HomeMy WebLinkAboutCC 4 CLAIM #85-47 03-03-86 __ mm '~ -,-,-- CONSENT CALENDAR
NO. 4
DATE: 02/13/86
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: SOLOM MCNULTY; D/L: 08/29/86; DATE FILED
W/CITY: 10/24/85; CLAIM NO: 85-47; CARL WARREN FILE
NO: S43 956 SKH
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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CLAIM FOR DAMAGES
Government Code Section 910
TO: CITY OF TUSTIN, 300 Centennial Way, Tustin, California
TO: CITY OF TUSTIN POLICE DEPARTMENT, 300 Centennial Way,
Tustin, California.
Claimant submits the following claim for damages:
(a) Name and post office address of claimant: SOLOM
MC NULTY,
(b) Post Office address to which person presenting this
claim desires notices to be sent: CHARLES R. WELDON, Attorney
at Law, 12749 Norwalk Boulevard, Suite 104, Norwalk, California
90650.
(c)
rence:
Date, place and other circumstances of the occur-
On August 29, 1985, claimant was lawfully exiting
the alleyway between 15962 and 16002 Myrtle Avenue, Tustin,
California. That at said time and place, claimant was accosted,
manhandled, assaulted and shot by the servant, agent and employee
of the City of Tustin and the City of Tustin Police Department.
(d) General description of the injury: Plaintiff is
informed and believes and thereon alleges that the aforementioned
agent, servant and employee of the City of Tustin and City
of Tustin Police Department was acting under color of authority
as a police officer. That as a result of the negligence,
carelessness and recklessness on the part of the City of Tustin
and the City of Tustin Police Department in failing to supervise,
control, test, perform psychological studies, evaluate and
perform background studies on their employee, hereinabove
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mentioned, claimant was caused severe personal injuries, including
but not limited to a gunshot wound to his left side of his
face.
(e) Name or address of the public employee or emploYees
causing the injury: Office Alex Kiilehau, Tustin Police Department
300 Centennial Way, Tustin, California. There may be other
public employees involved in the subject incident whose identities
are unknown to claimant. Claimant asks leave to amend this
claim when said information becomes available.
(f) Amount claimed as of the date of presentation of this
claim: Special damages in amounts not yet ascertainable for
physicians, hospital, and other medical attention. In addi-
tional, claimant has suffered the amount of $2,000,000.00
general damage for pain, suffering, anxiety and other mental
and emotional distress.
DATED: October 21, 1985
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