Item 21 - Denial of Claim
- AGENDA REPORT SUMMARY -.
-
TO: Honorable Mayor and Members of the City Council
FROM: James L, Bowersox, City Man~ .
INITIATED BY: John D. Fitch, Assistant City Manager~lt ~
Peggy A. Stewart, Director of Administ ativ service~lV
Douglas A. Milton, General Services Manage
DATE: August 1, 1995
SUBJECf: Denial of Claim - Jeanna and Jacob Arellano
ABSTRACf
A claim for dmages in the amount of $25,000 was received from the Arellanos on June 19,
1995. The claim alleges unreasonable and unprofessional action by San Diego County
Sheriff's deputies. It is r~commended that the City Council deny this claim.
-
ENVIRONMENTAL REVIEW
Environmental review is not required for this agenda item according to CEQA guidelines.
FISCAL IMPACf
Unknown
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the City Council deny this claim,
ACTION
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1 of 9
AUG 1 1995 ITEM 21
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~ AGENDA REPORl
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion. please fill out a slip indicating the report number
and give it to the City CJerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L, Bowersox, City Mana~ ~
INITIATED BY: John D, Fitch, Assistant City Manager~ \\-
Peggy A. Stewart, Director of Administr tive Services
Douglas A. Milton, General Services Manage I
DATE; August 1, 1995
SUBJECT: Denial of Claim - Jeanna and Jacob Arellano
BACKGROUND
A claim for damages in the amount of $25,000 was received from Jeanna and Jacob
Are 11 ano. It is recommended that this claim be denied.
FINDINGS
The Arellano claim alleges unreasonable and unprofessional action by San Diego
County Sheriff's deputies,
ENVIRONMENTAL REVIEW
Environmental review is not required for this agenda item according to CEQA
guidelines.
FISCAL IMPACT
Unknown
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the City Council deny this claim.
JLB:JDF:PAS:DAM:eg
:
ACTION:
2 of 9 j
AUG 1 1995 ITEM 21
Caty Of Po�vay
_ R!E�CE�I�Y�E�D� �
cu�rM �GNr�sTrrie:c.rTr oF"POwnY �- '�
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Oe8lved 6y�- -+�✓ :vl� . _ r
.S. O�liil � . CITY OF POWAY �
;��ep{{�q (y{y1 CITY'CLERK'S,OFFICE
wr the Counter x
�? 9 �-9.r �
dalm:must�be Aled with;tho C(ty Cltrk or,R!'sk Manager ot Mie City ot Poway w2tl�lln 6 trionths plter wh3ch:fhe
eident or event ocamedc B� suce�your datm Is�ipalnst the of Poway, not �nothtr pubUc tntlry. Where
� ,� ., .
�ae� b,irt��ffident pioase us add�tione! paper a�i'q �en�y in om�aGon by piraprspA.nu�bar Completed
alma miitt'be mailed`or deliversd to The. Clty oYPoway, 13325.Cfvic�ConteCDrivs,Poway, CA. 92064 ( P.O.
oic �88 ). AGn:` Fii s k`M a nager .
O THE HONORABLE MAYOR AND CRY` THE CTf OF POWAY CAUFORNIA „
he�undersipned rtspectfully submitt tlie followlnp dalm and.intom�BUon roiative=to O�maDo io persons
ndJOr personal'property: ,.
. PIafT1@ 0(diiT8flt leanna Ar.ell_an'o b 3a'cob ;(mino:r` son)
'm. Address oi a�imanE
Q PAOti@NOc/o at',ty` Nunn Dtte'Ofbitth
- arob
_d. SOCIaI SBwrlty No. - .?ea�,°a �yert.UC. N0.
: Name, telephone and post otfice mddreu to whicN GaimanCdesires notice� to De sent H oNer
ptian above:
c/o Donald A. Nunn At'torney a Law 13'4''76 Community Rd. Poway, CA 92064
�. Occvrrence or eventtrom wAieh+tha clatm artasr. .
8. . DitO 4/ 13 / 95 b. 1'kf10aPP.r 8.?.39P �m •PliC! ('�t8Ct 8nd Sp@CiTiC IOCitlOft) -
d How mnd under wAai-:eircumstancas;did:damapa or injury oewr? Speciy the puticulsr
occurrence, tyent, acf or. ortiission you daim-caused' (use
additional pape�, ifnecas3ary'.).
