HomeMy WebLinkAboutAgenda Report - May 4, 1983 (31)-47
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CLAIM On reccmiendation of the City Attorney and R. L. Kautz and
Conpany, Council, on motion of Mayor Pro Tenpore Snider,
Murphy second, denied the following claims and referred them
back to R. L. Kautz and Ccnpany:
L
a) Hayes Chiropractic Offices DOL 11/11/82
b) Mariano Chavez DOL 12/25/82
On re�ndation of the City Attorney and R. L. Kautz and
Company, Council, on motion of Mayor Pro 'INffrpore Snider,
Murphy second, denied the following claim as insufficient
and referred it back to R. L. Kautz and Ccnpany:
a) Ron Markle DOL 4/1/83
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R. L. KAUTZ & CO.
INSURANCE MANAGEMENT
NO. a UNION SQUARE BLVD. • (419) 487.4940
UNION CITY. CALIFORNIA 94987 April 15, 1983
Ron Stein, City Attorney
CITY OF LODI
P.O. Box 320
Lodi, CA. 95240
RE: Mariano Chavez v. City of Lodi
Date of Accident: 12/25/82
Dear Mr. Stein:
The following is our investigation and recommendations for
disposition:*
FACTS
On 12/25/82, Officer Lewis was called to the Guadalajara
Tavern relative to a knifing. The suspect was apprehended
with the assistance of Officers Pattissn and Monroe. Appar—
ently, a crowd estimated at 30 people gathered in front of
the tavern. C13imant Chavez was one of those in the crowd
who was apparently being quite loud and boisterous and
swearing at the police officers in profound Spanish.
Officer Punta was stationed outside the tavern when claimant
approached him and put his arm around him. Officer Punta
shrugged away from the claimant who giggled, then walked
back twiard him and put his arms around him once again. An
claimant was obviously intoxicated with red and blurry eyes,
Officer Punta elected to arrest him. His hands were placed
in handcuffs and he was l.:d to the police unit. When he
arrived at the unit he began to resist and was pushed into
the car, and his legs were moved into the car with the
assistance of Officer Pattison's night stick. Claimant
began to yell and ki--k the door of the police unit while,
waiting to be transported.
Evidently, the ride to the office as well as the initial
booking process was uneventful, as Officer Punta removed the
handcuffs from claimant shortly after arrival.
APR 16 1983
b • m
R. L. K A U TZ & CO.
INSURANCE MANAGEMENT
NO. 8 UNION SQUARE BLVD. • (415)487.4930
UNION CITY. CALIFORNIA 93587
Ron Stein, City Attorney April 15, 1983
RE: Mariano Chavez v. City of Lodi Page 2
Claimant was placed in a cell and Officer Punta attempted to
do a pat down search. Claimant refused orders to keep his
hands on the bars and kept turning towards the officers.
Officer Pattison assisted Punta by holding his hands onto
the bar. Officer Monroe lightly tapped his hands while they
were on the bars telling him to keep them there while he was
being searched. As Officer Punta was exiting the cell,
claimant tried to follow him out of the cell. Punta placed
his hand on his chest and told him to stay inside. Claimant
grabbed Officer Punta by the police badge and ripped his
shirt. Punta states he slapped claimant lightly one time,
using both hands, one on one side of claimant's face and the
other on the opposite side by his ear. He did not attack
the claimant, simply attempted to exit the jail cell. Due
to claimant's inebriated state, he began to fall and evi-
dently pulled Officer Punta off his feet also.
INJURIES
Claimant states injuries as being internal bruises and
abrasions to the head, legs, and hands with unknown damage
to the right eye.
WITNESSES
Officer Pattison arrived as Officers Lewis and Monroe were
removing the knifing suspect from the tavern. Be observed
the crowd consisting of people from other bars and stood by
Officer Lewis' police vehicle to make sure the knifing
suspect was not released. He noted claimant in the front of
the line yelling and screaming and recalls Punta arresting
him for public intoxication. He was unable to determine
what was being said only that the claimant was yelling
something in profanity in Spanish. Claimant resisted
entering the police unit and Pattison took one arm and Punta
the other then Punta put his hand on claimant's stomach and
pushed and Pattison pushed his head downward. The claimant
sat in the back seat with his feet out of the car. tie was
told four or five times to put his feet in the car but would
``. not. Eventually his knees were tapped with the night stick
t_
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R. L. KAU1'Z & CO.
