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Home My WebLink AboutCC 3 CLAIM #80-16 12-01-80DATE: TO: FI~OM: SUBJECT: 12-1~80 HOMO:RABLE MAYOR AND CiTY COUNCIL · .]AMES G. ROURKE, CITY ATTORNEY CLAIM OF JA~AES A. SEVERINO; CLAIM NO. 80-16; DATE OF LOSS: 4-11-80; DATE .CLAIM FILED WITH CITY: 8-7-80 After investigation and review, it is recommended that the above-referenced claim be denied and the City Clerk is directed to give proper notice of the denial to the claimant and his attorney. 3GR:se Enclosure 1. Claim of James A. Severino 1 2 3 4 5 6 7 8 RAYMOND L. LACHS~N CAROL LACHMAN 1151 Dove Street, Suite 110 Newport Beach, California 92660 (714) 975-0200 Attorneys for Claimants AMENDED CLAIM AGAINST PUBLIC ENTITY In the Matter of the claim of JAMES A. SEVERINO, a Minor, by CHARLES V. SEVERINO, his father on his behalf, Claimants, vs. CITY OF TUSTIN, JAMES ROURKE, CITY ATTORNEY; TUSTIN POLICE DEPARTMENT, CHARLES THAYER, CHIEF OF POLICE. CHARLES V. SERVERINO, through his attorney,CAROL LACHMANt hereby presents this claim on behalf of his son,JAMES A. SEVERINO, a minor, to the Clerk of the City of Tustin, pursuant to ~910, California Government Co~e. 1. The name and Post Office address of JAMES A. SEVERINO is as follow: 2. The Post Office address to which James A. Severino desires notice of this claim to be gent is as follows: CAROL LACHMAN Attorney at Law 1151 Dove Street, Suite 110 Newport Beach, California, 92660 /// -1- 3. On or about April 11, 1980 at 15622 Pacific Street, 1 2 Tustin, California, James A. Severino received personal injuries under the following circumstances: 4. On or about April 1!, 1980 at approximately 4 5 5:30 p.m. Defendant Severino (hereinafte~ referred to as s~verino) 6 approached the intersection of McFadden and Myrtle in Tustin, 7 California. This intersection is at the only entrance to the tract in which Severino resides with his parents. 5. Severino looked to his left at the intersection and noticed Officer Carvajal in the process of writing a citation. He 9lanced at Severino and waved him to the right. Severino stated "I live in there", pointing toward the tract, and proceeded straight ahead into the tract. Severino had observed other residents also entering the tract area.at this time. 6. As he approached his home and started to back into his driveway, Severino saw Officer Carvajal pull up with his lights on and heard a blurp from his siren. Officer Carvajal then got out of his car and ordered Severino to shut off his truck and get out. Again Severino informed the officer that he lived there. Officer Carvajal responded by saying, "Shut it off and get out". Severino obeyed this order. 7. Severino then asked Officer Carvajal what he was being cited for and he was told "Shut up, it's none of your 24 business". Again Severino said, "What do you mean, it's none of 25 my business? I want to know what you're giving me a ticket for." 26 8. At this tide Severino's father, Charles Severino, 27 approached his son and told him to say nothing more. Mr. Severino 28 informed the officer that he was Severino's father, that. Severino 29 was a minor and asked for what his son was being cited. Officer 30 Carvajal told Mr. Severino to "shut up and get off the street 31 before you are arrested for,interference". 32 9. During this conversation Officer Shanahan and 33 'Officer Schoenkopf arrived at the scene. 34 10. Officer Shanahan approached Mr. Severino and told 35 him to get back out of the street. Mr. Severino complied by 36 stepping back on the driveway. -2- 1 2 3 4 5 11. By this time Severino had become quite upset because he still did not know for what he was being cited. He turned toward his truck and hit the side of the ice cream truck with his right hand. 12. Officer Scho~nkopf then clutched Severino's'right arm with his (Officer Schoenkopf's) right hand and told Severino to calm down. Severino then replied, "O.K. I am calmed down. This cop won't even tell me why I'm being cited." Severino asked Officer Schoenkopf to let go of his arm and he in turn moved his hand from Severino's arm to his neck, wrapped his arm around Severino's neck,' grabbed his hair and pushed him to the ground slamming his head into the black top. Officer Schoenkopf then twisted Severino's right arm behind his back and hit him on the right side of the face. He then struck him again on the jaw with Severino's head still against the street. At this point Severino fell limp. Officer Schoenkopf handcuffed Severino, yanked him up and sl~ned him into the back of a patrol car. 13. Severino and Officer Carvajal left the scene. Severino then said, "Now that I'm handcuffed and in the back seat would you like to tell me what this is all about?" Officer Carvajal replied, "Why don't you just shut up! I'm tired of hearing you talk." 14. As the patrol car headed East on McFadden toward Newport Avenue, Officer Carvajal suddenly slammed on his brakes coming almost to a complete stop and thus throwing Severino forward in the metal grill in front of him. 15. Officer Carvajal then proceeded to the stop light at Newport Avenue and stopped. An officer who was directing traffic approached the car and said, "What the hell are you doing?" Officer Carvajal motioned with his thumb over his shoulder toward the rear seat and said, "Is, the dog gone?" The traffic officer bent over, looked at Severino and said, "Yeah, go ahead." 16. There was no dog at the scene. 17. The patrol car proceeded to the Tustin Police Station. When it arrived, Officer Carvajal pulled into a garage area connected to the station. -3- 18. The officer got out of the car and went into the building, leaving Severino in the back seat. 19. Approximately 15 to 20 minutes later Officer Carvajal returned with a paper in his hand. 20. He sat in th~ driver's seat and began questioning Severino. When he was done he asked Severino if he wanted to take a shot at him. Severino said, "No" 21. Officer Carvajal then read Severino his rights, got out of the car, opened the rear door and ordered Severino to 10 get out. l! 12 13 36 22. Inside the station Officer Carvajal's senior officer was waiting for them. The two officers began talking and Officer Carvajal stated he did not want to be around or to be the one to turn Severino over to his parents. Severino said, "Is that right?" Without answering, Officer Carvajal turned toward Severino, walked him to a nearby room and shut the door. Severino waited for 10 minutes or so and the senior officer opened the door and said, "Come on, your parents are in the lobby waiting for you." 23. Officer Carvajal was not in sight. 24. Severino was taken by his parents thereafter to the family physician for medical treatment. 25. On July 22, 1980 James Severino was acquitted of two counts of violation of Section 240, 241, Penal Code,two counts of violating Section 148, Penal Code, and one count of violating Section 2800, Vehicle Code. 26. So far as it is known to Charles V. Severino at the date of filing this Amended Claim, James A. Severino has incurred damages in the amount of $200,000.00 due to the following injuries: A. Intentioqal infliction of emotional distress; B. Oppression and outrage; C. Assault; D. Battery; E. False Imprisonment; F. Malicious Prosecution. -4- 27. Prospective injuries and damage computed on the basis of the following include: reasonable attorney's fees arising from this matter, continuous suffering of humiliation, mental anguish, and emotional and physical distress flowing from the conduct of Tustin Police Officers on April 11; 1980. DATED: August 7, 1980. Claimants. -5-