HomeMy WebLinkAbout05 CLAIM 07-26, KEITH BLUE 09-18-07Agenda Item
Reviewed:
AGENDA REPORT City Manager
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Finance Director
MEETING DATE: September 18, 2007
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: CONSIDERATION OF CLAIM OF KEITH BLUE, CLAIM NO. 07-26
SUMMARY:
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The Claimant reported that Tustin Police Officers came to his home and humiliated him by
handcuffing him in front of guests and unlawfully searching his residence. He was arrested, forced
to post bail and retain an attorney. His claim is for $10,000 in attorney's fees and $25,000 bail.
RECOMMENDATION:
That the City Council deny Claim Number 07-26, Keith Blue, and direct Staff to send notice thereof
to the Claimant and Claimant's attorney.
FISCAL IMPACT:
None.
DISCUSSION:
Staff has established that the Tustin Police Department was called to the Claimant's address on a
report of domestic violence and the calling party also stated there were loaded firearms and adults
drinking alcohol inside the residence. When the Claimant opened the door and allowed Officers to
enter, he was handcuffed for their safety -when he was asked for permission to search the
residence, he consented. Several loaded weapons and ammunition were found and a records
check of the Claimant revealed he is a convicted felon prohibited from possessing firearms. He
was arrested and charges were filed which included the weapons and the domestic battery. The
City's Claims Administrator is recommending that the claim be denied at this time.
Ronald A. Nault
Finance Director
ATTACHMENT: Copy of Claim No. 07-26
ConsiderationOfClaimOfKeithB/ue. doc
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CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
Received via: CITY O F T U S T I I'~
^ U.S. Mail
nter-Office Mail
Over the Counter
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PLEASE NOTE: ~ `
A. Read entire claim before filing. ~ - "~
B. Be sure your claim is against the City of Tustin, not another publi
C. Claims for death, injury to person or to personal property must b ~ t -than 6 months after the occurrence
(Government Code § 911.2).
D. Claims for damages to real property must be filed no later than one year after the oc ~' nce (Government Code § 911.2).
E. If additional space is needed to provide your information, please attach sheets, identifyi he paragraph(s) being answered.
F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on
his behalf (Government Code § 910.2).
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private
attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims.
H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
1. Name and Post Office address of the Claimant:
Name of Claimant: ~,l ~ ~~ 1,J~
Home Address:
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Home Telephone: ~ (~„ ~ Work Telephone: "') ~ ~ -
2. Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: ~ Tele hone: - -{3 S
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Post Office Address: R ~ ~, (~~p~~ G.
3. The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence: ~ _ (~ -~~
Location: (~ ` 1
Time of Occurrence:
Circumstances giving rise to'this claim:
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Time Stamp:
1i_101 AU6 13 P 4~ I b Claim No: ~~' Z-~
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General descripit~ion of theme inde teid,,ness, obligation, in"jury, damage or loss incurred s(o~ tat~r as you now now.
1~~lJr°. (J.}i~ Y 1 U+N~ ~ t t d~~ C..~/ ~t/7r ~-'~I GU ~~ - ~n ~e /~.~ ° f' V~ t S l~ti1P
5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
~, I I ~ ~c ~~'} 0 . V -" l I A ~~r{~ ~ ; N Iv ~u~-ran ', C ~ ~ ~~c ~ ~ I : i~ . P- ~:.~~ .- ~ ~e y
6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand
dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury,
damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of
the amount claimed (include copies of all bills, invoices, estimates, etc.)
^ Limited Civil Case ^ Unlimited Civil Case
7.
8.
You are required to provide the information requested above in order to comply with Government Code
§910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the
City of Tustin requests that you answer the following questions.
Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises: .
`~~,~ ~ Ueda li~ ~ -
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim
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If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP §
86.)
If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street corners. If City/Agency Vehicle was involved, designate by
letter "A" location of City/Agency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
SIDEWALK
CURB --a
,_, PARKWAY
SIDEWALK
City/Agency Vehicle; location of City/Agency vehicle at time of
accident by "A-1" and location of yourself or your vehicle at the
time of the accident by "B-1" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
CURB
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good
faith and with reasonable cause.
Signature`
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~-1Lt~ i f~~ Date: p`'~ /~
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