HomeMy WebLinkAboutCC 4 CLAIM #81-15 05-03-82DATE:
TO:
FROM:
SUBJECT:
April 20, 1982
CONSENT C~LRNDAR
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HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: POIRIER, John
CLAIM NO: 81-15
D/L: 3/6/81 FILED W/CITY: 6/5/81
CARL WARREN FILE NO.' 29176 RR
After investigation and review it is recommended
that the above-referenced claim be denied and the City Clerk
directed to give proper notice of the denial to the claimant
and to the claimant's attorney.
JGR:se
Enclosure
1. Copy of Claim
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TOL--~DANO ~ CHARNLEY
LAWYERS
A~0rneys for Claimant
(SPACE BELOW FOR FILING STAMP ONLY)
JOHN POIRIER,
Claimant,
CITY OF TUSTIN and
COUNTY OF ORANGE,
Respondents.
CLAIM FOR PERSONAL INJURIES/ WRONGFUL
ARREST/ WRONGFUL IMPRISONMENT
(Government Code ~900)
Claimant, JOHN POIRIER, hereby, makes the following claim
against the City of Tustin and the County of Orange pursuant to
appropriate sections of California Government Code:
1. On or about March 6, 1981, at approximately 3:30 p.m.,
Claimant was arrested at his home located on Surbanas Way in the
City of Santa Aha, County of Orange, State of California.
Thereafter, Claimant was transported by police car to a station
of the Tustin Police Department whereupon he was detained and
eventually was incarcerated in the Orange County Jail.
2. Claimant is informed and believes that the Police
Department of the City of Tustin as well as the Orange County
Sheriff's Department were instrumental in procuring his arrest and
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detention. Claimant is further informed and believes that said
arrest and detention was made without reasonable cause.
3. Claimant was kept in custody from March 6, 1981
until March 20, 1981. On March 20, 1981, Claimant was released
from the custody of the Orange County Jail. Claimant is informed
and believes, and based upon such information and belief claims
that all complaints for which he was arrested were dismissed
effective March 13, 1981, due to the interests of justice.
Claimant is informed and believes and based upon such information
and belief alleges that he was negligently, recklessly, wilfully
and wantonly kept in the confinement of the Orange County Jail
from on or about March 13, 1981 until March 20, 1981, even though
all complaints against him had been dismissed.
4. As a sole, direct and proximate result of the actions
of respondents, and each of them, as hereinabove described,
Claimant was held against his will in various detention facilities
of the Tustin Police Department and the County of Orange from on
or about March 6, 1981 until March 20, 1981, all to Claimant's
general damage in the sum of $25,000.00.
5. As a further, 'sole, direct and proximate result of
the detention of Claimant as hereinabove described, Claimant was
unable to work and, as such, was deprived of the ability of earning
a living, all to Claimant's d~mage in a sum of $5,000.00. Further,
Claimant was unable to obtain Unemployment Insurance Benefits which
he otherwise would be entitled to, all to his general damage in
the sum of $397.50.
Claimant, by way of the foregoing, hereby claims damages
as follows:
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1. General damages in the sum of $25,000.00.
2. Lost earnings in the sum of $5,000.00.
3. Special damages in the sum., of $397.50.
NOTE: Ail further correspondence and notices following
the presentation of this claim should be sent to the following
law firm: Richard Charnley, Attorney at Law, Toledano & Charnley,
2212 Dupont Drive, Suite D, Irvine, California 92715.
DATED: June 4, 1981.
RICHARD CHARNLEY, Attorney
for Claimant
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