Call to make an appointment to be seen within the next 2-3 days. When you call, explain that you
were referred from this facility. When you visit the doctor, bring these instructions and any
medicines that you are taking.
FOLLOW UP WITH YOUR PRIMARY CARE DOCTOR OR DR CLAVERIA IN 2-3 DAYS
RETURN FOR ANY PROBLEMS OR CONCERNS
TAKE MEDICATIONS AS DIRECTED
DO NOT DRIVE WHILE TAKING TYLENOL#3
REFERRALS: Richard Claveria MD [Ortho]
26921 Crown Valley Pkwy #201, Mission Viejo 948-348-2250
I HAVE RECEIVED AND UNDERSTAND THE INSTRUCTIONS ABOVE.
x
Patient or Representative x
The exam and treatment that you received today has been provided on an emergency basis only. If your problem worsens or new
symptoms appear, contact your doctor or return to this facility for further care.
11/22/2008 (00:21) EMERGENCY DEPARTMENT
Page 2 of 2
Western Medical Center Santa Ana
1001 North Tustin Ave
Santa Ana, Ca. 92705
(714) 953-3330
Tax I.D. # SS-0883862
Date: ~ Patient Name:
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Account # Descn
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Attending physician's Statement
Diagnosis:
Physician's Signature:
Receipt Number:
Comments:
For questions regarding this flat step/ease cnntad the unergency room admittin
Hospital Fee ~ ph $ dgportment of 7I4-953-3330.
/ ysidan Fee Tote]
Level 1 575
Le 2 5200
Leve13 530D
Level 4 5450
No. of 'CT-scars Cone 5375 (each CT scan cor~ipleted)
IYo. of Ultrasounds dane 512s
No, of MRI's done 5425
*.•1ll Catscans. Lntrasounds & hII2I's ssiIl be an additional charge.
575
Slop
5150
5200
5150
5300
Credit
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Total Flat Rate: (~
Nurse Signature: Admit Clerk Signature•
This flat rate is anly valid for 24 hours after discharge, IT APPT •iRS TO SERVICES PROVIDED IN THE
EMERGENCY ROOM and includes charges for Hospital and ER Doctor only. (Flat rate does not apply to
hospttalizationssuth as inpatient, outpatientand/or observaton) Other professional fees are not included and will
be billed to you separately, e.g. (Radiologist, pathologist, Specialists, Cardit5logist, etc)
" After Z4 hrs, total flat rates received, may be accepted for hospital portion only.
" FLAT RATES APPLY TO IIlYIlVSIIRED PATIENTS ONLY
"Estes oferta es valida por 24 horns, INCLIIYE g0_LAM?~NTE CARL; pS Dg~, ~~TO Y DEL DOCTOR DE
EMERGENCLA, excluye cargos de especlallstas u otros servicios profesionales, Como (Radiologo, Patologa,
Cardioldga, etc) Estes oferta no es valida si es hospitalizado o bajo observation.
" Despues de 24 horns, Ia oferta total pagada, podria ser aceptada solsmente pares la orcion
correspondieate al hospital
' PRECIOS DE DESCUENTO SE APLICARAN SOLAMIfNTE A PACIENTES QUE NO
TENGAN NIlVGUN TIPO 5E ASEGIIRANSA MEDICA. ~"
Patient (Representative) Signature
Date
*Return checks will result in voiding the cash flat rate offer and the returned check fee will be added
to your accounk
"Cheques devueltos por ausencia de fondos annlara la oferta del pago en efectfvo y la multa asignada
por el banco sera agregada a su cuenta.
MEDICATION I~EC NCI I ~ 4.;
Fecha ~> ~ ~_" ~ ~~
(Date): .. ~~ ~ LEsta" embarazada? c nre you preg~e~n) ^ Si . -
Alergias a medicariient S Dru AIler /es : ~ ^ NO
_ ( o tr i ,~'NKA f % Est _mamantando?rAre y«, t,reescteedlne?~ ^ Si-C~~No
C7 No estoy tomando medicamentos actualmente - r~ '~''-,~.
/vot currently tak/ng mad/catIons - comments. C mmentarios:
^ Incapaz de obtener h(storial medico - RazBn:
Unable to obtal medlcat/on hlsto -Reason.
. a ~ • , ~ • ,
• ~•
Apunte TODOS los medicamentos qua usted esta
Y~ ~~ deo etoltemativos`neg, vitaminas, yerbas, par
--• -~, .,~owunterantl eltemath
Nombre del "
medicamento Cantidad V(q LCada.