!NSURANCE MANAGEMENT
No. a UNION SQUARE BLVD. • (415) 487.4940
UNION CITY. CALIFORNIA 94587
Ron Stein, City Attorney April 15, 1983
RE: Mariano Chavez v. City of Lodi Page 3
and his legs were put into the car and the door closed. As
Pattison carne out of the records booking area, he noted
Punta trying to take claimant's property. They were in
the booking cell and claimant's hands were placed on the
bars, although he kept turning around to Punta. Pattison
went over and told claimant to stick his hands through the
bars and. when he did so held them. Officer Monroe was in
the booking area and tapped the back of claimant's hands
very lightly with the night stick admonishing him not to
remove his hands. There was no further resistance. He then
recalls claimant turning and going forward with his hand out
as if to hit Officer Punta. He confirms claimant grabbed
- Punta's badge which put him off balance ripping his shirt
while holding on to the badge, losing his balance, falling
to the floor with Officer Punta on top of him. He helped
Officer Punta to his feet then Punta reacheJ down to help
claimant. He could see no signs of injuries. Claimant
apologized numerous times.
Officer Monroe attempted to keep people gathering in the
area calm but arrested one intoxicated individual. He does
not specifically recall the arrest incident but saw Officer
Punta walking with the claimant who was handcuffed to the
patrol car and recalls claimant being belligerent when taken
to the car. Punta's night stick was not drawn and recalls
another Officer tapping claimant on the legs with the night
stick in order to get them inside. He further noted claim—
ant would not keep his hands on the cell bars when Punta was
searching him and was taking his handu down and turning
around. Officer Pattison was also in the area and held the
fingers of claimant. Monroe tapped claimant with his night '
stick as an attention getter and made a comment similar to
"knock it off". He further observed Punta and claimant on
the floor and noted claimant kneeling on the floor with
Punta's badge lying in the hallway. Punta picked up the
badge and went back to the booking cell. He also noted no
injuries.
1(770
R. L. KAUTZ & CO.
INSURANCE MANAGEMENT
NO.8 UNION SQUARE BLVD. • (415) 487.4940
UNION CITY. CALIFORNIA 94587
Ron Stein, City Attorney April 15, 1983
RE: Mariano Chavez v. City of Lodi Page 4
Officer Lewis did not know how many persons were arrested
that particular evening in that he was concerned with the
knifing suspect. He did not see any physical violence or
night sticks drawn. He does, however, recall hearing a
scuffle in the booking area and when he arrived noted
Officer Punta helping suspect to his feet. He also noted no
injuries.'
We were also informed that on 1/30/83, claimant was arrested
for assault and battery on his wife, Mrs. Chavez, Lodi
police report no. 83-00976. At the time of responding to
this battery, Mrs. Chavez mentioned her husband was suing
the City and that it was a phony although she did not state
whether the alleged injuries were phony or the accusations
were fabricated. Please advise the disposition of the
batt._y and disturbing the peace charges that were to be
filed against claimant by his wife.
It is our understanding it is common practice to check
Immigration papers on all foreigners be they Spanish-
American or otherwise to ascertain if they are in the
country legally. It is also our understanding a suspect is
booked for public intoxication, placed in a cell until
sober, no blood alcohol tests are taken and no formal
charges are made against the suspect.
We were unable to locate further witnesses although the
owner of the Guadalajara Tavern, Mr. Tapia, will make
inquiries for additional names.
RECOMMENDATIONS
If does not appear excessive force was used in this parti-
cular situation and, in fact, Officer Punta is adamant that
he acted in a proper manner and claimant could not. have been
injured in any way. I have copies of the booking photos of
claimant which seem to show an obviously intoxicated gen-
tleman.
