HomeMy WebLinkAbout1994/07/26 Item 5A
July 21, 1994
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manager ~
City Council Meeting of JU~ 26, 1994
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, July 26, 1994. Comments regarding the Written Communications
are as follows:
5a. IT IS RECOMMENDED THAT THE CLAIMS AGAINST THE CITY FILED BY MICHAEL
ANDERSON, DERRICK O'NEAL AND TAMARA VAN TUINEN BE DENIED.
COUNCIL AGENDA STATEMENT
Item
5:
Meeting Date 7/26/94
ITEM TITLE:
Claims Against the City
REVIEWED BY:
. t ~
D1rec or of per~on~^
city Manage~~'J
(4/5ths Vote: Yes
No.!...J
SUBMITTED BY:
Claimant No.1:
Claimant No.2:
Mr. Michael Anderson
Mr. Derrick O'Neal
c/o Donald wayne Russell
Attorney at Law
209 Third Avenue, suite 6
Chula Vista, CA 91910
On June 16, 1994, Mr. Michael Anderson and Mr. Derrick O'Neal
filed claims against the city of Chula vista for personal injuries they
received in connection with a shooting incident involving members of the
Chula vista Police Department. Both claims seek damages within the
jurisdiction of the Superior Court.
Mr. Anderson alleges assault and battery, excessive use of force
and violation of his civil rights. Mr. O'Neal alleges he was injured
when police officers failed to identify themselves, falsely arrested him
and violated his civil rights. These claims concern an altercation on
December 17, 1993.
Although liability is questionable, we are continuing our inves-
tigation and it is desirable to start the statute of limitations. It is
the recommendation of our claims adjustors, Carl Warren & Company, and
Risk Management that the claims be denied.
Claimant No. 3
Ms. Tamara Van Tuinen
c/o William J. Ward, Esq.
Tanya R. Tice, Esq.
Law Offices of William J. Ward
4330 La Jolla Village Drive, suite 230
San Diego, CA 92122
On June 9, 1994, Ms. Tamara Van Tuinen filed a claim against the
city for personal injuries she received on March 6, 1994, during an
incident with our Police Department. Ms. Van Tuinen alleges excessive
force was used when she was arrested for drunk driving. The claim seeks
damages of $250,000.00.
Form A-113 (Rev. 11/79)
..5:,.. - /
Item:
Meeting Date:
Although liability is questionable, we are continuing our inves-
tigation and it is desirable to start the statute of limitations. It is
the recommendation of our claims adjustors, Carl Warren' company, and
Risk Management that the claim be denied.
RECOMMENDATION: Deny the above three claims.
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