Item 10 - Denial of Claim
- \GENDA REPORT SUMMARY
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...'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.
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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
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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
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. �IIty off Powey � � �_. � 4 D t
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CWAA AGAINST THE CfTY OF`POWAY ��,__ .._
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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
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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
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