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HomeMy WebLinkAbout4.06 Dennis Herrington Claim 00 - �O CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: April $, 19$5 SUBJECT Claim of Dennis L. Herrington EXHIBITS ATTACHED Claim RECOMMENDATION Deny claim and notify insurance carrier and claimant FINANCIAL STATEMENT: Amount of claim - $10,000 DESCRIPTION Dennis L. Herrington has filed a claim against the City in the amount of $10,000 , alleging false arrest . It is Staff ' s recommendation that the City Council deny the claim and notify both the claimant and the City ' s insurance carrier. ---------------------------------------------------------------------------- COPIES TO : Mark A. Kliszewski , Attorney 211 Joaquin Avenue ITEM NO . "7'`, tai San Leandro , CA 94577 Ben Fernandez , Cooper MCKen--ie Murphy R 2 C EIVED APR 31985 Cl'iY OF DUBLIN 1 Crli AGAINST CITY OF DUBLIN 2 NAME OF CLAIMANT: DENNIS L. HERRINGTON 3 ADDRESS OF CLAIMANT: 8600 Edenberry Place 4 Dublin, CA 94568 5 SEND NOTICE TO: MARK A. KLISZEWSKI, Attorney 211 Joaquin Avenue 6 San Leandro, CA 94577 7 DATE OF OCCURENCE: January 22, 1985 8 PLACE OF OCCURENCE: County of Alameda 9 CIRCUMSTANCES OF OCCURENCE: Due to an administrative error by the City of Dublin, a warrant for claimant's arrest was 10 issued in October or November, 1984. Claimant was served by mail with said warrant on or about 11 November 29, 1984. Claimant called the Traffic Division for the Livermore-Pleasanton 12 Judicial District on or about December 3, 1984, and was told by a county employee that said 13 administrative error would be corrected. On or 14 about January 22, 1985, claimant was falsely arrested under the authority of said warrant. 15 Claimant was handcuffed, taken to Santa Rita, and detained in a holding cell with numerous oth r 16 arrestees. As a result of the City of Dublin's administrative errors, claimant was jailed, con- 17 fined, humiliated, embarrassed, fearful for his well being, and generally mistreated by agents 18 acting on behalf of the City. 19 DESCRIPTION OF DAMAGE: Emotional, psychological, and mental stress and trauma. Expenses incurred because of the arrest 20 EMPLOYEES RESPONSIBLE: Various clerks and administrative personnel for 21 .the City of Dublin. 22 TOTAL AMOUNT CLAIMED: $10,000.00 1 23 BREAKDOWN OF AMOUNT CLAIMED: Emotional damage, various expenses. 24 25 DATED: _ APRIL_2, 19_85 MA A. KLISZEW I 26 Attorney for Plaint f MARK A. KLISZEWSKI ATTORNEY AT LAW 211 JOAQUIN AVENUE SAN LEANDRO. CA 94977 (415) 493.2040 1 PROOF OF SERVICE BY MAIL (1013a, 2015 . 5 C .C.P . ) 2 3 STATE OF CALIFORNIA, COUNTY OF ALAMEDA 4 I am a citizen of the United States and a resident of the County 5 aforesaid; I am over the age of eighteen years and not a party 6 to the within entitled action; my business address is 211 Joaquin 7 Avenue , Suite G, San Leandro, California. On April 2, 1985 , 8 I served the within 9 CLAIM AGAINST CITY OF DUBLIN 10 11 12 on the Parties in said action , by placing a true copy thereof 13 enclosed in a sealed envelope with postage thereon fully prepaid, 14 in the United States mail box at San Leandro, California, 15 addressed as follows: 16 Attention: City Clerk 17 City of Dublin 6500 Dublin Blvd. 18 1 Dublin, CA 94566 19 20 21 j 22 1 23 24 I declare, under penalty of perjury that the foregoing is true 25 and correct. Executed on April 2. 1985 , at San Leandro , 26 I� California. HARK A. KLISZEWSKI ATTORNEY AT LAW 211 JOAQUIN AVENUE SAN LEANORO. CA 94577 14151 4034040