Loading...
HomeMy WebLinkAbout12 CLAIM #95-24 10-16-95 LAW OFFICES Of ROUR]IE, WOODRUFF & SPI~__DLIN A PF~OF~'551ONAL COF~PO~:~ATIO4~ MEMORANDUM NO. 12 10-16-95 TO: Honorable Mayor and Members of the City Council City of Tustin FROM: City Attorney DATE: RE: October 10, 1995 Claim of Dean Bouldin; Claim Number 95-24 RECOMMENDATION' After investigation and review, it is recommended that the City Council reject the claim and direct the City Clerk to give proper notice of the rejection to'the claimant and to the claimant's attorney. DISCUSSION: This is a claim in the amount of $2,000 alleging wrongful arrest. Having reviewed the police reports on this incident, it is our opinion that the police had probable cause to arrest the defendant. The case was eventually filed by the District Attorney. Enclosure cc: William A. Huston, City Manager LOIS E. JEFFi~Y///'- ] City of Tustin C~IM AGAINST THE CITY OF (For Damages to Persons or Personal Property) The law provides generally that a claim must be filed with the City Clerk o the City of'Tustin within 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 92680 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: 1. a. NAME OF CLAIMANT: ~~~ b. ADDRESS OF CLAIMANT: c. CITY/ZIP CODE: ~~ d. TELEPHONE NO: ( - e. DATE OF BIRTH: f. SOCIAL SECURITY NO: g. DRIVERS LICENSE NO: 2. Name, telephone and post office address to which claimant desires notice~ to be sent (if other than above): 3. This claim is submitted against: a. ,/ The City of Tustin only. b. The following employee(s) of the City of Tustin only: Ce The City of Tustin and the following employee(s) of the City of Tustin only: 4. Occurrence or event from which the claim arises: a. DATE: _A~ ~.-~, b. TIME: ~ CD'. o~ c. PLACE (Exact and specific location): d. HOW and under what 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): e. WHAT partic', .r ;tion by the city, o alleged damage ~ ~injury? employees, caused the 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".. 6. Give the name(s) of the City employee(s) causing the damage or injury: 7. Name and address of any other person injured: 8. Name and address of the owner or any damaged property: 9. Damages claimed: a. Amount claimed as of the date: ~~xO0~xP b. Estimated amount of future costs: ~ c. Total amount claimed: . ~~DO 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. 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 the 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 certify under penalty or perjury that the foregoing is TRUE AND CORRECT. Executed this day of _~~ ,19~ , at Tustin, California. DATE FILED: CLAIF~XNT ' S SIGNATURE BI: CLFORM Revised 4/29/91 July 12, 1995 City Clerk City of Tustin 300 Centennial Way Tustin, CA 92680 The attached Claim Against The City of Tustin is for legal expenses incurred unnecessarily due to the mishandling of a case by Tustin police officers. The form had insufficient space to describe my circumstances in detail, so the paragraphs below have been used in place of paragraphs 4d and 4e: On July 15, 1994 I was on a routine 10 minute morning walk that relieved me from my computer work at my office. ! was stopped by a Tustin police officer and questioned about an indecent exposure crime that had occurred about 20 minutes earlier. The officer told me that I matched the description given by the victim and that they were going to drive her by to see if she could identify me. I explained to the officer that I had just come from my office and was not the person they were looking for. After the victim was driven past me two times, the officers let me continue my walk, and ! returned to my office. Thirty minutes later the.officers came to my office and told me that the victim identified me. That made me a suspect and my rights were read to me. I fully cooperated, answered all questions, and told them that I had been in a meeting with my boss when this crime apparently happened. The officers took my shoes to see if they matched prints at the scene. Returning later that day the told me the shoes matched "exactly" and asked me if I wanted to confess. 'They told me 'M~e know it was you." I reconfirmed that I had not been at or near the location and had been in my office at the time. The officers then told me they would pass the case on to an investigator. I asked if I should retain an attorney and they told me that if the District Attorney decided to file the case then I should retain one. I did retain Maden Stapleton, Jr. for my defense as the case was filed by the District Attorney. After 8-1/2 months of preliminary hearings, pre-trial hearings and a day in court, the case against me was dropped. I feel that because the victim was a woman and the nature of the crime, that it was discriminatory for the officers to "believe" the victim's allegations and yet never verify my explanation, tt was obvious by the interrogation and the police report thatthey were so sure I had committed this crime that they did not feel it necesssw to follow up 'what I had told them. First, if the victim identified me when ddven past me, the officer had the perfect opportunity while i was standing there to call my office and verify what I told them. Second, the shoes did not match the prints "exactly". The patterns are the most commonly used in the shoe industry and in comparing my shoes with the print, none of the details on my shoes appear in the print. Finally, neither the officers nor the investigators made any a~empt to contact my boss to verify my alibi, even while standing in my office. In conclusion, i am not interested in compensation for anything other than my attorney's fees of . $2,000.00. Had the officers extended the same courtesy to me as they did to the victim, they would have immediately known they had the wrong person and ali of this time, money and mental anguish wou!d have been saved. To be falsely accused of a crime is a tbrrifying experience and yet the most unfortunate part of this whole ordeal is that the person who did commit this crime is probably still a threat to the residents of Tustin. I trust my claim will be reviewed and I look forward to hearing from you. Sincerely, Dean O. Bouldin