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Item 10 - Denial of Claim - \GENDA REPORT SUMMARY - ...'0: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Ha~ INITIATED BY: John D. F;tch, Assistant C;ty Manager ~ Peggy A. Stewart, Director of Administrative ervic~ Douglas A. Milton, General Services Manager DATE: October 10, 1995 SUBJECI': Denial of Claim -- Joshua Schweitzer Denial of Claim -- Jon P. Balli ABSTRACI' Joshua Schweitzer presented a claim for damages to the City on September 7, 1995. Mr. Schweitzer alleges he slipped and fell on loose gravel on a local sidewalk. The amount of the claim exceeds $25,000. It is recommended that this claim be denied. Mr. Balli presented a claim to the City alleging "abuse of power" by a San D;ego County Deputy Sheriff. The amount of the claim is $800.00. It is recommended that the claim be denied. - ENVIRONMENTAL REVIEW Environmental review is not required for this item according to CEQA guidelines. FISCAL IMPACI' Unknown ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION It is recommended that the City Council deny these claims. ACTION - 1 of 9 OCT 1 0 1995 ITEM 10 _M._. -- ---.. -----,.---~--,-_._--_. ----~--- - AGENDA REPOR'l 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 Clerk prior to the beginning of the City Council meeting. TO: ."".b1. ''Y'' ... "'b"'~ Ct" C""" FROM: James L. Bowersox, City Man INITIATED BY: John D. Fitch, Assistant City Manager ~ Peggy A. Stewart, Director of Administrative Services Douglas A. Milton, General Services Manager DATE: October 10, 1995 SUBJECT: Denial of Claim -- Joshua Schweitzer BACKGROUND A claim for damages was received from Joshua Schweitzer on September 7, 1995. The amount of the claim exceeds $25,000.00. It is recommended that this claim be denied. FINDINGS Mr. Schweitzer alleges that he slipped and fell on loose gravel on a local sidewalk. 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:DAH:eg Attachment: Claim for Damages -- Joshua Schweitzer ACTION: 2 of 9 J OCT 1 0 1995 ITEM 10 �fjS"96 --oos 1 — C181m of JOSHUA.SCHWEITZER, by) CLJ+IM FOR PERSqNAL INJURY 2 and througti hi's Guardien Ad) (;Govt C Section 910) Litem, Lisa Madison 3 v. ' �4d� > D � 4 . � GZTY OF POWAY ) I SEP 7 5 ) 6 � �y pp pOWpY R1SK MANAGEMEN TO CITY OF POWAY" _ � You are hereby notified that JOSHUA SCHWEITZER, by and g through his Guardian Ad Litem, LI'SA_MADISON makes. a Claim for Personal Znjuries-Against CITY OF F?OWAY as'fol2owsc 9 1. claimant's address'is: 10 - 2. The amount of damages at date-of claim exceeds 525, and. 11, �urisdiction over this claim rests in the Superior Court. 12 3. The claim i's based on personal injuries sustained by claimant on or'about _Aprifi 30, 1995 on the stdewalk at or near 13 Poway, CA 92064, under the following cirCUmstances: 14 Claimant was in�ured when he tripped :on loose 15 grav,el that was spresd over the sidewalk at or near �—• — � 1n the City of Poway. 16 4. As':.of the 'date of this claim, C181ment has incurred the 17 following injury, damage, and loss: 18 Out of pocket medical expenses, mental distress and pain and suffering. 19 5. The name(s`) of Ehe public employee;( causing Claimant's 20 injuries under the described circumstances are not known tp claimant at the time oE this claim. 21' 6. All notices o_r other communications "with regard to this 22 claim should be sent to W. Michael. Sweeaey et LAW OFFZCES OF WILLIAM K. SWEENEY, 11440 W. Bernarao Court, Suite 320, San 23 Diego,,,CA�92127.. 24 DATED: V y) LAW OFFICES OF WILL3AM.K' SWEENEY, APC 25 26' — 27' W. MICHA SW E Y Attorney for C1 ant 28 ' JOSHUA SCHWEITZER, by and through his Guardian Ad Litem, LISA MADISON 3 of 9 OCT 1 0 jgg5 ITEpA 1� .