See attachmen't 3d
e. WnatparJcufar;ection by th� Gty; ortts �mpioyees, caused°1he,aneped damape or
Injury7
See att'achment 3e
3 o f 9 AUG 1 1995 �Eil/ 21
4: GiJe e;dascriptlon of tf►e l. :ry. property damage or los,a;.ao far;,s� Is known ai tho tlme of tf�is
,o daim: `K I�ero wtro na''.injurt�i: slsta"'No: kyuries ' .
�; I was six and one tra�f months pregnant at [fi',e`�;ti'me o'f the incident. In ddent
�; a,use me to ave'nausea.an s'tomar pain,: r`aus"ng fur:thes concern o'f a
d miscatriage. I ven't ,to Pomerad'o Ho's :ital immedlaGel- a-� e.r the in �
' ,nc u e a w, t- e n _
�, 3. vo name ;) e;�ty ai�iby e�� c�us�R� �� be.or �jury:
i
San Die o Coun ' -
'�' c vartz, F. (A8,639}. Claim a7,s:o against Cou'nty of San Diego. Filin
.:� w i th '� 1, _ _
""' ur. s c ns s pr mar.y:
� e. �a s�������o t ���; ��;- .
+ Joseph, Geraldine; & Pa:trick Valencia 15'7,2-0 Sqcamose Canyon Rd-. Powav, CA
:: _
r •
,�.
r'
:� 7. Namo and nddnss of'the pwner of any damaped'property:
.. ,,
; 6. DamaDes daimed: ; .
' a Amount claimed as of this date � 2 s o00 .,o o� �
= b. Estiinated amount ot tutiife ecsts: $ n n�"� o,W n
c • Total amount.elaimed: $ ��;�a�
d. Basis for computa0on oi;amounts Claimed ( �nuuqo oopea ora�� aus. fnvoices, estimates; etc) :
MedYcal bills "Eor Ms. Az,el"lano {.$131.25) enclosed:. Trauma/emo'tional distre
�. IvMt¢i ifl� 800feSiC5��018IIWf$1lsi@S, f105 IS�1.in �t s.. .Arellano. -� -
� FicG�n�.�t�
LPhvsicians at Pbmerado,Aospital
b, '
G .
d . .
.. 10. My additional Infortnation thai miphi"b�'htlpful In eonsiderin8 this,daim:
i
This incident was badly•misfiandled 5y Sher1!'f''§'Depu:E Cla imant Arellai
�. was peaceably visiting the leas.ed residence_of the'Valencias, was placed
�' n az o mme -are ; n ury os ea^ an rsuse o ear or e sa e- e
.� . � . , __ ..... - . .
:: 3 and 4 year old children'b.y unreas'onabPe and vnpnof;essiona�l arxdons of
: _
'r WA ��a: �$ 61 CRIMINAL OFFENSE TO �10E A FALSE 'Ct/4IMl (P�nst CoCe §72;
,!;,' lnsurancs Code ; 356.i )
; I'have read ths matteR and�;tatarronts mrd��In tht'abovo daun and J'Ig�ow tM'same to_6e true o(,myown knowleC�c
; �eopt aa to,tho�s ina�tira atafed upo`n �ilormation or batiel aa`to:wch metiort I Da6avo ttw;amo fo Dt; We. t cenily und�
periatty oi porjury ihat'fM'biegotng it TRUE arid-CORRECT. • •
. biprrd fhis ���_,8ar o� .t i;�, .
U �
l _
• � '8'Sqnature -
; OfScs'oitl�;dryClair .
� PoweyrCa$fomla .
COCIINlSPlT NO: .. F11E0
4 of 9 ' AUG 1 1995 ITEN1 21 •.
