HomeMy WebLinkAbout20 CLAIM BEAZLEY 12-07-98 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMAR'I'
ADA
MEMORANDUM
NO. 20
12-7-98
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
December 3, 1998
Claim of Dwight Beazley and Jenelle Beazley; Claim No. 98-33
RECOMMENDATION:
After investigation and review by this office and the City's claims administrators, it
is recommended that the City Council deny the claim and direct the City Clerk to provide
notice to the claimant and the claimant's attorneys.
DISCUSSION:
This is the fourth claim filed by Mr. Beazley within the last three (3) years. The three
(3) prior claims were turned into litigation matters that are all currently pending in the
federal district court. Without specifying the details, Mr. Beazley alleges to $250,000 in
damages for each claimant due to a failure to train and supervise police officers, unlawful
detention, unlawful arrest, denial of constitutional rights to be free from unreasonable
seizures,.denial of parent-child relationship, "denial of right to be silent" and "denial of
contact with attorney". Preliminary investigation of this matter indicates no liability on the
part of the City. Accordingly, we recommend denial ~)f this claim.
Enclosure
cc: William A. Huston, City Manager
1102-9833
72183_1
Office of the City Clerk
September 21, 1998
Carl Warren 8, Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re: Transmittal of Document(s)
Claimant:
Claim No.:
Filed With City:
Dwight 8, .leneile Beazley
98-33
9-21-98
City of TUstin
300 Centennial Way
Tustin, CA 92680
,.. (714) 573-3026
/.~F/A)X,.(714) 832-0825
,' ~/ ,,~
Receipt of Claim/Summons and Complaint by the City Clerk's Office on:
Date: 9-21-98
Time: 10:05 a.m.
By:
Personal Service upon the undersigned
Regular Mail
Certified/Registered Mail
Interdepartment Delivery
The enclosed Claim (or Application to File Late Claim) was presented to this office
as indicated above and has been referred to the appropriate City department for its
investigation and also to the offices of Woodruff, Spradlin and Smart, Attn: Lois E.
3effrey, City Attorney. By this letter, you are authorized to commence the
necessary investigation of this claim on behalf of the City.
We request that you give such notices as may be appropriate to the City's
insurance carrier(s) and further request that you submit your preliminary and all
subsequent reports to the City, with a copy to the City Attorney and to the
insurance carrier(s) if they so request. Upon receipt of advice from the City
Attorney, we will plan to present this matter to the City Council and/or take such
other steps as are directed by the City Attorney.
Other:
A copy of this letter and enclosures were sent on 9-21-98 to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
Sincerely,
pqp j city
CITY OF TUSTIN
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk of the City of. Tustin within
.six (6) months after the incident or event occurred. Be sure your claim is against the City of Tustin,
not another public entity. Where space is insufficient, please use additional paper and identify.
'information by paragraph number. Completed claims must be mailed or delivered to the City Clerk,
City of Tustin, 300 Centennial Way, Tustin, California 92780.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
To the Honorable Mayor and City Council, City of Tustin, California:
The undersigned respectfully submits the following claim and information relative to damage to
person and/or property:
. a.
.
.
Name of Claimant:
Address of Claimant:
City~ip Code: ~ '
Telephone Number:
Date of Birth-
Social Security Numb&r:
Driver License Number:
Name, telephone, and post of(~ce address to which claimant d,esiresnotices to be/sent (if other
This claim is submi~ed against:
a. The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
.
The City of Tustin and the following employee(s) of the ,City of Tustin only:
Cs~ ¢o'ff ~--Po !,' c ~ ' - -~ '
Occurrence or event from which the claim arises:
a. Date- /~~O~ ~3, i~g
b. Time: 7~'~O-/~/~ -~ ~;
c. Place (Exact add Specific Location):
d.
How and under what circumstah~es did damage or i~ju~y occur? Spe~;ify the particular
occurrence, event, act or omission you claim caused the injury or damage (use additional
paper if n~ces, s~a
.
e. What particular action by the City, or its employees, caused the alleged damage or injury?
F_.._,'[,,., e
Give a description of the injury, property damage or loss so far known at t~e time ot mis c~aim.
If there were no injuries, state "no injuries".
I
.
name(s) o$ the City.employee(s) causing the damag~e or inju~ry: r-
.
Name and address of any other person injured'
o
Name and address ofthe owner of any damaged property'
.
Damages Claimed'
a.
b.
C.
d.
Amount claimed as ofth,s date: r~}¢ ~5 ~z~O, (~0'(~, ~'V 1-6r ~O~k C ~,~r~ ~
Estimated amount of future costs: ~Qr~~~ ~ C~~ . ~
Total amount claimed: ~e ~~~,r~ ~ ~r;~ ;~ ~'~, ~r~¢r~,-~ ~r~
Attach basis for computation of amounts claimed (include copies of all bills, invoices,
estimates, etc.)
10.
WARNING'
Names and addresses of all witnesses, hospitals, doctors, etc.
,J' er t L, c__-h v_ re.A
IT iS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I know the same to be true of
my own knowledge, except as to those matters stated tcr be upon information or belief and as to
such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is true
and correct. ,._~,, ~~.~-~~
Claimant's Signature: .~ ~
Executed this /~ ~ day of ~--~..-4~~O~el~ .19 ?oM.
Date Filed'
2:CLAIM {7/96)