R. L. KAUTZ & CO.
INSURANCE MANAGEMENT
NO.8 UNION SQUARE BLVD. • (415)487-4940
UNION CITY, CALIFORNIA 94587 e
Ron Stein, City Attorney April 15, 1983
RE: Mariano Chavez v. City of Lodi Page 5
Therefore, we would recommend the City deny this claim.
If you concur with our recommedations, please forward a copy
of your denial letter for the completion of our files.
Very truly yours,
onnie Dedmon
Claims Administrator
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CITY CLAIM REPORTING FORM FO.J S,.1t5
PERSONS OR PROPERTY r'�� M 9:23
ALP—N7 F I. _
CITY
CITY OF LODI, CALIFORNIA
ATTN: Alice M. Reimche, City Clerk
221 W. Pine Street, Lodi, California 95240
CLAIMS FOR DEATH INJURY TO PERSON, OR TO PERSONAL PROPERTY, MUST B"
FILED NOT LATER THAN 100 DAYS AFTER THE OCCURRENCE (GOV. CODE, SEC.
911.2).
CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ON►*
YEAR AFTER THE OCCURRENCE (GOV. CODE, SEC. 911.2).
READ ENTIRE CLAIM FORM BEFORE FILING.
ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS.
NAME OF CLAIMANT: AGE:
HOME ADDRESS OF CLAIMANT (STREET, CITY AI4D STATE) `V 2 i/ Z ,,,,2i4
Z & CA 7; YiJ TELEPHONE NO. % ?'Y - fKY,y
GIVE ADDRESS TO WHICH YOU DESIRE NOTICES OR COMMUNICATIONS TO BE SENT
REGARDING THIS CLAIM: Al % i✓ / i o -Al i:i <i -; r/j '? 7?
DATE OF ACCIDENT: TIME: A.M P.M.
PACE OF ACCIDENT (BE SPECIFIC) y i.i L IzZald 11, ia 2-e
HOW DID DAMAGE OR INJURY OCCUR? (GIVE FULL PARTICULARS) ..
i=/i . as /.., -/i /%/%i.�li M
WERE POLICE AT SCENE? YES NO`AK—
WHAT PARTICULAR ACT OR OMISSION DO YOU CLAIM CAUSED THE INJURY OR
DAMAGES? GIVE NAME OF CITY EMPLOYEE CAUSING THE INJURY OR DAMAGE, IF
KNOWN
GIVE TOTAL AMOUNT OF CLAIM (INCLUDE ESTIMATE AMOUNT OF ANY PROSPECTIVE
INJURY OR DAMAGE). - J-
HOW WAS AMOUNT OF CLAIM COMPUTED? (BE SPECIFIC. LIST DOCTOR BILLS, WAGE
RATE, REPAIR ESTIMATES, ETC.). PLEASE ATTACH TWO ESTIMATES.
1
THIS CLAIM MUST BE SIGNED ON REVERSE S,DE
FILE IN TRIPLICATE
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EXPENDITURES MADE ON ACCOUNTOFACCIDENT OR INJURY (DATE AND ITEM):
NAME AND ADDRESS OF WITNESSES, DOCTOR AND HOSPITALS
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PLEASE READ THE FOLLOWING CAREFULLY.
For all accident claims, place on following diagram names of streets, including North, East,
South, and West; indicate place of accident by "X" and by showing house numbers or distances
to street comers.
If City Vehicle was involved, designate by letter "A" location of City Vehicle when you first
saw it, and by "B" location of yourself or your vehicle when you first saw City Vehicle;
location of City Vehicle at time of the accident by "A -I" and location of yourself or your
vehicle at the time of the accident by "B -I" and the point of impact by "X".
NOTE: IF DIAGRAMS BELOW DO NOT FIT THE SITUATION, ATTACH HERETO A PROFER
DIAGRAM SIGNED BY CLAIMANT.
