HomeMy WebLinkAboutCC 4 CLAIM #84-28 03-04-85r DATE: 02/14/85 Inter-Corn
TO:
FROM:
S UBJ E~CT:
~RABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: ZAMBRANO, ARTHUR; D/L: 9/15/84; DATE FILED
W/CITY: 12/20/84; CLAIM NO: 84-28; CARL WARREN FILE NO:
S40551GH
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
CLAIM AGAINST THE CIi~' OF TUSTIN
('?or Damages to Persons or Personal Property)
u. s. Mail
Over the Counter ~ //.,~ ~ ~ .~ .
The law provldes generally that a claim must be filed with the City Clerk or
the City of Tustin within 100 days after which 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 informa-
tion by paragraph number. Completed claims must be mailed or delivered to the
City Clerk, The City of Tustin, 300 Centennial Way, Tustin, California 92680
TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California:
The undersigned respectfully submits the following claim and information rela-
tive to damage to persons and/or personal property:
NAME OF CLAIMANT: LINDA MARIE ?2~MB~RNO & kRT~L~
a. ADDRESS OF CLAIMANT:
b. PHONE NO: ( c. DATE OF BIRTH:
SOCIAL
e. LICENSE NO:
2. Name, telephone and post office address to which claimant desires notices
to be sent, if other than above:
3. This claim is submitted against:
ae
The City of Tustin only.
The following employee(s) of the City of Tustin only:
The City of Tustin and the following employee(s) of the
City of Tustin only:
Off.-David Kre~iinq Tustin Police Dept, Badce ~59a
U?on Information & Belief Off,John Sode~,an Res~v~ o~_
Ba~ ~659 and Sqt, SchQenkosf (Badq~ ~ Um~n=n=n~
Occurrence or event from which the claim arises:
a. DATE: 9/15/84 b. 'TIME: 2200 to 2330 c. PLACE (Exact
and speci-~'6~a~ion): 640 Wes~:-~stin CA. and Tustin
d. How and under what circumstances did damage or injury occur? Specify
the particular occurrence, event, act or omission you claim caused
the .injury or damage (Use additional paper if necessary).
Linoa marie Zambrano was ~rested for PC 647f and later char~ed w~th
~ui48. ~lle in aer cell at TPD O~. Kreyling attempted ~ search
met az=er met re,est ~or a ~emale officer for maid search. He beat
net severely ~o~d the breasts, rib cage, stomach, a~s and legs.
e. Wha , or its employees,
alleged damage or injury?
~nouct toward ml ={~-~- ~n~m~ color of ~uth~ ~%~
5. Give a description of the injury, property damage or loss so far as is
known at the time of this claim. If there were no injuries, state "no
injuries".
To Linda Marie Zambrano bruises and
6. Give the name(s) of the City.employee(s) causing the damage or injury:
Officer David Kreyling ~594, Off. $ode~man#659 & Sgt Schoenkopf upon
information and belief.
7. Name an~ ad~ress o= any other person injured:
8. Name and address of the owner of any damaged property:
9. Damages claimed: See Attachment B
a. Amount claimed as of this date: $11,851.09
b. Estimated amount of future costs: 11,000.00 plus
c. Total amount claimed: $1,0~1,851.09
d. Basis for computation of amounts claimed (include copies of all bills,
invoices, estimates, etc.: See Attachment B
10. Names and addresses of all witnesses, hospitals, doctors, etc.:
a. Claimants at above address
b. Arthur Di Zambrano, Jr. (same
92706
11. ~y additional info~ation that might be helpful in considering this claim:
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM~. (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 certify under penalty of perjury that the foregoing is TRUE AND CORRECT.
Executed this 19th day of December , 19 8a , at Tustin, California.
Office of the City Clerk,
Tustin, California
NO:
JOSE ~&" TAFOLL~, Attorney for Claimants
/
Revised 8/05/81
JGR:se:R:8/5/81 (A)
ATTAC~D4E~NT A
4d continued
It is believed two or more officers were involved, although claiman~
are not certain of their names. It is believed that Officer Soderman
and Sgt $choenkppf were present and may have participated. Mrs. Zambrano
was "hogtied" for transportation to the Orange County Jail. She, also,
was subjected to verbal abuse during the entire incident.
Arthur Duron Zambrano was arrested for PC240/242, although evidence
existed that he was ac~ing in self-defense and defense of his wife. Yet
he was not treated equally with respect to the alleged victim, Allen
Corzine, also a resident of Tustin at that time.
The City of Tustin and/or its employees caused news of abase
arrests to be published in the Tustin News on September 20,~984, which
subjected the claimants to embarrassment within the community.
4e continued
(5)Violation of Civil R~ghts based on race (6) Violation of Constitu-
tional Right~=
5 continued
difficulty breathing because of pain in rib cage, flashback~(mental)
Psychiatric/psychological stress, ongoing fear of remaining in Tustin
area, which led to move to Riverside area, Loss of consortium.
To Arthur Duron zambrano embarrassment within community, stress
on family, loss of consortium, fear to remain i~ Tustin area because
of family's safety.
~ ATTACPD4E~NT B
9. Damages claimed
Medical Bills and Costs
Loss of wages 43.2 Hrs x $10.92
Misc. costs (travel & meals,
Cost of Moving
Legal fees (Criminal Defense)
Total expenses to date
Est. $270.00
470.84
court time) Es~. 200.00
Es~. 1800.00
9110.25
$11851.09
Estimated future medical costs
" " Psychiatric Costs
" " Legal Costs
$1000.00
unkmowm
10,000.00
Pain & Suffering $1,000,000