CITY OF RIALTO CITY CLERK'S DATE STAMP
LIABILITY CITY OF RIALTO
CLAIM FOR DAMAGES 2022 JAN 18 PM 3:55
TO PERSON OR PROPERTY
RECEIVED
CITY CLERK
1. Claims for death, injury to person, or to personal property must be filed not later than six (6) months after the occurrence (Gov. Code §911.2).
2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code §911.2).
3.READ ENTIRE CLAIM FOR BEFORE FILING RETURN TO:
4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS Rialto City Clerk's Office Mail: 150 S. Palm Ave., Rialto, CA 92376
Address: 290 W. Rialto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
Gerald Robert Thomas
FULL NAME -
DATE OF BIRTH
c/o Harris Grombchevsky LLP
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO. 2070 Business Center Dr., Suite 285, Irvine, CA 92612 1949, 387-4444 BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE Harris Grombchevsky LLP (address above)
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above):
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: 8/11/2021 and prior thereto TIME: • AM O PM
2. PLACE OF ACCIDENT (OCCURRENCE) BE SPECIFIC - Describe fully and (if applicable) locate on diagram on reverse side of this sheet.
Where appropriate, give street names and addresses, measurements and landmarks.
See attached sheets.
3. HOW DID DAMAGE OR INJURY OCCUR?
See attached sheets.
4. WERE POLICE AT THE SCENE? * YES •NO WERE PARAMEDICS AT THE SCENE? • YES • NO
5. WHAT PARTICULAR ACT OR OMISSION DO YOU CLAIM CAUSED THE INJURY OR DAMAGES? Give the name of the city/town employee causing the injury or damage, if known.
See attached sheets.
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ 1,000,000 + HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE:
Item/Date: Emotional distress/injuries/damages Amount: $_ Item/Date: Amount: $_
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $- ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Item/Date:
Amount: $_
Item/Date:
Amount: $_
TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES: $
7. WITNESSES TO DAMAGE OR INJURY List all persons known to have information (attach additional pages, if necessary) NAME: See attached sheets.
NAME:
ADDRESS:
ADDRESS:
TELEPHONE: _)
TELEPHONE: )
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME:
NAME:
ADDRESS:
ADDRESS: —
TELEPHONE: (
TELEPHONE: L
DATE: TIME: • AM • PM
DATE: TIME:
L AM • PM
9. PLEASE READ THE FOLLOWING CAREFULLY:
For all vehicle accident claims, place on the following diagram, the names of streets, including NORTH, EAST, SOUTH AND WEST directions. Indicate place of accident by "X" and by showing house numbers or distances to street corners If a city/town vehicle was involved, designate by letter "A" location of the City/Town vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City/Town vehicle; location of City/Town vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X".
→ NOTE: IF THE DIAGRAM BELOW DOES NOT FIT THE SITUATION, PLEASE ATTACH A PROPER DIAGRAM SIGNED BY THE GLAIMANT. 2022
JAN
CITY CLERK RECEIVES CITY OF RIALTO
CURB
PH
13:
PARKWAY
SIDEWALK
I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF; AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO HOSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF; AND AS TO THOSE MATTERS I BELIEVE THEM TO BE TRUE.
OM GERTLYIOR DEGLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIGNATURE OF CLAIMANT OR AGENT
Darren M. Harris 1/13/2022
TYPE OR PRINT NAME DATE
Attorney
RELATIONSHIP TO CLAIMANT
NOTE: PRESENTATION OF A FALSE CLAIM IS A FELONY (CA PENAL CODE 72) RETURN CLAIM TO: RIALTO CITY CLERK'S OFFICE - 150 S. PALM AVE., RIALTO, CA 92376
CITY OF RIALTO LIABILITY CLAIM FOR DAMAGES TO PERSON OR PROPERT 200
(ATTACHMENT SHEETS)
Gerald Thomas was arrested on October 1, 2020 by members of the City of Raig CLI -VAN 18 PM 3: CITY OF RIALTO Police Department. From October 1, 2020 until August 11, 2021, Mr. Thomas was falsely arrested and imprisoned for crimes that he did not commit, including attempted? murder. Despite evidence that Mr. Thomas did not commit these crimes, Mr. Thomas remained incarcerated for over nine (9) months in San Bernardino County.