Claim Against the County of San Diego
ARELLANO, Jeanna and Jacob
Attachment 3d
Sheriff's Deputies Jones (#8065) and Schwartz (#8629) came
to the above premises in response to a monitored security alarm
signal indicating a breach in the security system. One male
deputy and one female deputy ordered all occupants out of the
house at gun point. Deputies terrorized the Valencia family,
their guest Jeanna Arellano and Ms. Arellano's four year old son
Jacob for a number of minutes (perhaps as much as ten minutes or
more) with the male deputy pointing a gun at all of the above
named individuals in general and specifically at the head of
Joseph Valencia. Claimants informed the officers that they were
residents of the premises. The officers demanded proof of
residence but refused to permit residents to obtain the proof
being demanded, all the while continuing to wave a gun at
everyone, including the children.
The officers were not in control of the situation and
appeared to have no idea what to do and therefore the male
officer continued to wave the gun around holding everyone at
gunpoint while demanding proof of occupancy which at the same
time the officers refused to permit the occupants to produce.
Eventually the officers permitted Geraldine Valencia and Jeanna
Arellano to corne and go inside the home, out of sight of the
officers and unattended by the officers, while the male officer
continued to point the gun at Joseph Valencia. When finally
allowed to do so, Mrs. Valencia produced a lease for the
premises. While still being held at gun point, and begging the
male officer not to shoot him, Mr. Valencia retrieved his wallet
from the shorts he was wearing in order to produce
identification.
The circumstances confronting the officers at the time of
making contact with the occupants of the residence clearly
indicated that these people were not burglars. In fact the
security alarm had been triggered at a different building (a
warehouse) on the property and the officers appeared to have very
little idea of what they were looking for or where they were
supposed to be. Mr. Valencia was wearing a pair of shorts and
was shirtless, shoeless, and sockless. The rest of the family
was dressed in pajamas. Jeanna Arellano was visibly pregnant
(six and a half months) and the two male children were ages three
and four respectively. Despite being able to make these visual
observations, the officers accused claimants of being crack
dealers who took their minor children to the scene of their
burglary activities. When Claimants complained that the officers
were mishandling the situation and when the male officer
repeatedly refused requests to stop pointing his gun at
Claimants, the male officer threatened to arrest them for
"breaking and entering".
If these Claimants were truly suspect, proper procedure
5 of 9 AUG 1 1995 ITEM 21
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Claim against the County of San Diego
Arellano - attachment 3d page 2
would never have permitted the females to go into the house, out
of sight of the officers and unattended. Despite allowing this
to occur, the male officer continued to point the gun at Mr.
Valencia the entire time.
Ultimately Mrs. Valencia went into the house again, still
unattended, dialed 911 and was put in contact with a Sergeant
Helman at the poway substation, while Mr. Valencia continued to
be held at gun point by the male deputy.
In addition to all Claimants being terrorized and
traumatized, Mrs. Valencia sustained a broken big toe on her
right foot due to striking it on the edge of the doorway when she
attempted to push the children back into the house upon first
seeing the gun being pointed at everyone. Initially Mrs.
valencia believed that the female officer was also pointing a
gun. Jeanna Arellano began experiencing nausea and stomach pain
and was taken to pomerado Hospital immediately after the
incident.
Eventually the officers went to the warehouse where the
alarm had gone off, and then left the property.
6 of 9 AUG 1 1995 ITEM 21
_. -
Claim Against the County of San Diego
ARELLANO, Jeanna and Jacob
Attachment 3e
San Diego County Sheriff's Department. Officers Jones, J.
(#8065) and Schwartz, F. (#8629) .
The lawful residents of a home were unreasonably and
unnecessarily terrorized and held at gunpoint for approximately
10 minutes with two very young children present, two females (one
of them 6 1/2 months pregnant) and one male dressed only in
shorts and barefoot. Claimants believe that the officers were
and unprepared to deal competently or professionally with the
situation they encountered despite having been dispatched by the
San Diego County Sheriff's Department to the subject property.
Claimants believe that these officers failed to follow the
policies and procedures of the San Diego County Sheriff's
Department at the time of this incident. The officers totally
overreacted to a non-threatening situation by holding lawful
occupants at gunpoint while the officers tried to figure out what
they were supposed to do. In the process they caused Mrs.
Valencia to sustain a broken toe and created serious concern that
Ms. Arellano would have a miscarriage. Both women incurred
medical expenses as a direct result of the incident.
7 of 9 AUG 1 1995 ITEM 21
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