- AGENDA REPOR1 CITY OF POW A Y This report is included on the ConSt!nt 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 Clerk prior to the beginning of the City Council meeting. TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City M~ INITIATED BY: John D. Fitch, Assistant City Manager Peggy A. Stewart, Director of Administrative Services Douglas A. Milton, General Services Manager DATE: October 10, 1995 SUBJECT: Denial of Claim -- Jon P. Balli BACKGROUND A claim for damages was received from Mr. Jon P. Balli on September 14, 1995. The amount of the claim is $800.00. It is recommended that this claim be denied. FINDINGS This claim is for alleged "abuse of power" by a San Diego County Deputy Sheriff. 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:DAH:eg Attachment: Claim for Damages -- Jon P. Balli ACTION: 4 of 9 J OCT 1 0 1995 ITEM 10 rc�-:�.s. �'q, r - .�..��r. rr.w''. t ' . �� �. . . . -. � � , :e 1�: +. . �� . � ��. _,;. �. . „ � ' - p �, . �IIty off Powey � � �_. � 4 D t y . CWAA AGAINST THE CfTY OF`POWAY ��,__ .._ • � Received.by %,r`TD'�/ y � U:S. Meil _�j IMerOffioe Mail ;Over ttie CouMer 1�— '`1•S�� �» 06 A clafm:rrwct be;filed with the Citp Clarlc or, Risk;Manay�r;oi the City of Powaywithin 6 rtanths 8fter wAich the incii�enYor event. oocurted. Be sure your olaim.is�apainst the.CHy.of Poway. rat another pubUc::�ralty. Where spacertis irisufficient. Please use �dditional paper�end�identify i�omation by paraqrspA number. Complsted qeims musi be mniied a�livered to The Giry of �oway,;13325 Civz Certler Driv�e, Pavay. CA 92064 (P.O..Box 789). Attn: pfsk IMe�g{�r. f0 TFIE HOtJORABLE-MAYOR AND C(TY COUNCIL, THE CITY pF PpWAY, CALIFOftNIA fhe:undersigned fespectluiy submits ►he toi'lcwing daim and irAOrmstion relative tC darr�ape to pe►spns and/or personal rroperty: . Name ot c4vmarn JON P, BAIiL'fi: e. Address of claimaM �. Phone No. (w ) c. Date of Birth �.,Social Securtty No. e. Drivers'Lic: No. . Name, telephone and post office address,to wfiich claimant.desires notices toibe sent it:ot • Gerri Balli, on'. . a i � Ocounence or•event trom which ttie,daim arises:. a: Date May 28, 1'995 b, r� 2320 c. Place (exaa and'specitic bcation) _- PowaY, Celifornfa d• � �de� mecrcumsta(xes did"dartiage or injury occuf� §p�iy.,the-particu(ar occumance event, act ot"omission - !nlury (use?addftional paper A neoessary). PLEASE'SEE AT.TACHED BY THiS'REFERENGE'MADE A PART HEREbF. e: What p8iticulac, action by the City, or its:employees, caused;the alleged tlartiage or injur� -Abuse,of power,. mis,conduct,and unprofes by police off,icer M. Ryan � ic resu e in a civ ;,ig -s vio a on. a o+=i traffic eton for a"fiz=i't-" tick e� ara'18 ro 'a felony charee. Officez Ryan conducted an ,unlawful search and s,etzure with ino probable cause — 5 of � , OC7 1 O 1g95 BT'E�/ ! 0 d. (cont. ) I am alleqinq that Officer Ryan a~used bis pover as a deputy sheriff and violated my civil riqhts. I turther believe that I va. knowingly and wrong-I)' charqed vith a felony charqe of -threat..- Officer Ryan fa~ricated the charqe ~y inflaminq a routine tratfic stop vhen he could find no other otten.e vith vhich to charge me other than the ~urned out license plate light. He provoked and unnecessarily created a hostile environment. At no time did I threaten the officer, take a threatening stance, or otherwise. At a maximum, I vas impolite, and that is que.tionable since I believe it i. my right as a citizen to question why I va. stopped, arrested etc. Although Officer Ryan had absolutel)' DO probable cause aDd DO peraissioD was qraDte4, he proceeded to search my vehicle presumably on a hunch that he vould find illegal drugs and/or an alcoholic beverage. This search was illegal and violated my civil rights. As a result of this illegal search, raspberry ale vas located under the driver's seat. I had no knowledge that the bottle was there. In his report, Officer Ryan states that I knew the bottle was there; that misstates the facts and is not the truth. He omits other facts, i.e., that the bottle had to be torcefully yanked from up under the driver's mat, was filthy, unopened, and was covered vith sand as well as a black tar-like substance. The car is my brother's, and I had no prior knowledge of the bottle. It is likely that the bottle was there even before my brother's purchase 6 of 9 OCT 1 0 1995 ITEM 10 of the vehicle since