Medication Name Anwunt Route Cu~ndo?
1
2
3
4
5
6
7
9
/CQnsulte con use medico dentro de ttn d
Da~~TI(rr~; RN 5lgnatura~ • -•:: ,~; ;,~-;,
i Print Name; ~ ~ ~~
THIS BOX FOR HOSPITAL. STAFF USE.ONLY:..
t)ispositio o; .(Este ca
Patient's Medications u~~.- e,r ~ ~o
CJ Medtcahons brought to hospital gn/en to:
^ Medications brought to hospital & sentto Pharmacy
^ No medications broughtto hospital
~~ ~a...,~tr-~„ (CurrentMedlcatlons) inStrUCCloneS del doctor
ado; incluyendo medicines sin receta despues de alta
etc. Docta/s Instructions A/fer Discharge
emedie~"i.e. vitamins herbals etches, etc.
Raz~n por Ultima Dosis ~'~~ Appropriate Box
tomarla FechaiTiem o Continue Pare de Consuite
ReasontarT LastDose~De /iup Continue tamer MD (`~)
Stop Tamn~ Check with MD
~~.
~~-
e de ant
.~
ar con las, medicines ue se le recetat•on antenorme.-Ife.
Reviewed wlth Doctor
Print MD Name-
es solo. para. el use de(personel de/ hospital.) ,
Source of above Information Upon Admi~~r~~
u reliant D Ntnst H
A FamtTy; Member ^ Hosp tat R ~ ~ Medication Bottie(s)
El Patient's Pharmacy; D Qther.
t7 Prescribing Physician~
n.*~
Nombre dei - - ~ New' ~s when discharged:
medicamento Cantidad ~(A ~ ZCada Razdn por
Med~atbn Name Arrwunt Route Cuando?
tomaria
1 ~~ t r.>t~ r~ _1L 1_ . , _ _ _ trOW often9 .,_ _
Dosis
Translator signature:
ualG~ i it ~ _ ' ~ :-1,...
l , Signature: ~, ~:•.. ..
^' ( Reviewed yyith Doctor (Print Name
f ~ 1.~-'x ~.i ~~ Print Name: ~/ ~ ( '' ~ , /~ )
~• ~ =` D Faxed to Dr.
AI firmer hacia a ajo t pacien. o el representante del paciente r
Fecha/Hors: ~ I LZ ~~~~, haze qutr,ha r~
(~__, Firma del paciente/representante: •
NOTA: AI dense de Ita Ile a estaante cuai es el e
p tsseo:
NOTE: Upon dlsoharge, to ~~ ttlm~ ed~n l~me ntos a T
File this form on bottom of MD pr ress Notes.Sectlon tn. chart.. ~ ALL madloal
Western.Medlcet Center Santa Ana
Santa Ana, Callfornla
MEDICATION RECONCILIATION
Original -Patient Chatt Yellow -Patient at DC FAX to PHARMq~Y at Admis ion
Form No. 7710-0138PS (8/07/081 o.,.._ I ?1
-~r~~~ u~~~narge. U MD Unknown
,este .
sus visitas m~dicas.
~__~_
PATIENT LD. R
• ~ .
.. ,,;,.
._~ J " ~ t~~ t: 17
.t ti{ l
Alex Dariushnia, M.D., F.A.A.` .
' Board Certifed in Family Medicine
Cosmetic Skin Care & Procedures
(714) 538-4576 • Fax 288-0738
2617 E. Chapman Ave. Suite 108
Orange CA 92869
WESTERN MEDICAL CENTER
EMERGENCY DEPARTMENT
SANTA ANA ^ ANAHEIM
1001 N. TUSTIN AVENUE 1025 S. ANAHEIM BOULEVARD
SANTA ANA, CALIFORNIA 92705 ANAHEIM, CALIFORNIA 92808
714/953-3330 714/589-8220
RELEASE FaR ACTIVi7y PERMIT
L7~ ~~~ ~ I ~(3tr~.,J" ,
i ~~ZZ/o b
Pat mt Nsma
ate. '
^ Return to Work
^ No Work
^ No Physical Education No School
^ Further Medical Care Necessary T~
^ Discharged from Medlcai Care
~MayW/ork with These Limitations If E/~loy/er Policy Permits;
.,
Form No. 7010-0102 ~~..~