HomeMy WebLinkAbout12 CLAIM #00-29 09-18-00 NO. 12
AGENDA REi )RT ; ?,,.?.._i o .,8.oo
MEETING DATE: SEPTEMBER 18, 2000
TO:
FROM'
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY CouNCIL
CITY ATTORNEY
CLAIM OF MARK PRICE; CLAIM NO. 00-29
SUMMARY: "
The City Attorney is recommending that the City Council reject Claim No. 00-29, Mark
Price.
RECOMMENDATION'
After investigation and review by the City's Claims Administrators and by this office, it is
recommended that the City Council deny the claim and direct the City Clerk to send notice
thereof to the claimant and to the claimant's attorneys, if any.
FISCAL IMPACT:
There is no fiscal impact with this action.
BACKGROUND:
The claimant was arrested at Starbucks Coffee at Larwin Square following an alleged
assault on a third party. The claimant was handcuffed and transported to the Tustin
Police Department. En route to the Department, the claimant stated that his handcuffs
were too tight. At the Police Department, the claimant's right handcuff was loosened
because his jacket had been caught underneath the cuff. The claimant was then
transported to Orange County Jail. The claimant alleges that Tustin Police "penetrated
my bloodstream with a foreign object;" we believe that the foreign object referred to by
the claimant is the handcuff. The claimant alleges injury to his left wrist. After
investigation, it appears that Tustin Police Officers followed proper procedure in
arresting the claimant. When complaints were made to the officers about pain in his
wrist from handcuffs, the officers readjusted the handcuffs per his request. In our
opinion, this is a case of no liability for the City.
ATTACHMENTS:
Claim
SEP-13-2DO0
12:59 WOODRUFF SPR~DLiN SMGRT 71~ 855
", Gl'FY OF TUSTIN
'cLA ',,,.-AGAINST THE CITY OF', . TIN
(For Damages to Persons or Personal-Property)
The law provides generally that a claim must be filed with the City Clerk of the City of Tustin w__ithin six
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 Tdstin, 300
Centennial Way, Tustin, California 92780.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE _BLAC. K INN
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:
· Name of Claimant' /'~.~_ )~/~- ? ~ '/~'~' -
1 a. '- ,':-~-~ ' ' '
Address of Claimant ~'~ /? / '~ ~
b. CitY/ZipCode: ~ ~
C.
d. Telephone Number.~
e. ' Date of Birth:
f. Social Security ~
gC,4Ofiver License Number:
Name, telephone, and po~ office address to which claimant desires notices to be sent (if other than
2. above):~ ' " "
3. This claim is sub itted against:
a. _ The City of Tustin only.'
b. ~ The following employee(s) of the City of Tustin only:
.
c.
~'he Ci' of Tustin and'the, f~)llpwing employee(s~'~.~fthe City of Tustin. omy: ~
..
Occurrence or event from which the claim arises:
a. Date:
b. Time:
c. Place
d. How and under what circumstances did damage or injury occur? Spe~
Occurrence, event, act or omission you claim caused the injury or damage (use additional
SEP-13-2000 13:28 714 835 ??8? 98~ P.03
5EP-13-2~00 12:40 WOODRUFF
paper if necessary: _
e.
r injury7
,
.
.
Give a description ~f the injury, property damage or loss so far known at the time of this claim. If
· ' ' " ' ' 'eS"
therewere no ~njunes, state no mjun . ' ' - -
Give the name~s).of_th_e C~i ,ty/mpioyee(s) causing the damage or injury:
·
.
Name and address of any other person injured:
.
Name and address of the owner of anydamaged property:
o
.
10.
Damages Claimed:
a. Amount claimed ~s of this date: /,,
b. Estimated amount of ~ture ~sts:~ L~/~.o.~~ . __' _
c. Total amount claimed: /~.~
d. A~ach basis for computation o( amounts claim~(i~clude '~opies of all'bills: i~es,
estimates, etc.)
Names and addresses of.a, li witnesses, hospitals, doctors, etc. -.,/" .... .-,'7
WARNING:
IT IS A CRIMINAL OFFENSE TO FILE A FALS-E ~LAIM
(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 ' of ' ~ correct.
.claimant's Signature: ~
Executedthis_~irr~~~da, o' n ~ ~ / ,20 ¢2~~.
Date filed this ..day of
2_:CLAIM (1100)
SEP-13-2000 13:20 714 835 7787 9BX
TOTAL P.04
P.~