the car i. over 20 years old. I had never had the seats out and was unaware of what, if anythinq, was under them. Yet, Officer Ryan never administered then or at any time any tests for druqs or alcohol to substantiate his hunch. He further fail. to mention that I requested a te.t. My sister arrived on the scene while I was beinq arrested and asked if she could drive my car hOme. Without any provocation, Officer Ryan was rude to her, and her request was also refused. I was required to pay towinq/storaqe charqes in the approxilDate amount of $198.00. Factual Baokaround Laadina QO ~o Arr.st I was pulled over on poway Road accordinq to Officer Ryan because I had a burned out license plate liqht. I was aware of the burned out light and told Officer Ryan that I would have it fixed. I assumed it would be a "fix-it" ticket. However, Officer Ryan immediately became accusatory that I was on druqs or alcohol. I told him that I was not on druqs, and don't ever do druqs. As a condition of my employment I underqo routine druq screening. I had not been drinkinq either and told. him so. When he commented that "They all say that," I then asked him why he was harassing me. He became incensed at this remark. In fact, when I asked Officer Ryan specifically what he was charqing me with: drugs, alcohol, or a burned out license plate l1qht, he told me to step out of the car and threatened to whip my a--. I was surprised at his remark; and I asked him if he would be taking off his badge .ince I believed this would not be sanctioned by the pOlice department. 7 of 9 OCT 1 0 1995 ITEM 10 . Further, because I believed he was out-of-control, I asked him to call his supervisor so that cooler heads could prevail. My father is an ex-police otticer, and he had told .e that this request was appropriate. Otficer Ryan refused .. this request; further he accused mA ot threatening an officer. I was then placed in hand cutts and arrested. Up to this point, and not until I was being transferred from a "holding" tank to jail, was I given my Miranda rights. Just prior to being transported to another location, another officer inquired of otticer Ryan whether I had been given .y rights. It was at that time that I was read my rights. Even more troubling, Officer Ryan has .isstated many of the would-be facts and circumstances of this incident in hi. report. As a result, I was wrongly charged with a felony, arrested and jailed solely, I believe, at the whim of Officer Ryan. Because ot his egregious behavior, I have been compelled to hire an attorney to represent me in court in an eftort to have all charges against me dropped. Although the telony charge was dismissed even before my arraignment, I did not know this at the outset, and the seriousness of the possibility ot a felony charge on my record was too great to ignore. In that regard, my employer had to be intormed of my court appearance, and I was told that I was at risk of termination from Pacific Bell. I sutfered embarrassment and emotional harm at the prospect ot losing my job. I was required to expend the sum of $600.00 for a bail bondsman and impound fees in the sum of $198.00, all as a result of 8 of 9 OCT 1 0 1995 ITEM 10 - Officer Ryan'. r.ckle.. behavior. Obviou.ly, hi. action. were intended to be punitive sine. th.y carri.d no 1.9al ..rit--th. felony charge was .ummarily droppe4 before my arraignment. The remaining charg. of po.....ion of alcohol by a minor should be dismi..ed .ince I ha4 no knowledae that the bottle was in the vehicle. Further, this charqe .t... from violation of my civil rights: unlawful .earch and .eizure an4 i. -fruit from the poison tree." Officer Ryan'. .tatement in the polic. r.port alleging that I knew the bottle was under the seat i. untru.. I respectfully request that my cost. in the approximate .um of $800.00 be reimbursed. I hereby formally r.que.t ..... I trust this Claim will be given your careful consideration and that I be awarded my damages to prevent a lawsuit against the City of poway. 9 of 9 OCT 1 0 1995 ITEM 10 -