HomeMy WebLinkAboutCC 3 CLAIM #84-21 10-15-84 CONSENT CALENDAR
NO. 3
10-15-84
Inter-eom
TO:
FROM:
S UBJ ECT:
~E MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: THOMAS MOORE; D/L: 6/19/84; DATE FILED
W/CITY: 9/10/84; CLAIM NO: 84-21; CARL WARREN FILE NO:
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
cc: OCCRMA
CLAIM AGAINST THE CITY OF TUSTIN
(For ~amages to Person' - Personal Property)'
via
Received by %Y=~-~t-~%~--~ "-
U.S.. Mail ~
inter-office Mail
$£? i-'? !,9 4
O~iiCe- lu~n Ci~ Cl~rk
Over the Counter -- /
days after which the incident or event occurred·
the City-of Tustin within 100 the City of Tustin, not another public entity· .
Be sure your claim ~s against
Where space is insufficient, please use additional paper and identify informa-
tion by paragraph number. Completed claims must be mailed or delivered to the
of Tustin, 300 Centennial Way, Tustin, California 9268__0
TO THE HONORABLE MAYOR AND CITY COUNCIL, C~ty of Tustln, California.
The undersigned respectfully submits the following claim and information rela-
tive to damage to persons and/or personal property:
· a. ADDRESS OF CLAIMANT: ' c. DATE OF BIRTH:
b. PHONE NO: ( ? DRIVERS
SOCIAL LICENSE NO:
d. SECURITY NO: ~ e
2. Name, telephone and post office address to which claimant desires notices
to be sent, if other than above:
This claim is submitted against:
a. The City of Tustin only.
b. " The following employee(s) of the City of Tustin only:
Thee
c. ~ City of Tustin only:
Occurrence or event from which the claim arises:
c. PLACE (Exact
a. DATE: ,Tu~ IQ.I~R~ ~' .TIME: ]?.]~ ~ . . .... ~-~
and specific 10ca~ion)- Red ~raffic li h~ a~ ~a n I ua ~==-
d. How and under what circumstances did damage or injury occur? Specif-
the particular occurrence, event, act or omission you claim caused
the injury or damage (Use additional paper if necessary)-
e. What part:c ~'~ ~: - -
alleged damage or injury? ~ /
"5. Give a description o~ .:he injury, property damaq-'. loss so far as is
' known at the time of this claim. If there were no injuries, state "no
in4uries". Aggravated existing back injury,, bumped he~d on ~oof frame
of
ees,
illega arrest & tqw% i%l$~al_'.l~.C~r~_3.1~°~e~i~st%~e ~amage or injury:
6. Give the name(s; o~ ~ne ~l~y em~u~==~ , = . -
7. Name and address of any other person injured: ~/A
8. Name and address of the owner of any damaged property:
9. Damages claimed: $~02.00 ($52.00 ~w a $350.00
a. Amount claimed as of this date: ~r~ial payment for ~o~ney's fees
b. Estimated amount of future costs: ~mm,~
c. Total amount claimed: 'amour
d. Basis for computation of amounts claimed (lnclude cop~es o all bills,
invoices, estimates, etc.: see
10. Names and addresses o~ all witnesses, hospitals, doctors, etc.:
a. -~d ' ' ' ' '
c.
d.
~.1. ~Y additional info,dijon =hat 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 _~h day of ~p~m~ , 19_8~ , at Tustin, California.
.
~J CLAIMANT ' ~_~IGNAT URE
Office of the City Clerk,
Tustin, California
Revised 8/05/81
jGR:se:R:8/5/81 (A)
Rage i
Thomas ~' re
15652 Wi~liam~ St. ~llB
Tustin, California 92680
(714) 558-3281
September 8, 1984
The City of Tustin
Office of the City Clerk
Tustin, California
Claim No:
_. ~!.t left my residence at about 11:45 p.m. on June 18, 1984
to obtain food at Jack-In-The-Box Restaurant located at Laguna Rd.
and Newport Ave. While purchasing my food, the attendant alerted
me to the fact that my car radiator was steaming out from under
my hood. After purchasing my food, checked under the hood of my
car. I then noticed a puncture type hole in my radiator hose.
After accessing the situation, I made the decision that I could
drive my car home without damaging it. I then proceeded to drive
toward my home at a speed of between 20-25 mph; so as not to damage
my car. I proceeded slowly down Nev~port Ave. toward ~in St.
During this time, my car was visibly steaming and I was proceeding
cautiously between 20-25 mph. I noticed a car, approximately 3-4
car lengths behind me and a yellow Toyota in the left lane. I
continued to proceed slowly down Newport Ave. at the same rate of
speed and passed the yellow Toyota approximately a ~ block pass
the intersect of walnut with my turn signal indicating a left turn.
After approximately 3 car lengths, I moved in the passing lane
and proceeded into the lane which is adjacent to Andrews Place
located at Newport Ave. & I~in St.; at this time I was ~iving
between lO-15 mph. After turning left onto ~in St., I then pro-
ceeded down Main St. at a speed of between 20-25 mph with the
Page 2-
u~identified auto continueing approximately 5-6 car lengths behind
me, and my ~adiator continously visibly steaming. I approached
the 'Light, at ~ain St. & E1 Camino Real in the left lane and
Stopped at the light, which was red. At this time, I not.iced that
the unidentified auto which had been 5-6 car lengths behind me was
now in the right hand lane and the driver was looking at me. I
assumed he wanted to pass me, and I rolled down my window indicating
I was having car trouble. After letting down my window, the driver
of the unidentified auto stated to me, that he was a police officer,
and that I was to get out of the car. Although the driver did not
show me any ID, I felt I shoul~ do as instructed, until I 'could
evaluate whether he was a police officer, or not. It should be
noted, that the driver was dressed in civilian clothes, in an un-
marked car, and did not show any badge, or ID. I felt that my
safety was in jeopardy at this time, unless I did what he had in-
dicated. After exiting my car, the unidentified officer then stated
that I was to walk to the rear of my car and put my h~uds on the
trunk; spread my legs. I did as I was instructed but due to a
chronic back injury, I was unable to spread my legs wide; and the
unidentified officer kicked my legs further apart than I had orig-
inally spread them. He then stated I was and I quote, -under arrest."
