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Home My WebLink AboutAgenda Report - June 6, 1984 (88)CO STUN I CAT I ONS CITY CLERK CITY COUNCIL MEETING JUNE 6, 1984 Following introduction of the matter by City Clerk Reimehe, Council, on motion of Council Member Reid, Ilinchman second, denied the following claims and referred same to L. J. Russo Insurance Services Inc., the City's Contract Administrator. a) Kenneth Williamson DOL 1!13/84 b) Evelyn Wilson DOL 1/13/84 it 4�"3`4i4.Z �•''�i,i. fi 'i" i i `-�s,-. 'tat e F .. ,r^a'��tr' i < iot i � t � �� }. "kiu''e`yAh�'}r .. -{ 1� Y d$x:.s� a' a4 a.; E�i�• }{a'�°?�, . m ' ' � t �: '•• z e ,.';, "•-.'l• yelp �, v- �.< •'q: Y3 ,. c ;A�'t •`.•.�j �, »-� �t ¢-x �.e. �� v ..p. � S� a 1g19 x i' 61TY COUNCIL JOHN R. (Randy) SNIDER. Mayor DAVID M. HINCHMAN Mayor Pro Tempore EVELYN M. OLSON JAMiS W. PINKERTON. Jr. FRED M. REID Awk CITY OF LODI CITY HALL, 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209) 334-5634 June 12, 1984 Joseph L. Russell Attorney at Law 110 North San Joaquin Lobby Suite Stockton, CA 95202 -•. HENRY A. CLAVES. Jr. City Manager ALICE M. RE IMCHE City Clerk RONALD M. STEIN City Attorney Dear Mr. Russell: Re: Kenneth Williamson DOL 1/13/84 Notice is hereby given that the claim you presented to the City of Lodi on January 1:1, 1984, was rejected by action of the Lodi City Council at its regular meeting held June 6, 1984. The claim herein having been rejected, the following additional notification is given: W A R N I N G Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mall to file a court action on this Claim. See Government Code Section 945.6. You should also be aware that pursuant to Sections 128.5, and 1038 of the California Code of Civil Procedure the City will seek to recover all costs of defense in the event an action is filed in this matter and it is determined that the action was not brought in good faith and with reasonable cause. Very truly yours, Alice M. Reimche City Clerk AR: jj cc: Leonard J. Russo, Inc. Contract Administrator w i CITY COUNCIL JOHN R. (Randy) SNIDER, Maya DAVID M. HINCHMAN Maya Pro Tempore EVELYN M. OLSON JAMES W. PINKERTON. Jr. FRED M.REID CITY OF LODI CITY HAM, 221 WEST PINE STREET POST OFFICE BOX 320 LODI, CALIFORNIA 95241 (209)334-5634 Joseph L. Russell Attorney at Law 110 North San Joaquin Lobby Suite Stockton, CA 95202 Dear Mr. Russell: June 12, 1984 Re: Evelyn Wilson DOL 1/13/84 HENRY A. CLAVES. Jr. City Manager ALICE M[. REIMCHE City Clerk RONALD M. STEIN City Attorney Notice is hereby given that the claim you presented to the City of Lodi on January 13, 1984, was rejected by action of the Lodi City Council at its regular meeting held June 6, 1984. The claim herein having been rejected, the following additional notification is given: W A R N I N G 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 should also be aware that pur3uant to Sections 128.5, and 1038 of the California Code of Civil Procedure the City will: seek to recover all costs of defense in the event an action is filed in this matter and it is determined that the action was not brought in good faith and with reasonable cause. Very truly yours, Alice M. Re imche City Clerk AR: l j cc: Leonard j. Russo, Inc. Contract Administrator to •vim,,, CLAIM AGAINST ra LODI POLICE DEPARTMENT UCnt-� 1#71 i. Now of Claimant: EVELYN WILSON: 's _1;,;1 13 S'; i 19 2. Claimant's Add`es: 2228 W. Washin tTr "'^-1= OC tan.. p- I" ` - K ns 1 ;• �. lbst Office Address to Which Notices Are to be Sent. -"� JOSEPH L. RUSSELL Attorney at Law 110 N. San Joa uin, Lobby Suite —Mro—cTton, CA 952o2 4. Date of Occurrence o Cause of Action: October 6, 1983 S. Mace of occurrence or Cause of Action: Lodi Supermarket, 1401 Cherokee Lane, Lodi, California 6. Describe Circumstances of Occurrence or Transaction Which Give !Fisc to the. Claim Asserted: SEE ATTACHMENT 7. Describe Indebtedness, Ciligation, Damage or Loss Incurred as Tar as it May be Kowa at Time of Presentation of Claim: SEE ATTACHMENT g. !tame of Public Employee(a) Gw_LnR Inlury or Damage. If Known;' a. SEE ATTACHMENT C. b. d. �y 9. Amount of Claim: (Include Estimated Amount of Any Prospective Injury, Damage or r Loss Insofar as it May be Known at this Time.) �a GENERAL DAMAGES = 100,000.00 PUNITIVE DAMAGES 0 200,000.00 'fir• ->;=5; Total Amount Claimed as of Date of*`-= Presentation of This claim to . 300 t ,0 00.00 .