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HomeMy WebLinkAboutCC 2 CLAIM #83-39 01-03-84DATE: 12/21/83 CONSENT CALENDAR NO. 2 1-3-84 Inter-Corn TO: FROM: S UBJ ECT: ~ONORABLE MAYOR AND CITY COUNCIL JAMES G. ROURKE, CITY ATTORNEY CLAIMANT: WURR, GLENN~ JR., ET AL; D/L: 8/27/83; DATE FILED W/CITY~ 12/3/83; CLAIM NO: 83-39; CARL WARREN 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 CItY OF TUStiN OFFICE OF THE C! [Y CLERK Number: Claim No. $&C No. The a~-tached d~cument was received Received: Date: 12-5 ,1983 Time: 2:00 o'clock P .M. Received By: Personal service up~ 'the undersigned X Regular mail Certified or registered mail ' - COPY ~o: Signature(~ Mary E. W~nn (Print N~me) City :Clerk Posi ~ on ~-Warren & Co. on 12-6 ,19 83 mm ' City Attorney on 12-6 ,19 8.3 Department Head 12-6 ,19 83 Finance Department 12-6 ,19 83 3GR:se:2/!~/79 .]GR:se:R:3/20/79 Form A O:ll FOaM A RECEIPT December 6, 1983 Carl Warren & Company 1801 Park Court Place Building E, Suite 208 Santa Aha, California Gentlmen: 92701 Re: CLAIMANT: Glenn Edwin Wurr, Jr. · CLAIM NO: The enclosed claim was presented to this office on December 5, 1983, and has been referred to the appropriate City department for its investigation, and also to the offices of Rourke & Woodruff, attention of James G. Rourke, City .Attorney. By' this letter you are authorized to commence the .necessary investigation of this claim on behalf of the City. We would request that 'you notify the excess insurance car- rier(s) for the City that you are 'commencing said investiga- tion, and would further cequest that you submit your prelimi- nary and all subsequent reports to the City with a copy to the City Attorney and to the insurance carrier(s) if they so request. Pending advice from the City Attorney, we will plan to present this matter to the City Council for denial at its. next ~egularly scheduled meeting.  yL~ry E. Wynn ty C1 erk Enclosure Department Head Fi nance Department (2)0:11 300 Centennial W~; · Tustin, California 92680 · (714) 544-8890 ~21 ~outh Tu.v, in Av~nu~ Or~n~, C, alilomm 92666 (714) 771-7}70 lW*i!!,,~ Ad&ess P.O. Bo~ 11206 ,~am A~, CA 92711 ~ 2, 1983 SGT. W. FISKE TUSTIN POLICE DEPARTMENT 300 CENTENNIAL WAY TUSTIN, CA 92680 ~ of Claim: a~ viola~ion of civil Date of (Il/or about August 16, 1983, a~ ap~xoximmtely 11:5S p.m., ~r c~/or about ~ 27, 1983, at, or about 1:18 a.m. Police Oe~a~i~ L-mol~: Tust/n Police De~t. Officer initiatin~ Civil/an Conta~: D. S. Pa~., I.D. ~619 Th/s letter is the presentation of the. cla-~ of our client, ~lg ~]W/N ~, JR., for personal injuries, property ~m~qe, an~ emotional dist~ss for the above specified torts. Basically, this cl-{m arises from a civilian enoount~r ~ our client, h/s father an~ his ~, an~ o~e, D. S. PAI~, of the Tustin Police Depa~-~%t, I.D. S619, as ~.11 as other unnam~ m~b,rs of the Tustin Police ~. justificat/on, therefor, Officer D. S. Pan~ su~iticusly and secretly while in a mark~ patzol car but without eithe_r ~lights or ~f~zol a r~-~ably safe rate of speed, in ._~-_.~4~-~ with ~1 tzaffic laws to his h~ locat~l at 1192 Mitl:hell, No. 95, Tust/n, Califox~-. ~aere- u~n, Officer ~ imm~cliately J~--~d ou~ of his ~hicl,, e~unU~ and accused our client as our client was leavinc3 h/s v~hicle, thzeater~, harassed amd was abusive to our client. In addition, the officer maced December 2, 1983 pz~bable cause or legal justification therefor, Officer Pang drew his service ~=volver and thz~a~ to shoot our client. ~h~3hout this encou~er, Officer Pang was bellig~-ant, hostile, threatened our client im,~4~te en~ e~%nent physical h-~ of the - i.e. %0 shoot his father. ~e also ab~ed the officer draw end point the service revolver at his Offi_~r Pan~ also threatem~ to shoot ~ar client, was verbally a~usive, a~ in ~, struck ar~ ~ our client ~ ~ h~- and head. Our client did not threaten the Officer, an~ this ~s done charge is false, and without legal justification or probable cause. It is currently pem~_ng befoz~ the California ~9/nicipal Court, Central Our pre~4m4-~y investigatic~ z~vea/s that officer Pang has enqaqed in a course of conduct of harassing cur client, f~mily and neighbors without any ap~az~t legal justificati~, r~mso~hle or probable cause. As a result of th/s /nc/dent, our client has suffered damag~ to his ~ an~ ~rso~] ~ro~r~y, ~ an~ injury %0 his ~, ~"~3~ an~ injury %0 his ti=oat and voice, bruises, o~,~i~m, lecerati~m, and scrapes. In ackli~_io~, cur client ~- suffered e~0arrassment, anxiety, ~blic ~milia~, ~i~s, em~cio~l ~-ess, ~si~, and anger. Our client ~,- z~t yet reco~are~ ~ his physical injuries, De~er 2, 198'~ O~r client ~ cla/ms gene.fa1 ~mages in the amount of Five ~ ~ ~;~=~ ($500,000.00), ~ ~ ~ ~ ~ offi~, ~ ~ ~~ ~ ~ ~ of ~ ~ ~ ~ of ft~ ~1~ ~ ($5,000,000.00). ~ ~ of ~ ~ ~ ~ ~, Jr., ~. 8~ ~8142, ~~ ~ ~ ~~ ~ ~ of~ of ~ ~~ p~r~ ~ ~ ~ l~TP/ja 321 South Tuaun Avenue O~ange, C. all/oma 92666 (714) 771-7370 Mailing Adda~sa P.O. Box 11206 5~a A.~, CA 92711 CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92680 December 2, 1983 Type of Cla4m: For damages because of Personal Injury ~m:~t~l distress, harasS, abusive imprism~, violati~ of civil ~ms, Date of Incident: (l~/or about August 16, 1983, at a~:x~%mately 11:58 p.m., or a~ut Au~/st 27, 1983, at, or about 1:18 a.m. Polic~ DeparU~nt Involwd: Tustin Police Dept. Officer initiatin~ C_./vili~u Contsct: D. S. Pang, I.D. %619 This le~.r is the presentation of the claim of our client, ~.~ ~ ~, SR., for personal injuries, p&o~ty ~mage., and ~rotio~al distress for the above specified torts. Basically, this claim arises c~e, D. S. PA~, of th~ Tustin Police. Depa~:~L=nt, I.D. %619, as ~11 as Oth-~ unnam~ aw~ers of the Tust/n Polic~ Departmant. C~ the date and t/me indicated, our client was in L~t of his at 1192 Mitchell, No. 95, Tustin, California. ~e observed Officer Pang Officer Pang 4raw his service z~vol~_r and threaten his sc~ with ate and eniner~ physical haxm. F~ observ~ the Officer threaten to service z~;Dlv~r at his wife, JANET ~, and ~ten to shoot her. December 2, 1983 Pag~ T~ Officer P~ng also threatened tn shoot our client, was really abusive, and in fact, struck and maced our client about the bands haa4. Our client did not threa~ the Offic~, ~n~ th/s was without probable cause, or legal justification. Our client retrsate~ to his ~me. Without legal just/fication in violatic~ with Department Rules and a client's civil rights, Officer Pang radioed a "officer needs assistance" distress call. Whereupon, situat/on, and without pz~bable cause, legal or factual justificat/cn, into a coffee ~hle, and c~ ~ 9xound. - O~e officer administered chair an~ not allowed to ~h msce cut of h/s eyes, off his face, or pu~ On his other leal _%~t/fication. AS a result of this in~id~nt, our client has ~ ~ with misc%m~or violat/c~ of Caltforn/a Penal Code, Sect/on 148, obstructing and interfering with a police officer in the rs?~l~,v and pz~_r course of the police officer's duty. This charge is false, and without legal justification or pz~able cause. It is currently pe~{~g before the California Funici~al Court, Central Orange Judicial District. Oar prelim/na~ investigation reveals that office= P~ng has engag~ in a course of conduct of harassing ~ur client, family and neighbors without any apparent legal justification, reasonable or probable ca~se. As a result of this i~ident, our client has suffered damage to his real and Der~al Dz~erty, dam~ an~ injury to his haa~, damage_ and injury to his throat and voice, bruises, contusions, lacerations, and scrapes. Ln add/tion, our client has suffered -~k~z-ras~t, anxietT, nightmares, emotiom-1 distress, depression, and an~_r. ~ client had tn be ~,~ ~ the e~r~ncy hospital and see a doctor for treatment an~ has not yet ~ fzu~ his ~hysical injuries, pain and dist~ss..F~ has not yet reeo~x~ ~,, the ~n of ~ublic .