HomeMy WebLinkAboutItem 4.05 George Filstead Claim (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 13 , 19$6
SUBJECT Claim submitted on behalf of George W. Filstead and
David C . Filstead
EXHIBITS ATTACHED Copy of Claim Form Submitted
RECOMMENDATION ` Deny the claim and notify the City ' s Insurance Carrier
and Claimant .
FINANCIAL STATEMENT: Amount of Damages - Approximately $3 ,088 plus an
unspecified amount of general damages for pain and
suffering. Claimants also seek $500,000 in punitive
damages . _
DESCRIPTION The City of Dublin has received a claim submitted on
behalf of George and David Filstead.
The claim alleges property damage , physical injury, and emotional trauma
caused by Dublin Police Services personnel .
Staff recommends that the City Council deny the claim and advise the City ' s
Insurance carrier and the claimant .
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COPIES TO : George & David Filstead
c/o Leslie Karlstrom-Krebs
ITEM N0. + Ben Fernandez , Insurance
Broker
...... ._. 7
` CLA—` AGAINST THE CITY OF DUBL"
, HIV'
GEORGE GITf T TAM FILS,TEAD
lame of Claimant: CHARL
DAVID ES FILSTEAD (Office Use Only
,ddress of Claimant• c/o LAW OFFICES OF LEST R. KARL.SMI-KREQS, 2258 Third Street, Livermore, Ca. 94550
,und Notices to: SAME AS ABOVE
is to and !rime of Occurrence: 10-31-1985 and 11-1-1985, respectively
lace of Occurrence-:' (Provide detailed diagram describing exact location,
.ncluding physical landmarks or distinguishing land features, if appropriate. .
1) 10-31-1985 incident: Claimant's residence in Dublin, California.
2) 11-1-1985 incident: Dublin Police Department, Dublin, California.
:ircumstances of Occurrence: (If an accident, describe physical conditions
surrounding occurrence, such as weather, road and traffic condLions, etc. )
.) 10-31-1985: On Halloween night, two police officers, one of whom worked for the Dublin Police Department, vandalized
Jaimants' car and residence by dumping paint on claimants' porch, garage, driveway, fence and car. One of the officers
ras wearing a skeleton costiune. After darnaging claimants' properties in an amount exceeding ee thousand
lllars), the two officers sped away in their unmarked police car.
!) 11-1-1985: Claimants went to the Dublin Police Department to file a complaint on the previous night's vandalism. Having
i e car in the Dublin Police
•egarding their suspicions of the suspects' identities. Thereupon, the Police Chief took claimants into a back office
There he personally shoved, beat, choked and kicked GEORGE W. FILSTIAD to the floor before being physically restrained by
ether police officers. Claimants were detained in said office before being released.
ist names, addresses and phone numbers of any witnesses:A.10-31-85: Claimants _
1-1-1985: Claimants, Sgt. De Franco, Deputy Naugle, Dublin Police Department Secretary, 17porter trom, the 'lii-Valley
Jerald (Mike Myslinski), and other witnesses currently unknown.
e s c r i p t ion of Damage or Loss: 1) 10-31-1985 incident: Property Dana e to car and residence exceedin
3,000.00 (three thousand dollars). 2) 11-1-1 Serious physicai injury anct trauma to ciaimaint
n and about his body, particularly to his lower back region. The extent and nature of said personal injuries is
urrent y own as claimant continues to receive tri-weekdy therapy and prescriptions tor continuing pain an
njury to his back. Emotional trauma of claimant DAVID C. FILSIM in being subjected to the violent assault on his
rother, and subsequent detention of claimants.
ame and Department of Involved City Employee (if any) :
0-31-1985: Sgt. GARY R. NELSON and LT. WALTER M. OORDON
1-1-1985: DUBL N POLICE CHEF CAPTAIN THOMAS P. SHORES
oral Amount Claimed: See below Breakdown of Amount Claimed:
SPECIAL DAMAGES: Vehicle repair: $1,588.40; Residence damage: $1,500.00; Medical costs to date: Approximately
$4,900.00 (includes x-rays, traction, prescriptions, ongoing tri-weekly therapy sessions since 11-1-1985)
GENERAL DAMAGES/PAIN AND SUFFERING: Unascertained since constant and continuing and disability nature unknown
;.
PUN TIM DAMAGES: 1) 10-31-1985: $100,000.00 (One hundred thousand dollars) as to each officer
2) 11-1-1985: $300,000.00 (Three hundred thousand dollars)/,as Police ef l /J
a Led: 1-6-1986 Signed: ' �?. �Co-•%L cam-,-� ;tee
LESLIE R. KARLSIRCM-KREBS, attorney
)Le. A claim relating to a cause of action for death or for injury to person or to personal
'operty or growing crops shall be presented not later than the 100th day after the accrual
the cause of action. A claim relating to any other cause of action shalt be presented not
ter than one (1) year after the accrual of the cause of action.
Men a claim that is required-tro be presented-not-later than th6'100th aaay after the
'"al of the cause of action is not presented within such time, a writte;i application may
made to the City Council for leave to present such claim. r1he application shall be pre-
med within a reasonable tines not to exceed one (1) year after the ao=ual of the cause
action and stall state the reason for the delay in presenting the claim. The proposed
Lim stall be attached to the aypp11 ti on.