HomeMy WebLinkAboutCC 5 CLAIM #91-46 11-04-91CONSENT CALENDAR NO. S
11-4-91
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Inter - Com �l.
ATE: OCTOBER 24, 1991 ti
TO: HONORABLE MAYOR AND CITY COUNCIL
FR0f1l: CITY ATTORNEY
SUBJECT: CLAIMANT: MARK LINTON; D/L: 04-18-91; DATE FILED W/CITY: 09-
27-91; CLAIM NO: 91-46; CARL WARREN FILE NO: S 66693 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.
J 7 R *OTJJ�R E
City Attorney
1GR: jab(CL-9146 Jab)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance -Director
City Manager
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RAYMOND J. IKOLA, State Bar No. 61590
SNELL & WILMER
1920 Main Street, Suite 1200
Irvine, California 92713-9601
(7 14) 253-2700
Attorneys for Claimant Mark Linton
STATE'OF CALIFORNIA
MARK LINTON,
COUNTY OF ORANGE
CLAIM FOR PERSONAL
INJURY AND DAMAGES
Claimant,
VS.
(Gov't Code § 905
et sect . 1
CITY OF TUSTIN; POLICE DEPARTMENT
OF CITY OF TUSTIN; P. PICKNEY' AND
K. MADDOX, POLICE OFFICERS OF THE
CITY OF TUSTIN,
Respondents.
TO THE CITY OF TUSTIN, THE POLICE DEPARTMENT
OF THE CITY OF TUSTIN, AND TO P. PICKNEY AND
K. MADDOX, POLICE OFFICERS OF THE CITY OF
TUSTIN (collectively "Respondents"):
YOU ARE HEREBY NOTIFIED THAT Mark Linton ("Claimant"),
whose mailing address is Mark Linton c/o SNELL & WILMER, Post
Office Box 19601, Irvine, California 92713-9601, Attn: Raymond
J. Ikola, claims damages from Respondents, in an amount to be
proved, but not less than the jurisdictional minimum of the
Superior Court of the State of California.
Linton.Cla
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1 This claim is based upon injuries and damages suffered by
2 Claimant on or about April 18, 1991 at or around the
3 intersection of "C" and Main Streets in the City of Tustin,
4 California, when police officers of the City of Tustin, P.
5 Pickney and K. Maddox (the "Officers"), physically assaulted and
G battered claimant and subjected him to verbal abuse.
7 Specifically, on that date, at approximately 10:30 p.m.,
8 the Officers stopped Claimant as he was returning to his home on
J a bicycle after attending a clay class at Rancho Santiago
10 College. The Officers had observed Claimant's failure to stop
11 his bicycle at a red light at the intersection of Pacific and
12 Main. Claimant laid his bicycle on the ground as the Officers
13 approached. The Officers explained that Claimant had failed to
14 stop at the red light. Claimant asked the Officers if they
15 could remove the flashlight being heldrin Claimant's eyes, at
16 which point the Officers asked that Claimant remove his hands
17 from his pockets and place his arms behind his back, which he
18 did. The Officers then charged that Claimant had something on
19 him and they should search him. One Officer then touched
20 Claimant's right arm. Claimant did not see the movement toward
21 his arm because of the flashlight in his eyes and flinched, as
22 he had not expected the touching. The Officers immediately
23 threw Claimant to the ground, one Officer on each arm, and
24 forced Claimant's face and chest into the ground as they held
25 his arms in a straight-arm position above him. The Officers
26 continued to push Claimant into the ground while yelling at him
27 to "lose the attitude" and that Claimant was "going to jail."
28 Claimant was held in this position while the Officers yelled at
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Linton.Cla
1 him for approximately 45 seconds. Claimant did not resist in
2 any fashion and kept repeating to the Officers that "I'm totally
3 limp" and "please don't hurt me." After approximately 45
4 seconds, the Officers released Claimant's arms, instructed him
5 to stand with his legs far apart, and searched his person. The
6 Officers then instructed Claimant to sit down and they conducted
7 a search of a bike -bag under the seat of Claimant's bicycle,
8 emptying the contents (spare tire, patch kit, and various tools)
9 onto the grass. At this point Claimant began to cry, and while
10 the Officers were writing a citation for the red light violation
11 and failure to have a headlamp on the bicycle, continued to make'
12 demeaning and intimidating remarks such as "don't cry - you're a
13 big boy," and "you better stop crying I don't want to call
14 an ambulance for you" and "don't cry, you should be happy you're
15 not going to jail." Claimant continuea"to cry and sob for over
16 an hour because of the emotional shock of this totally
17 unprovoked physical attack on his person, and the unjustified
18 search of his person and his property, by public servants who
10 Claimant had previously believed were protectors of life and
20 property, and not common thugs. Claimant also received a 3" by
21 5" bruise on his upper left arm where the Officers had held him
22 forcibly.
23 The unprovoked attack was supported by the policy and
24 procedures of the Tustin Police Department. Claimant stopped at
25 the Police Department to make a complaint before returning home
26 that evening. He was eventually told that upon review the
27 Police Department had concluded that the attack by the Officers
28 was justified because it was dark and Claimant was tall.
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Linton. Cta
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The conduct of the Officers was intolerable in a civilized
society. Accordingly, Claimant asserts claims based on, but not
limited to:
1. Violation of Constitutional Rights under the Fourth
and Fourteenth Amendments to the United States Constitution;
2. Violations of Constitutional Rights under Article I,
Sections 1 and 7 of the California Constitution;
3. Assault;
4. Battery;
5. False imprisonment;
6. Intentional infliction of emotional distress;
7. Negligent infliction of emotional distress;
8. Violations of 42 U.S.C. § 1983;
9. Violations of Civil Code Section 51.7; and
10. Violation of Penal Code Section 147.
All notices or other communications with regard.to this
claim should be sent to Mark Linton c/o SNELL & WILMER, Post
Office Box 19601, Irvine, California 92713-9601, Attn: Raymond
J. Ikola.
Dated: September 20, 1991.
linton.CIa
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SNELL & WILMER
By: " . 4-v�
Raymona S.Ikola
Attorneys lor Claimant
Mark Linton