~,~miliation and embarrassm~t. December 2, 1983 Our client hereby claims general ~amages in the amount of two hundred fifty thou~%nd dol/axs ($250,000.00), ~ed~al ~c/als in an ~-~ not yet fully ascer~-~, as all ~edicel bil~- ~ not ~ receive~. F~er, by the ~ you receive and open your file in this matter, we should have in o~r possessi~ the medical bills to send to ~u. In ~±tion, our c11errt: clal~ puni~cive c~a~.ae, a.qa/n~c ~ ~ polioe officers, ~ Police De~ and the CountT. of C~m~e in the amount of five mill{on dollars ($5,000,000.00). Please address all oo_~ ~o these offices and contact us as soon as ~ossible. If y~u desire, we can a~nge., for .v~ur adjuster to intervi~ our client at a ~utually ~ent time. Very truly ~urs, BJ~/ja A Pxofessi~,l ~21 Sou~h Tustin Avenue Or~qge, C. ali/omia 92666 (714) 771-7}70 Mailing P.O. Box 11206 5ama Am, CA 92711 De~,Ler 2, 1983 SGT. W. FISKE ' TUSTIN POLICE DEPARTMENT 300 CENTENNIAL WAY TUSTIN, CA 92680 P~: O~rClient/YcurCl~-~nt: Janet S. Type of Claim: Police brutality, assault, negligence, ~zx~ic~l Dat~of Inc{~nt: Au~ 27, 1983, at, or about lz18 a.m. Ple~-e be m~wised and that this letter damages a~nst y~u. that th~__-- law offices z~p.r~sent Janet A. Wuxr, constitutes the pr~.sentati~n of h~r claim for The basis of her cla~ is an incident that occu~=d o~ August 27, 1983, in t/le City of Tustin. Our client observed h~r N,~h~nd and her ~ in a police alter=ation with Officer D. S. P~g of the Tust/n Police Depa~t, I.D. No. 619, and ~ in~ol~ in an ale~-~catic~ herself. She saw her son, Glenn F~. ~=rr, Jr. and h-~ husband, Glenn E. Wurr, Sr. ~ th. porch of her residence. ~ observ~ her ~n ~lding his hands ssw Officer Pang. F-e was on thu fLrst landing of the s~s. ~er She ~ at the t~p of the stair~. Officer Pang ~x~lled a s~.rv~c~ ~ at her sc~ and herself. She has a heart c~ticn and inm~i~ately felt sho~s of bz~ath and pain in her cD, st. She was afraid that Offioer Pang was either goin~ to kill b-w or'her son. She ob~ the December 2, 1983 Officer Pang, wit~ut legal justification or ~bable cause dr~w his ~rvice z~volver, point~ it at our client and hat family. In therefor, he r~oed an "officer needs assistance" distr~.ss call. ~lereup~n, ~z~ officers of the Tustin Police Depa~h~t a~ived and withot~ first check/rig c~ the condition or sit~atic~, without fi~t scoping the situation, an~ without prubable cause, legal or factual ju~.~tification, ran un th~ ~teps to the ~%%rr z~sidence; shotguns service revolvers at her s~% ar~ hex ~.~. ~er sc~ w~s handcuffed. They ~.~,h~ h/m on the porch, and one officer ~ a As a result of this incident, our client's personal and real Our pz~l~,~hnary im~stigation ~ that officer Pan~ has engag~ in a oourse of co~k~ct of harassing our client, her family and neighbors ~ ar~ =,~lon 4istr. ss, e~rras~ent, anxiety, nightma~s, pz~ssion, anger, as well as the pain of public humiliati~ and z-as s~le~t o Our client hereby cla~ gem~al damages in the amount Hundred Fi~ ~s~ ~11~ ($~0,000.00), ~ ~ls ~t ~ ~ ~,~y a~, as a~ ~ bi~ ~ ~ ~i~. ~, ~ ~ ~ ~ ~i~ ~ ~ ~ file ~tt~, ~ s~ld ~ ~ ~ ~s~ssi~ ~ ~i~l bills ~ ~ offi~, ~ ~ ~ ~ ~ ~ of ~ ~ ~ of fi~ ~ ~s ($5,000,000.00). Our client's ~n~nd and son have been c~r¥=d with a violation of crime, violatio~ of California Penal Code Seck~_o~ 48, and this also was drone in the presence of our client. December 2, 1983 Please address all corres~ce to these offices and contact us as soc~ as possible. If you desire, we can a~.~ng~ for your adjust~r to interview cur client at a ~__w,.~lly conveD/en~ time. BJP/Ja very truly ~urs, A C~-~Y, INC. A Professic~-I ~LC~.