= Slaned by or or clai"nt: Date: January 12, 1984 tem Pile two copies of this claim with , retain one copy for your files. (Use Reverse Side of This Pore for Additional InforMCioa.) . ) N, 40 'k Q Attachment to 6. Claimant was exiting the Lodi Supermarket with several of Claimant's friends and relatives after completing shopping on October 6, 1983, when Claimant was confronted by law enforcement officers from the Lodi Police Department, San Joaquin County Sheriff's Department, and the State of California Department of Corrections. The officers had their weapons drawn and aimed at Claimant and Claimant's friends. Claimant was handcuffed, arrested and taken into custody. Although Claimant was subsequently released without charges, the arrest was made without justification, excuse, or reasonable belief that Claimant had been involved in any criminal activity. At no time did Claimant consent to the detention or arrest. Attachment to 7. Claimant was improperly detained and falsely arrested, and as a consequence thereof, suffered great mental and physical pain and anguish and has been damaged in Claimant's good name and reputation. The conduct also constituted assault and battery and intentional infliction of emotional distress. Claimant suffered physical, emotional and psychological injuries and damages as hereinafter alleged because of this false arrest. Attachment to 8. Sgt. Gomes Sgt. Lafave Pollock King Donald Hill Parole Officer Espinoza Several officers from San Joaquin County Sherilff°s Department, whose identities are presently unknown to Claimant. Several officers from the Lodi Police Department. whose identities are presently unknown to Claimant. Several officers from the State of California Department of Corrections, whose identities are presently unknown to Claimant. CLAIN ,INS . • LODI POLICE DEPARTMENV tL_Ct_ P! IE' v 1.ft Of Claimant: KENNETH WILLIAMSON:.t j -� !.- :r� )L. 2. ClLilrat•• Adana.•; 2228 W. Washing, rc ►,r -.�►T'nl S'toRton,"TA 95 try ri �in r, '.:. �. Peet Office Add roes to Which Notice& Are to b -* --Sent: JOSEPH L. RUSSELL, Attorney at Law 110 N. San Joaquin, ySuite 'btOc on, ZS — 4. Dote of Occurrence or Cause of Action: October 6, 1983 S. Place of Occurrence or of Action: Canoe Lodi Supermarket, 1401 Cherokee Lane, _ Lodi, California 6. Deecribe Circumstances of Occurrence or Transaction Which Cive Rise to the Claim As"rted: SEF TTArHMRNT 7. Deecrtbe Indebtedness, Obligation, Damage or Loss Incurred as Tar sa it fty be Knww at Time of Presentation of Claim: SEE ATTACHMENT A. Now of Public Eaploireei•LCaustnm Injury or Dania:e. If Kora: &. SEE ATTACHMENT C. b. e . 1. Amount of Claim: (Include Eattmotad Aaawft of Any Prospective Iajury. Damp or Lose insofar ae it Nay be Knora at This Time.) GENERAL DAMAGES : 100,000.00 PUNITIVE DAMAGES 200,000.00 s s Total Amount Claimed as of Date of Preseatarion of This claim te. . . . . . ; 300,000.00 Han" by or for Claimant: Q Date: January 12, 1984 Mote: Tile two copies of this claim with , retain one copy for your tile*. (Use Reverse Side of This Form for Additional Information.) Nr 1.11 k Attachment to 6. �, VP Claimant was exiting the Lodi Supermarket with several of Claimant's friends and relatives after completing shopping on October 6, 1983, when Claimant was confronted by law enforcement officers from the Lodi Police Department, San Joaquin County Sheriff's Department, and the State of California Department of Corrections. The officers had their weapons drawn and aimed at Claimant and Claimant's friends. Claimant was handcuf€ed, arrested and taken into custody. Although Claimant was subsequently released without charges, the arrest was made without justification, excuse, or reasonable belief that Claimant had been involved in any criminal activity. At no time did Claimant consent to the detention or arrest. Attachment to 7. Claimant was improperly detained and falsely arrested, and as a consequence thereof, suffered great mental and physical pain and anguish and has been damaged in Claimant's good name and reputation. The conduct also constituted assault and battery and intentional infliction of emotional distress. Claimant suffered physical, emotional and psychological injuries and damages as hereinafter alleged becauAe of this false arrest. Attachment to 8. Sgt. Gomes Sgt. Lafave Pollock King Donald Hill Parole Officer Espinoza Several officers from San Joaquin County Sheriff's Department, whose identities are presently unknown to Claimant. Several officers from the Lodi Police Department. whose identities are presently unknown to Claimant. Several officers from the State of California Department of Corrections, whose identities are presently unknown to Claimant.