HomeMy WebLinkAboutCC 8 CLAIM #89-51 02-05-90A
NDA-�p
DATE:
TO:
FROM:
SUBJECT:
1/3/90
HONORABLE MAYOR AND CITY COUNCIL
CITY ATTORNEY
;.RSENT CALENDAR N0. 8
.2-5-90
Inter - Com
CLAIMANT: RICHARD & TRUDY PAGE; D/L: 12/3/89; DATE FILED
W/CITY: 12/26/89; CLAIM NO: 89-51; CARL WARREN FILE NO:
S60110CLB
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.
JGR(F4)
Enclosure: Copy of Claim
PETER A. SEIDENBERG
JERRY L. STEERING*
•ALSO MEMBER GEORGIA EAR
STEERING & SEIDENBERG
A PARTNERSHIP INCLUDING PROFESSIONAL LAW CORPORATIONS
4440 VON KARMAN AVENUE
SUITE 390
NEWPORT BEACH, CALIFORNIA 92660
December 20, 1989
City Clerk
City of Tustin
300 Centenial Way
Tustin, California 92680
AREA CODE 714
TELEPHONE 476-3299
TELECOPIER 724-9965
Via Certified Mail
Return Receipt Requested
Re: Claim of Richard Daniel Page and
Trudy Bishop Page v. City of Tustin,
California for damages arising out of
December 3, 1989 incident with Officers
Of the Tustin, California Police Department:
Dear City Clerk:
On behalf of my clients, Richard Daniel Page and his
wife Trudy Bishop Page of
I hereby make a claim against the City of
Tustin pursuant to the California Tort Claims Act,
Cal.Government Code §900 et seq., for injuries sustained by
Richard Page and Trudy Page during an incident of December 3,
1989 wherein Richard Page was severely beaten and brutalized by
Officers of the Tustin, California Police Department. The
amount of this claim will be for $2,000,000.00 for Richard Page
and $2,000,000.00 for Trudy Page. I believe that under the
facts and circumstances of this case that these claims are quite
reasonable. Please allow me to elaborate.
During the afternoon/early evening of December 3, 1989,
claimant Trudy Page called the Tustin, California Police
Department because her and her husband, Richard Page, were
having a heated argument and Trudy Page desired Richard Page to
stop arguing with her, which he would not. When three (3)
Officers of the Tustin Police Department arrived, said three (3)
Officers went into a room alone at the Page residence with
Richard Page and instructed Trudy Page to stand outside the
room.
City of Tustin
December 20, 1989
Page Two
Upon Trudy Page stepping outside the room, the three
(3) Officers from the Tustin Police Department proceeded to
handcuff and brutally beat and pummel Richard Page so severely
that not only did Mr. Page have substantial head injuries, cuts,
abrasions, contusions, internal injuries, and other associated
problems, but Mr. Page also ended up with two (2) broken ribs.
Trudy Page, who was in the next room, witnessed her
husband being beaten and pummeled, and begged the Tustin Police
Officers to stop beating her husband; a request with which they
did not comply.
Paramedics were called for both Trudy Page and Richard
Page, and Richard Page was subsequently taken to the hospital
where he was diagnosed as being severely beaten and injured, as
well as having two broken ribs.
Trudy Page, a heart patient who had recently had open
heart surgery, has also had a substantial reoccurrence of her
prior heart condition as her witnessing her husband being beaten
severely traumatized and physically damaged her.
Based on the above and foregoing, Richard Page and
Trudy Page now bring their respective claims; Richard Page for
claims of battery, negligence, and intentional infliction
emotional distress, and Trudy Page for intentional infliction
of emotional distress, negligent infliction of emotional
distress and loss of consortium. In addition, Richard Page has
suffered substantial wage loss.
In addition to the above and foregoing, these acts by
the Officers of the Tustin Police Department also constitute
violation of Richard Page's federal civil rights including the
right to be free from an unreasonable seizure under the Fourth
and Fourteenth Amendments of the United States Constitution and
the right to be free from a malicious prosecution under the due
process clauses of the Fifth and Fourteenth Amendments of the
United States Constitution.
Please forward all further communications in this
matter directly to me and do not under any circumstances contact
my clients directly.
City of Tustin
December 20, 1989
Page Three
Your prompt attention to this matter will be greatly
appreciated.
Very truly yours,
STEERING & SEIDENBERG
JeVy //L.//Steer ing
JLS:bmh