At all relevant times, the City of Rialto was the emplover of City of Rialto Police Department Detective
In his capacity as a City of
Rialto Police Detective, he was one of the detectives in charge of investigating the April 23, 2020 shooting of Jose Andres Lira and Terrance Redic. On information and belief, at all relevant times herein, was acting under the color of law within the course and scope of his duties as an officer for the City of Rialto Police Department.
Other City of Rialto employees with knowledae of this incident include Cit of Rialt Police Department emplovees
County
of San Bernardino Deputy District Attorney Evan Acker and Attorney Rajan Maline also have knowledge of this incident.
Gerald Thomas was incarcerated for over 9 months for attempted murder and other serious charges but was factually innocent. Mr. Thomas maintained his innocence the entire time he was incarcerated. City of Rialto employees, including but not limited to Detective acted with a deliberate indifference to or reckless disregard for Mr.
Thomas's rights for the truth in withholding evidence from prosecutors, and/or for the right to an eyewitness identification free from improper suggestion, for an investigation free of active concealment of material facts, and/or for the right to due process of law.
Tammerion High was the actual shooter. There was no murder weapon or other physical evidence implicating Gerald Thomas. City of Rialto employees, including but not limited to Detective deliberately failed to investigate cell phone placement and DNA identification. (Subsequent cell phone data location and DNA actually supported Mr. Thomas's factual innocence).
On September 30, 2021, San Bernardino County Superior Court Judge Mary E. Fuller granted a Petition to Seal and Destroy Arrest Records relating to Mr. Thomas under Penal Code §851.8, finding that Mr. Thomas was factually innocent of the crimes charged. New charges were filed against Tammerion High. On information and belief, High has since pled guilty to attempted murder and is in custody.
As a direct and proximate result of the aforesaid acts, omissions, customs, practices, policies and decisions of City of Rialto employees, Thomas has suffered great mental and physical pain, suffering, anguish, fright, nervousness, anxiety, shock, humiliation, indignity, embarrassment, harm to reputation, and apprehension, which have caused him to sustain damages in a sum to be determined.
Mr. Thomas' claims for damages include but are not limited to: Deprivation of Civil Rights - Arrest without Probable Cause (42 U.S.C. § 1983); Conspiracy to Interfere with Civil Rights - Arrest without Probable Cause (42 U.S.C. § 1983); Deprivation of Civil Rights - False Evidence Violations (42 U.S.C. § 1983); Conspiracy to Interfere with Civil Rights - False Evidence Violations (42 U.S.C. § 1983); Deprivation of Civil Rights - Fabrication of Evidence (42 U.S.C. § 1983); Deprivation of Civil Rights - Violation of and Deliberate Indifference to Constitutional Rights in Refusal to Investigate Evidence Demonstrating Mr. Thomas' Innocence (42 U.S.C. § 1983); Conspiracy to Interfere with Civil Rights - Refusal to Investigate Evidence Demonstrating Mr. Thomas' Innocence 142 US. S1983); Deprivation of Civil Rights - Monell Violations (42 U.S.C. § 1983); Malicious Prosecution (California Common Law and 42 U.S.C. § 1983); False Arrest/False Imprisonment; and Negligence.
LAw FIRM $0.53. US POSTAGE
SANTA ANA CA
HARRIS- FIRST-CLASS
JAN 13-2022
HG 14 JAN 2022 PM 7 L Mailed from ZIP 92612
GROMBCHEVSKY
CITY OF RIALTO
2022 JAN 18 PM 3: 55
standicia •A1-0002
2070 BUSINESS CENTER DRIVE, SUITE 285
IRVINE, CALIFORNIA 92612 RECEIVED
CITY CLERA
Rialto City Clerk's Office
150 S PALM AVE
Rialto CA 92376-6406