HomeMy WebLinkAboutCC 4 CLAIM #85-11 04-01-85CONSENT CALENDAR
NO. 4
4-1-85
OATE:
· 03/19/85
Inter-Corn
FROM:
$ LI~J ECT:
HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: SWAVELY, ALVIN; D/L: 11/10/84; DATE FILED
W/CITY: 2/22/85; CLAIM NO: 85-11; CARL WARREN FILE NO:
S41188SK
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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LAW OFFICES OF THOMAS P. DOVIDIO
Greenleaf Square, Suite 370
7200 S. Greenleaf Avenue
Whittier, CA 90602
(213) 696-1195
Attorney for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
In the Matter of the Claim of )
)
ALVIN SWAVELY against the City )
of TUSTIN )
.)
CLAIM FOR DAMAGES AGAINST
PUBLIC ENTITY FOR:
1. INTENTIONAL AND NEGLIGENT
INFLICTION OF MENTAL AND
EMOTIONAL DISTRESS;
2. LIABLE AND SLANDER;
3. INTERFERENCE WITH CONTP~CT-
UAL RELATIONS;
4. NEGLIGENCE.
YOU ARE HEREBY NOTIFIED that ALVIN SWAVELY claims damage~
from the City of Tustin in the amount of $10,000,000.00 and said
person claims:
1. Claimant's address is
2. Notices concerning this claim should be sent to
THOMAS P. DOVIDIO, Esq., Attorney at Law, Greenleaf Square, Suite
370, 7200 S. Greenleaf Avenue, Whittier, California 90602.
3, The date of the occurrence giving rise to this
claim is November 10, 1984, and following, and the place of the
occurrence is 365 West First Street,
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City of Tustin, County of Orange, State of California; and at the
California Institution for Women, located in Frontera, California,
for events occurring subsequent to November. 10, 1984.
4. On or about November 10, 1984, at approximately
9:00 p.m., the claimant was involved in an incident with members
of the Tustin Police Department and citizens at large, at SHAKEY'S
Pizza Parlor, located as aforesaid. As a result of said incident,
claimant was then, and thereafter has been, accused of engaging in
certain conduct, which said members of the Tustin Police Departmeni
found offensive, and which said members of the Tustin Police De-
partment volitionally communicated to claimant's employers, which
resulted in claimant's discharge from his employment. Said commun-
ications with claimant's employers, by members of the Tustin Police
Department, had not been requested, nor was same either legally or
legitimately required to be disseminated to c~aimant's employers.
The claimant is informed and believes that the informa-
tion communicated to claimant's employers was false and fraudulent,
and designed both negligently in part and intentionally in part to
cause claimant to be discharged from claimant's employment or
otherwise cause adverse action to be taken against claimant by his
employers. Claimant is additionally informed and believes that
the action taken by members of the Tustin Police Department on
November 10, 1984, at the aforesaid location, were inappropriate,
not routine law enforcement procedure in such circumstances, ex-
cessive, designed to intimidate and harass, and were the product
of a continuing dispute as regards a jurisdictional responsibili-
ties of California correctional officers as opposed to California
police officers, of which dispute claimant unwittingly became an
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unfortunate victim.
5. The above stated set of facts give rise to the
claims for tortuous conduct as set forth in the caption hereof,
and this claim is based on such torts, together with an additional
baals due to the subsequent false reporting of the incident in
question by members of the Tustin Police Department resulting in
claimant's loss of emploMment and employment benefits, and claim-
ant's mental distress and additional general and special damages
as claimant has been forced to suffer since said incident.
6. Claimant's injuries and damages cannot be fully
ascertained and evaluated at this time, but are estimated to be
$10,000,000.00.
7. The 100 Day Claim reporting requirements, as set
forth in the California Government Code, are hereby satisfied by
the presentation of this claim on or before February 19, 1985.
DATED: February 15, 1985
LAW OFFICES OF THOM_AS P. DOVIDIO
~: /"/./7 / /
By: L~-~ -,~ ~ ' ~..~~
A~torney for ~nc
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