FOR AUTOMOBILE ACCIDENTS
FOR OTHER ACCIDENTS
•N•r•i�
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I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND
CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE
MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF: AND AS
TO THOSE MATTERS 1 BELIEVE IT TO BE TRUE. I CERTIFY (OR DECLARE) UNDER PEI•'ALn
OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
DATED• r r (SIGNED):
NOTE: PRESENTATION OF A FALSE CLAIM IS A FELONY (CAL. PEN. CODE 72).
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CITY COUNCIL
EVELYN M. OLSON. Mayor
►OIIN R. (Randy) SNIDER
Mayor Pro Tempore
ROBERT G. MURPHY
►AMES W. PINKERTON. Jr.
FRID M. REID
CITY OF LORI
CITY HALL. 221 WEST PINE STREET
POST OFFICE BOX 320
LODI. CALIFORNIA 952.11
(209)334.5634
flay 6, 1983
HENRY A CLAVES. It
City Manager
ALICE M RE MCHE
City Clerk
RONALD M STEIN
City Attorney
Robert Lloyd
Attorney at Law
343 East Main Street
Suite 828
Stockton, CA 95202
Re: Claim of Mariano Chavez DOL 12/26/82
Dear Mr. Lloyd:
Notice is hereby given that the claim you presented to
the City of Lodi on March 2, 1983 was rejected by action
_ of the Lodi City Council at its regular meeting of May 4,
1983.
WARNING
Subject to certain exceptions, you have only six (6)
months from the date this notice was personally delivered
or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
Very truly yours,
Alice M. Reimc 1e
City Clerk
AMR j
cc: R. L. Kautz
Contract Administrator
CITY COUNCIL
EVELYN M. OLSON. Ma1•or
JOHN R. (Randy) SNIDER
Mayor Pro Tempore
ROBERT G. MURPHY
IAMES W PINKERTON. it.
FRED M. REID
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
POST OFFICE BOX 320
LODI. CALIFORNIA 95241
(209)334.5634
flay 6, 1983
HENRY A CLAVES. If
City Manager
ALICE -t REIIICHE
City Cherk
RONALD N1 $It 1N
City Attorney
Hayes Chiropractic Office
820 South Fairmont Street
Lodi, CA 95240
Gentlemen:
Notice is hereby given that the claim you presented to
the City of Lodi on April 20, 1983 was rejected by action
of the Lodi City Council at its regular meeting of May 4,
1983.
WARNING
Subject to certain exceptions, you have only six (6)
months from the date this notice was personally delivered
or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
Very truly yours,
Alice M. &#heX�
City Clerk
AMR: jj
cc: R. L. Kautz
Contract Administrator
CITY COUNCIL
EVELYN M OLSON. Mayor
JOHN R (Randy) SNIDER
Mayor Pro Tempore
R03ERT G. MURPHY
MMES W. PINKERTON. Jr.
FRED M. REID
HENRY A GLAVES. Ir
CITY . O F L O D 1'City Managri
ALICE tit. REIMCHE
CITY HALL. 221 WEST PINE STREtT City Clerk
POST OFFICE BOX 320 RONALD Ni. STEIN
LODI. CALIFORNIA 93241 City Attorney
(209)3)4.5634
May 4 , 1983
Mr. Ron Markle
47 North Loma Drive
Lodi, CA 95240
Dear Mr. Markle:
Notice 'is hereby given that the claim which you presented
to the City of Lodi on April 15, 1983 fails to
substantially comply with the requirements of Government
Code Section 910 in that it fails to state the date of
the occurance. The City of Lodi will not take action on
this claim for a period of fifteen days after this notice
is personally delivered or deposited in the mail.
WARNING
You may amend your claim and present it to the City of
Lodi at any time before the expiration of 100 days or one
year from the date of accrual of your cause of action or
before final action on your claim is taken by City or
Lodi whichever is later. See Government Code Sections
910.8, 910.6. You may seek the advice of any attorney of
your choice in connection with this matter. If you
desire to consult an attorney, you should do so
immediately.
Very truly yours,
�R?e
Al ci aM. im he
City Clerk
AMR: jj
cc: R. L. Kautz
Contract Administrator