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Home My WebLink AboutCC 5 CLAIM #93-30 08-02-93AG E N CONStaNT ~CAI~E~{R '~0.; 5'-' ''&'' 8-2-93 Inter-Com ' ....~.,,' -~. DATE: JULY 19, 1993 TO' HONORABLE MAYOR AND CITY COUNCIL FROM- CITY ATTORNEY SUBJECT: CLAIMANT: DU~NE LEACH; CLAIM NO: 93-30; D/L: 04-17-93; DATE FILED W/CITY= 07-01-93; CARL WARREN FILE NO: S 7426? 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. /. ~,..~/?~ / JJ~IF_t~G.'~ROURKE, City Attorney JGR:jab:~ 1693(CL-9330.~b) Enclosure: Copy of Claim cc: Carl Warren & Co. Finance Director City Manager (For Damages~ to Persons or Person&l ~roper~y) 'he law provides generally that a claim must be filed with the City Clerk of he City of ~stin within 6 moDt. hs after the incident or event occurred. Be ute your claim is against the City of Tustin, not another public entity. here space is insufficient, please use additional paper and identify n formation .by paragraph number. Completed claims must be mailed or elivered to the City Clerk, City of Tustin, 15222 Del ~n~o Avenue, Tustin, alifornia 92680 ~N CO){PLETING THIS FORM, PLEASE TYPE OR USE BLACK INK 9 THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California: ne undersigned respectfully submits the following claim and information elative to damage to person and/or property: · a. NA/~E OF CI2%I~: DUANE GAYLORD LEACH b. ADDP~ESS OF CLAIM~uNT: c. CITY/ZIP CODE: f. SOCIAL SECURITY NO: 2. Name, telephone.and post office address to which claimant desires notices to be sent' (if other than above): .CLARENCE K. LOWDERr Law Offices of Clarence K. LOwder 6252 A. lbion Drive. Huntincton Beach, CA 92647-2819 (7]4)894-6292 This claim is Submitted against: a. The City of Tustin only. b. The following employee(s) of the City of ~stin only: c. X The City of ~stin 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 April 1993 b. TI~: Approximately 11:40 A.M. c. PLACE (Exact and specific location)' 17652 Arbolada Way~ 92680 Tustin~ CA d. HOW and under wha; circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary)' See Attachment "A" e-- WHAT pa~icul~ action by -r. he city, or ~ts ~=ployeesr cau_$_e~.. Thne _ alleged damage injury? , On said date a~-d time Defendants and/or ~nefr aqent~ harrp~, the 2e~-- .~ul exercise of the Constitutina] rfcht~ nfl Clalmant by preventinc ' his peaceful proaress on the public .~id~u,~_. arrestinq him. hand- cuffinq him ~nd Dlac~nc h~m in ~. police car and transporting him t~ the police station where he was booked. 5. Give a description of the injury, property damage or loss so f~r known at .the time of thi~ claim. If there were no injuries, sta~e "no injuries". See Attachment "A" 6. Give t_he name(s) of the City employee(s) causing the damage or injury: See 3.c. abQ¥~, . 7. Name and address' of any other person injured: Allen Russell Meadows. 340 E. Second Stre~, ~1. Tu~t~ _~ ~ CA 97~ . 8. 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 (~ive 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 know ~he same to be true of my own knowledge, 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 cer~ify under penalty or perjury that the foregoing is TRUE A~D CORRECT. Executed this ~t day of ~~- ,19 ~ , at Tustin, California. DATE Bi- CLFOR/~ Revised ~/29/9i Attachment *A' 4. do On the above-mentioned date and time, Claimant was engaged in the lawful exercise of his rights under 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 o~..a.sion 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 depdved 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 dghts 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, 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 resulting in mental anguish and fear of further arrest while exercising his dghts. , 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, and other injuries as yet unknown. Ann Egan Cathy McGinty Dea Herrick William Villafona Matt Isaacs Sondra Villafona Ka. ren Meadows Peter French Pa~ricia Earley Jim Malloy Jeff Conner Tr',ere are other witnesses whose names and address are unknown to Claimant at this