I asked him what he was arresting me for and he stated reckless
driving. I asked him if he had noticed my car steaming and my slow
speed and he stated he did not see any steam. Also at the time of
this verbal exchange, the unidentified officer patted me down, con-
tinued to kick my legs apart and placed hand cuffs on me. He then
called a black & white back-up unit to be dispatched to our location.
At this time, he had not done the following procedures: 1)~show
his badge or ID, 2) read the miranda, 3) ask for my ID or reg-
istration, 4) issue a citation. 'After the black & white unit
arrived with a female officer driving, he indicated to me that
he was going to place me in the police car and tow my car. He
then pushed me into the back of the police car in a very rough
m~ru~er causing me to strike my head against the roof frame of
the police car. I then Questioned the female officer if the
car could be parked and my wife allowed to pick it up. She in-
dicated to me that he had the option to tow it or park it. I
then was t~en to the Tustin' Police Station where I was booked.
At this time, the .female officer did not know my name, asked
for my ID so she could book me. I then gave the female officer
my ID, answered all questions pertaining to the Pre-Booking Record.
After answering her Questions, I requested to speak to the arrest-
Lng unidentified officer. She then placed me in a holding cell
and stated he would be at the station in approximately 20 minutes
and I could-spe~k to him then. The arresting unidentified officer
arrived at the holding cell and proceeded to ask me~if I fully
understood why I was under arrest. I stated no and he then proceed-
ed to ir~form me I was under arrest' for reckless driving and that
the other car involved was a grey Toyota. I indicated to him the
only Toyota I had observed was an older model yellow Toyota. I then
requested him to read me the miranda and he then did so~ only after
I wanted
my request. After reading me the miranda, he asked me if~
to discuss the incident and I indicated yes. We then proceeded to
discuss the incident to no avail. During the middle of our discus-
Page 4
sion, the officer became angry, stopped talking to me and closed
the cell door and left. Later, an~ officer came into my cell and
indicated to me I was being transferred to Orange County ~vlen's
Jail. I was transported to Orange County ~,Ien's Jail and booked.
The transporting officer was courteous and polite, I was released
from Orange County 2~en's Jail on the morning of June 19 on an O.R.
~,~ wife promptly drove me to Santa Aha Tow where my car had been
ts~en and I paid the tow bill. I proceeded to d~ive my car to my
mechanic, Alan Workman Auto.motive. The tow yard personnel stated
that they had. gone t~rough the car to find out what was wrong with
it. While driving to my mechanic's, I noticed the car to be idling
roughly and the A/C to be malfunctioning. After a complete auto
analysis by Alan Work~n Automotive, the following ~m~Ees were
noticed: l) Puncture hole in r~diator hose, 2) A/C solenoid snapped
in half causing air conditioning malfunction, 3) Plug wire discon-
nected. At the time of my arrest~ the only damage was the puncture
hole in the- radiator hose.
This whole episode has indicated to me that I was detained,
searched and arrested without reasonable cause or proper procedure
and that my rights as a citizen have been violated. It has caused
financial and mental distress, for my wife and myself.
I feel that I must pursue this matter to the utmost within
the rims of the law and the constitution of our judicial system;
so that this or any other unla~ful arrest or violation of human
rights does not exist in a society that depends on our law em_force-
ment agency to conduct themselves in a lawful manner.
~ Resoectfu_Lly~ yours, ~
Thom~ ~ore
· . ~ ~^,, ~r~.~-~ charge
'~--= ..:alnec you tc. de~=~ r.e
~,,, ~, in the Cc. uPi cf ~~~~ / county aPising out
' azree ~.. ~a,' v,tu = fee of ~_~~ which "~ been agreed upon by us
fcr- a3l y'ro~=~ ~'- ·
_ ~.,d~.~gs up to trial court undersZanc that the agreed fee doe_
...... ~'._ud=. ~,.c~r.' - _~ervlces for "~"'~.~=a cr anzeai., in ~=. .... event either shall becc~
~.ecessary, .... ~ ='~'~ event s new =r.a s%zarate, a~reer, er.z., will be made·
:.e lit cf the amount of ~ as payment is hereby acknowledged, v
~lsc agree that, in addition tc the a~cve-stated fee, i will pay all necessary
~×?enses and disbursements w?:ic[ in ycur opinion will asslsz in th'e defense cf
~he case. Such ex-pense and disburser, ants may include but are not ~imited ~c
feeE cf ~rivate investigatcr~, expert ~itnesses, transcripts o~ court proceedir.
trave_ expenses and any other ex,,arises'''u deem helDfu! fnr the proper defense
un,Jerstand rha~ ~ou can make nc ~rcr. lses re, me con~e~nf the outcome of t~fs
case cther zhan tc render your ~est Frcfessicna! skill.
Client
MILTON C. GB!MES, Attorney at Law