HomeMy WebLinkAboutCC 3 CLAIM #89-44 04-02-90DATE: March 22, 1990
CONSENT CALENDAR NO. 3
4-2-90
Inter - Com
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SU EJECT: CLAIMANT: William Lewand; D/L: 4/23/89; DATE FILED
W/CITY: November 1989; CLAIM NO: 89-44; CARL WARREN FILE
NO: S 60002 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.
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JE ROURKE
City Attorney
JGR(F4)
Enclosure: Copy of Claim
(For Damages to Persons or Personal Property)
Received by
U.S. Mail
--Inter-office Mail
ier the Counter
�) via
The law provides generally that = claim must be filed with the City Clerk of
the City of Tustin within C Me%' 7_16 after which the incident or event occurrE
Be sure your claim is against the City of Tustin, not another public entity.
Where space is insufficient, please use additional paper and identify inform
tion by paragraph number. Completed claims must be mailed or delivered to t
City Clerk, The City of Tustin, 300 Centennial Way, Tustin, California 9268C
TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California:
The undersigned respectfully submits the following claim and information rel
tive to damage to persons and/or personal property:
1. NP21E
a.
b.
0
OF CLAIr1ANT • WTT.T.TAM gP.AN T.PWANIT)
ADDRESS OF CLAIMANT:
PHONE NO: ( )
SOCIAL
SECURITY NO:
.,
C. DATE OF BIRTH:
DRIVERS
e. LICENSE NO:
2. Name, telephone and post office address to which claimant desires notice
to be -sent, if other than above:
c/o Glen Woodmansee, Box 4440, Irvine CA 92716 (attorney) �_-
This claim is submitted against:
a. The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
C. xxx The City of Tustin and the following employee(s) of the
City of Tustin only:
4 Tustin police officers, names unknown to claimant,
who are referred to below.
4. Occurrence or event from which the claim arises:
a. DATE: April 23, 1989 b. TIME•approx. 1:00A.M.c. PLACE (Exact
and specific location) : Redhill near r i c _ell
d. How and under what circumstances did damage or injury occur? Specie
the particular occurrence, event, act or omission you claim caused
the injury or damage (Use additional paper if necessary).
C'1 a i ma . r ' 18 year old female
left the home of friends on Redhill, entered claimant's ve .icie,
drove about 50 feet when they were stopped by police cars.
e. What particular action by the City, or its employees, caused the
alleged damage or injury?
4 or more officers from 4 or more police cars held shotguns vointec.
0
ac ,ha ds ehinct -their backs. When asKed w e were s
roughiy, anU cialmant, and rien were in
tne ace by -one of -the officers.
r_5.. Give a description of the injury, property damage or loss so far
known at the time `-Ois claim. If there v ,no injuries, stat
injuries".
Injury to eyes from being maced without any Justification whatsoever.
ASSAULT AND BATTERY.
6. Give the name(s) of the City employee(s) causing the damage or injury:
Unknown.
7. Name and address of any other person injured: The other person- who was
MAC ED TN TNF P A r7f re+- 1rn1=- to hi g hnmP in 2_%t1,tra 1 i a fti-r S1ffPr i ncT �iiCt
J
8. Name and address of the owner of any damaged property: treatment.
9. Damages claimed:
a. Amount claimed as of this date: $9,000.00
b. Estimated amount of future costs:
c. Total amount claimed-: $9.000.00
d. 'Basis for computation of amounts claimed (include copies of all bills
invoices, estimates, etc.: General damages, pain suffered
from mace; trauma of shotgun thre
10. Names and addresses of all witnesses, hospitals, doctors, etc.:
a.
b.
C.
d. -
J' Any additional information that might be helpful in considering this clair
See police report. One of -the persons was arrested when he
r-rimnl a i nPcl of rough treatment of 18 year old female while she
was face down on street being frisked and rolled side to side
by officer and then handcuffed. The otFier 3 were not arrested.
WARNING: IT IS A CRItII1,1AL OFFENSE TO FILE A FALSE CLAIti! ( 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 trL
I certify under penalty of perjury that the foregoing is TRUE AND CORRECT.
Executed this 18 day of October 19 89
at Tustin, California.
Office of the City Clerk,
Tustin, California
IN NO:
Revised 8/05/81
JGR:se:R:8/5/81 (A)
WILLIAM SEAN LEWAND
BY:
XX)MIA .M%3C SIGNATURE of
ATTORNEY OF CLAIN'ANT,
PATE FILED:
GLEN D. WOODt'IANSEE