HomeMy WebLinkAboutCC 4 CLAIM #93-31 08-02-93~6NSENT CALENDAR NO. 4
8-2-93
inter-Com
DATE:
JULY 19, 1993
TO' . HONORABLE MAYOR kND CITY COUNCIL
FROM- CITY ATTORNEY
SUBJECT: CLAIMANT: ALLEN MEADOWS; CLAIM NO: 93-31; D/L: 04-17-93; DATE
FILED W/CITY: 07-01-93; CARL WARREN FILE NO: S 74267 CLB
After investigation and review it is recommended that the
above-referenced claim be rejected and the City Clerk directed to
give proper notice of the rejection to the claimant and to the
claimant's attorney.
3~S G. ~0~, City Attorney
JOR:jab:~1693(CL-9331 .jab)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
City Manager
AGAINST T~ CITY OF TU$
(For Damag=s to Persons or Personal
The law provides generally that a claim must be filed with the City Clerk of
the City of Tustin withiD 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, 15222 Del Amo Avenue, Tustin,
california 92680
W~EN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
?O THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California:
?he undersigned respectfully submits the following claim and information
relative to damage to person and/or property:
a. NA/~E OF CLAIMANT: ALLEN RUSSELL MEADOWS
b. ADDRESS OF CLAIMANT: 340 E. SECOND .STREET,
c. CITY/ZIP CODE: . TUSTIN, CA 9268D
d. TET.FPHONE NO: C714 ) 573-9080
e. DATE OF BIRTH: 26 NOVEMBER 1969
f. SOCIAL SECUR/TY NO:~ 555-89-50 55
g. DRIVERS LICENSE NO: C6538018, CALIFORNIA
2. Name, telephone.and post office address to which claimant desires notices
to be sent' (if other than above):
CLARENCE K. LOWDER, Law Offices of Clarence K. Lowder
6252 ~]b4on Dr4ve. Huntincton Beach, CA 92647-2819 (714')894-6292
3. This claim is Submitted against:
a. The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
c. X
The City of Tustin and the following employee(s) of the City
of Tustin only:
W. Douclas Franks,
Police Serceant James Peerv,
Does 1 throuch 100 inclusive.
Occurrence or event from which the claim arises:
a. DATE: 17 ADri! 1993
b. TIFf: aDDroximate!v 11:40 A.M.
c. PLACE (Exact and specific location)- 17652 Arbolada Way, Tust~n, CA'
92680
d. HOW and under what circumstances did damage or inju_~y occur? Specify
the particular occurrence, event, act or omission you claim causeC
the injury or damage (Use additional paper if necessary)'
See Attachment "A"
'7~'HAT pa~icul;. '~ction by the City, or,../ .~ employees; caused the
alleged damage ..... injury? '
_On saj~ date.and tfm~. Defenda~t~ and_/~r th~r ~.Q~nt~ barred the
iaw~ui exercise of the Constitutional richts of Claimant by pre-
ventinq his peaceful progress on the public sidewalk, arrestinq him,
. handcuffinq him and placinq him in a police gar and transDortinc
him to the police station where he was booked.
5. Give a description of the injury, property damage or loss so far known at
· the time of this claim. If there were no injuries, state "no injuries".
See Attachment "A" '
6. Give the name(s) of the City employee(s) causing the damage or injury:
See 3.c. above.
7. Name and address of any other person injured: Duane G. Leach, 31964
Paseo Monte Vista, San Juan Capistrano, CA 92675.
S. Name and address of the owner or any damaged property: N/A
·
9. Damages claimed:
a. Amount claimed as of the date: $5,000,000.00 '(five million dollars)
b. Estimated amount of future costs: Unknown at this time
c. Total amount claimed: $5,000,000.00 (five million dollars)
d. Attach basis for computation of amounts claimed (include copies of
all bills, invoices, estimates, etc.
10. Names and addresses of all witnesses, hospitals, doctors, etc.
See Attachment "A"
WARNING: 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 )mow the
same to be t.--ue of my own )~owledge, except as to those matters stated to be
upon information or belief and as to such matters I believe the same to be
true. I certify under penalty or perjury that the foregoing is TRUE AND
CORRECT.
Executed this
day of CYe~,~
,_~ ~, at Tustin, California.
DATE FILED:
Ci~A-I ?B~, T ' S SIGNATURE
B 1 ' CLFORM
Revised -&/29/.c !
Attachment 'A"
4. do
On the above-mentioned date and time, Claimant was engaged in the lawfUl exercise of
his rights uncler the Constitution of the State of California and the Constitution of the
United States, including but not limited to speech, assembly and picketing. On said
occasion Claimant was walking peacefully on the public sidewalk in the neighborhood
adjacent to 17652 Arbolada Way, Tustin. His progress was halted and his free speech
activities were deprived by the Tustin police in front of 17652 Arbolada Way, Tustin.
Defendants, or their agents acted in such a way so as to deprive Claimant of. his
rights under the Constitution of the State of California and the Constitution of the United
States, including but not limited to assault, battery, false arrest, false imprisonment,
intentional infli~ion of emotional distress, negligence, negligent infliction of emotional
distress, and other injuries as yet unknown. The acts and/or omissions by the
Defendants has caused a chilling effect on the exercise of the Constitutional rights of
Claimant resu~ng in mental anguish and fear of further arrest while exercising his rights.
o
10.
Unlawful and willful deprivation of civil rights under the Constitution of the State of
California and the Constitution'of the United States, including but not limited to assault,
battery, false arrest, false imprisonment, intentional infliction of emotional distress,
negligence, negligent infliction of emotional distress, end other injuries as yet unknown.
Ann Egan
Cathy McGinty
Dea Herrick
William Villafona
Matt Isaacs
Sondra Villafona
Karen Meadows
Peter French
Patricia Earley
Jim Malloy
Jeff Conner
There are othe' witnesses whose names and address are unknown to Claimant at this