HomeMy WebLinkAboutCC 4 CLAIM #86-31 07-21-86AG
DATE~
3OLY 10, 1986
CONSENT CALENDAR
NO. 4
7-21-86
Inter-Corn
FROH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL~./
CITY ATTORNEY
CLAI~%NT: COYKENDALL, JOE B.; D/L: 4/7/86; DATE FILED
W/CITY: 6/23/86; CLAIM NO: 86-31; CARL WARREN FILE NO:
s48451~
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.se)
Enclosure:
Copy of Claim
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RASNER & RASNER
IMPERIAL ~ANK BUILDII~G
695 TOWN CENTER DRIVE
SUITE 301 ·
COSTA MESA. CA 92626
(714) 432-9020
Attorneys for Claimant
CLAIM FOR.DAMAGES
In the Matter of the Claim of
JOE B. COYKENDALL,
vs o
Claimant,
THE CITY OF TUSTIN, TUSTIN POLICE
DEPARTMENT AND OFFICER D. HARPER
JOE B. COYKENDALL hereby presents this claim to the City
of Tustin, Tustin Police Department, Officer D. HarDer pursuant
to Government Code $910.
1. The name and post office address of JOE B. COYKENDALL
is: JOE B. COYKENDALL
2. The post office address to which his attorney desires
notice of this claim to be sent is as follows:
BRUCE ELLIOTT RASNER
Attorney at Law
695 Town Center Drive, Suite 301
Costa Mesa, California 92626
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3. On April 7, 1986 at or about 18:45 m., in front of my
residence of 15631 Pacific Street, Tustin, California, I was
falsely arrested and shortly thereafter was taken to the Tustin
Police Department in the City of Tustin, California and received
personal injuries under the following circumstances:
Claimant was a passenger in one William Montgomery's
Chevrolet automobile, which was parked directly in front of the
forementioned residence. Claimant was smoking a cigarette and
was requested by a Tustin Police Department Officer, D. Harper,
to exit the vehicle. The claimant and vehicle were totally
searched by this Tustin Police Officer who teased the claimant
and William Montgomery about appearing to be under the'Snfluenc~'
of PCP. Officer Harper and his partner stated that claimant's
cigarette looked like "it had been dipped a couple of time".
Notwithstanding, because of the claimant's denial and overt
appearance of intoxication, he was handcuffed from behind and
taken to the Tustin Police Station within their locked ~arking
lot (the security gate was closed after the officers drove the
vehicle into the parking lot.) The handcuffs were placed
unreasonably tight and caused considerable pain, swelling, and
bleeding to the claimant's wrists, and the handcuffs were applJ~
in a negligent, careless and reckless manner. The claimant,
Joe B. Coykendall and William Montgomery were required to ~ait
handcuffed within the police unit for approximately 45 minutes
until Officer Harper and his partner required us to get out.
Officer Harper then asked for a middle name and the claimant
responded that he did not have one--just the initial "B" Then
Officer Harper used profanity and demanded to know what the
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initial stood for. The claimant again responded that there was
no name appearing 6n his birth certificate. At the time the
claimant was questioned, the claimant, Joe B. Coykendall, was
handcuffed within a secured fence and facing the pgtrol unit in
which he was transported from his Tustin residence. Officer
Harper'was also facing the vehicle somewhat in the.direction of
the claimant. Upon hearing the claimant's second denial of a
full middle name, Officer Harper, who was standing behind the
plaintiff, grabbed the claimant's arms and head and sla~ed the
face of the claimant against the roof of the car in a negligent,
careless, reckless, unlawful and malicious manner. Notwith-
standing, with a fractured nose and blood eminating from the
injured area, no medical attention was offered, except a very
cursory attempt at wiping the blood from the claimant's face was
made. Immediately thereafter, the claimant was transported and
booked into Orange County Jail, Santa Aha, California. The
claiman~ disclaimed any use of illegal or other type of drugs
and insisted that his cigarette was not manipulated by same.
The above-mentioned police officers acted unreasonably and
in ignoring the evidence and explanations from the claimant and
his companion, William Montgomery.
Furthermore, Office Harper and his companion did not have
reasonable cause to believe that the claimant, Joe B. Coykendall,
had committed a public offence in his presence. Said officers
were at all times hereinmentioned ~cting within the scope of
their employment and agency and with the knowledge and consent
of their employer, Tustin Police Department, and knew or should
have known that their actions constituted a hazard to the safety
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and well-being of the claimant well beyond the need for security;
and further that their failure to offer medical assistance or
correct the conditions (including the injuries sustained by the
handcuffs) after being informed and aware of the claimant's physi-
cal condition resulted in the claimant's additional suffering
and injuries and damages as a result thereof.
Said officers acted within the scope of their agency and
employment and with the knowledge and consent of their employer,
the Tus~in Police Department and knew or should have known that
such an arrest would result in great h~miliation and mental
suffering by the claimant for such false arrest.
Further, the aforementioned officers acted negligently,
carelessly, and unlawfully in'their failure to correct the
condition in not obtaining medical assistance for the claimant
and in their attempts to solicit information which had already
been provided by the claimant proximately causing additional
injuries and damages as a result thereof.
4. Insofar as it is known to the claiman% a general
description of the injuries and losses incurred as a direct and
proximate result of the negligence of the public entity is as
follows:
Damage, fracture and general injury to the claimant's
nose as a result of forcing the claimant's head into the roof
of the patrol unit, and damage to the claimant's forearms and
wrists as a result of the above-mentioned handcuffing causing
severe pain and complications and other physical and mental
injuries all causing extreme mental and physical pain and
suffering.
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As a further, direct and proximate cause of the aforemen-
tioned acts of the officers and the public entity, the claimant
has incurred criminal defense costs an amount which is yet to
be determined.
Great mental strain, nervousness and himiliation as a result
of the aforementioned false arrest by the aforementioned officers
5. The amount claimed as of the date of presentation of
this claim is $150,000.00 which includes as a basis of computa-
tion, medical and incidental expenses, cost of criminal represen-
tation, loss of earning capacity and general damages.
6. I, BRUCE ELLIOTT RASNER, the undersigned, am the person
presenting this claim on behalf of the claimant above named.
Dated: June 20, 1986
RASNER & RASNER
BRUCE ELLIOTT ~SNER
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