HomeMy WebLinkAboutCC 3 CLAIM #82-23 06-20-83DA TE:
TO:
FROH:
SUBJECT:
6/8/83
CONSENT C~ T.~.NDAR
No. 3
6-20-83
Inter -Corn
NoRABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: ALVA D~NLAP; D/L: 3/14/83; FILED W/CITY:
5/23/83; CLAIM NO: 83-23; CARL WARREN FILE NO:. S34954CH
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:se
Enclosure
1. Copy of Claim
cc: OCCRMA
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JOHN R. COGORNO
Attorney at Law
2790 Harbor Boulevard
Suite 313
Costa Mesa, California 92626
(714.) 540-0830
Oh;ce-Tu~tin ~ly Clerk
O
Attorney for Claimant ALVA DUNLAP
ALVA DUNLAP,
Claimant,
vs.
CITY OF TUSTIN, CITY OF
TUSTIN POLICE DEPARTMENT,
Resmonaents.
CLAIM FOR DAMAGES
1. Assault
2. Battery..
3. Negligent and Intended
Infliction of Emotional
Distress
4. Violation of Federal and
State Civil Rigkts
5. General Negligence
6. Dog Bite Strict Liability
7. False AErest
8. False Imorisonment
TO: CLERK'S OFFICE, CITY OF TUSTIN, 300 Centennial Way, Tustin,
California, 92680:
This claim is presented by JOHN R. COGORNO, Attorney at
Law, of the Law Office of JOHN R. COGORNO, on behalf of ALVA
DUNLAP.
The Post Office address of claimant is
Street, Apartment B, Huntington Beach, California; all notices
respecting this claim should be sent to JOHN R,COGORNO, Attorney
at Law, 2790 Harbor Boulevard, Suite 313, Costa Mesa, California
92626.
The date and location of the incident giving rise to this
claim is on or about March 14, 1983, in the City of Tustin,
CaTifornia.
1 On said date at or about 10:30 P.M., claimant was
2 helping a friend move her personal belongings out of her apartment
3 pursuant to court order, when without provocation, police officers
4 of the City of Tustin Police Department, while on duty and actin?
§ within the course and scope of their employmen~ and under color of
6 law, did assaut~, batter and violate claimant's federal and civil
? rights, and did intentionally and/or negligently inflict emotional
S distress on claimant, or othe~¢ise acted negligently toward
9 claimant when they pursued a course of conduct by allowing their
10 police dogs to attac~ and viciously bite claimant. Said City of
11 Tustin,' through said police officers, has ratified and approved
12 said acts of misconduct of said police officers by falsely
13 arresting, imprisoning and prosecuting claimant for resisting
14 ~rrest, etc.., in order to cove~ up their acts of misconduct
15 alleged herein.
16 Furthermore, claimant contends that the City of Tustin
17 and the City of Tustin Police Department, while acting as
18 principals, masters and/or employees of said police .officers were
19 negligent in the selection, hiring and retention of said officers.
20 Respondents are also strictly liable for the injuries and damaqe
21 caused by said dog bitel
~2 By reason of said wrongful and/or neqligent conduct of
23 the respondents, and each of them, the claimant suffered mental
24 anguish and distress, temporary and permanent bodily injuries,
25 damages to his re.~tation and respect in the community, has
26 incurred attorney's fees and a criminal record, loss of earnings,
27 and loss of earning capacity. The full extent of claimant's
.28 injuries and damages are unknown at this time and will remain
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indefinite. The amount claimed as of the date of presentation
of this claim is Five Hundred Thousand ($500,000.00) Dollars for
general damages, and One Million ($1,000,000.00) Dollars for
punitive damages.
DATED:
JOH~ ~. COGORNO, A~rney for