HomeMy WebLinkAboutItem 4.07 Kevin Peacock Claim (2) � lti
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING_ DATE: April 14, 1986
SUBJECT Claim submitted April 1, 1986 on behalf of Kevin
Peacock
EXHIBITS ATTACHED Claim Form
RECOMMENDATIO \ eny the claim and direct Staff to notify the claimant
and the insurance carrier.
FINANCIAL STATEMENT: Claim alleges $30, 000 in damages for loss of freedom,
defamation and alleged severe emotional distress .
DESCRIPTION On April 1, 1986, the City received a claim submitted
on behalf of Mr . Kevin Peacock.
The claim alleges wrongful detention and arrest of Mr. Peacock. The
claimant requests $30, 000 in damages as a result of loss of freedom,
defamation and severe emotional distress . The incident occurred during the
period in which the City was covered by liability insurance . The claimant
was detained at Alameda County Juvenile Probation Detention Center.
Staff recommends that the City Council deny the claim and direct Staff to
advise the claimant and insurance carrier -of this action.
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COPIES TO: Kevin Peacock
c/o Leslie Krebs, Attorney
Insurance Broker
ITEM NO. + City Attorney
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CLAY-4 AGAINST THE CITY OF DUBLI 1
Control No e r
(Office Use only)
'ame of Claimant: PEACOCK, KEVIN _
.cIdress of Claimant• c/o LAW OFFICES OF LESLIE R. KARLSTROM-KREBS
and Notices to• 2258 THIRD STREET, LIVERMORE, CA. 94550
)a to and Dime of Occurrence; On or about 1-28-86 to and through 2-21-86
,lace of Occurrence-: (Provide detailed diagram describing exact location,
.ncluding physical landmarks or distinguishing land features, if appropriate. )
1-28-86: Wrongful detention and arrest' of claimant at Village High School, Dublin, Ca.
1-28-86 through 2-21-86: Wrongful detention/custody of claimant at Juvenile Hall, San Leandro,C
:ircumstances of Occurrence: (If an accident, describe physical conditions
urrounding :occurrence, such as ;weather, road and traffic conditions, etc.)
On or about 1-28-86 claimant was unlawfully detained and arrested by the Dublin Police for
lleged possession of a controlled substance. Claimant was subsequently taken into custody
rom the- eri d of 1-28-8 9-21a-lqS6, di7rino whirh time hp w2q held of- Tirrpnilp
.all in San Leandro, Ca. Notwithstanding the public defender's request that claimant be released
ending disposition of thQ char 2e, Juvenile , r
n 2-21-86, claimant's father received a phone call from Juvenile Court, notifying him that' a re-
estinQ of the substance determined that there was no controlled substance. and that the
harge against claimant was dismissed. Claimant was thereupon released.
ist names, addresses and phone numbers of any witnesses:
Claimant, Claimant's Parents: . Norman and Doris Pear-ock, and other witnesses
unascertained at this time.
ascription of Damage or Loss: Claimant was wrongfully and unlawful 1 y r1rrPct-Pd fnr
lleged possession of a controlled substance. Based on this charge, claimant was held in custody
or a period of 25 (twenty five) days pending resolution of the charge. It was ultimat-Ply
etermined that there was no controlled substance at bar. Claimant suffered loss of freedom,
efamation. and severe emQtional distress. as dirt his parPntc_
anic and Department of Involved City Employee (if any) :
Dublin Police Officers, -names unknown
otal Amount Claimed: $30,000.00 Breakdown of Amount Claimed:
$1,200 per day ($50 hrly) for each and every day of unlawful custody.
sled: 3-31-1986 Signed: Z?
Attorney for Peacock
.tye: A claim relating to a cause of action for death or for injury to person or to personal
-operty or grcwing crops shall be presented not later than the 100th day after the acrual
the cause of action. A claim relating to any other, cause of action shaU be presented not
ter than one (1) year after the accrual of the cause of action.
W-nen a claim that is ieT'ared to be presentsd not Jater than the 1ppth day ,after the
-11,31 of the Cause of action is not presented within such time, a writtea application may
mzule to the City Council for leave to present such claim. nie application shall be pre-
ited within a reasonable time not to exceed one (1) year after the ac= of the cause
a,cti.on and shill state the reason for the delay in presenti.ng the claim. -The proposed
din shall be attached to the application.