Caree Annette Harper SBN 219048
LAW OFFICES OF CAREE HARPER
100 Wilshire Blvd. Suite 700
Santa Monica, CA 90401
Tel. (213) 386-5078
Email: [email protected]
Attorneys for Claimants CITY CLERK RECEIVED 2022 FEB 24 PM 12:46 CITY OF RIALTO
CLAIM FOR DAMAGES
"SJ" by & through Guardian ad GOVERNMENTAL TORT CLAIM
PURSUANT TO CA. GOVT. CODE
Litem LASHAY GRAYES; et. al., SECTION 910 ET.SEQ.
Claimants,
V.
CITY OF RIALTO, COUNTY
OF SAN BERNARDINO and does
1-10, individually and in their
official capacities.
Respondents.
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910 CLAIM FOR DAMAGES - 1
TO THE CITY OF RIALTO AND/OR ITS REPRESENTATIVES:
PLEASE TAKE NOTICE that Claimants hereby give notice of their claims for damages against the City of RIALTO ("CITY") & its employees for the
ASSAULT, BATTERY, CHILD ABUSE AND CORPORAL PUNISHMENT
of Minor "SJ" who was thrown down, choked and injured by Rialto Police officers (believed to be Ivan Delgadillo and Officer Zamora).
CLAIMANTS NAME(s):
A. "SJ" A Minor
B. LASHAY GRAYES G.A.L. & Mother of "SJ"
C. DEMETRIO JENNINGS Individually, Father of "SJ"
II. CLAIMANTS' CONTACT INFORMATION:
Caree Annette Harper
Law Offices of Caree Harper
100 Wilshire Blvd. #700
Santa Monica, CA 90401
Tel.: (213) 386-5078
III. ADDRESS TO WHICH ALL NOTICES ARE TO BE SENT:
Law Offices of Caree Harper, 100 Wilshire Blvd. #700
Santa Monica, CA 90401.
IV. DATE, TIME, & LOCATION OF INCIDENT:
February 11, 2022
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910 CLAIM FOR DAMAGES - 2
V. NAME OF PUBLIC EMPLOYEE(S) BELIEVED TO HAVE CAUSED
INJURY OR DAMAGE:
-False arrest/ imprisonment;
-cruel and unusual punishment;
-Conspiracy,
VI. DESCRIPTION OF INCIDENT:
The incident took place on Friday February 11, 2022. Minor was riding a homemade motor bike (common to the area when two officers initiated a traffic stop. Minor pulled the bike over and responded to questions. Cop 1 asked minor:
"What are you??"; "Are you a boy or a girl?" Minor replied that she was a girl and complied with their instructions to sit on the curb. Minor was told that they would cite and release her to her father and during the contact the minor provided her name and DOB. One officer discussed minor's helmet at which time she removed it. Discussions declined and officers changed their minds about citing and releasing her although her father eventually responded to the scene.
The training/ takedown officer threw the Minor to the ground while she was requesting someone call her family. She feared for her life after the unnecessary takedown and tried to defend herself against the unlawful/ excessive use of force.
He then choked her and put a knee on her chest and midsection causing her to lose her breath. Officers ignored her screams about her previously dislocated shoulder.
The takedown officer then choked the minor.
The Rialto Police and San Bernardino County Sheriffs then caused the minor to be incarcerated for four days.
VII. DESCRIPTION OF CLAIM:
Claimants allege that the conduct of an individual employee, agents and/or servants of the CITY and COUNTY constitutes federal and State constitutional 910 CLAIM FOR DAMAGES - 3
violations, which include battery on a child, assault, false imprisonment, negligence, negligent hiring, and intentional infliction of emotional distress, and negligent infliction of emotional distress and civil code violations 52.1 and 51.7.
Claimants allege that individual employees, agents and/or servants of the CITY and COUNTYare responsible for Claimant's injuries, and acts and/or omissions committed within the course or scope of employment under the theory of respondeat superior. Respondeat superior liability includes but is not limited to, negligent training, supervision, control and/or failure to discipline or ratification of misconduct. The CITY of RIALTO, and COUNTY OF SAN
BERNARDINO and DOES 1-10, and/or each of them, individually and/or while acting in concert with one another are jointly and severally liable.
Claimants allege that the assault included, but was not limited to, conduct causing claimant to reasonably fear a harmful offensive touching upon SJ's person.
Claimants allege that battery included, but was not limited to, conduct resulting in a harmful offensive touching upon claimant's person in a manner foreseeable and likely to cause injury.
Claimants allege that negligence included, but was not limited to, breach of duty upon failing to exercise due care by placing claimant at risk of serious physical injury.
Claimants allege that negligent hiring included, but was not limited to, breach of duty upon failing to exercise due care by hiring individuals likely to cause physical injury to citizens while acting under color of law in an official capacity.
Claimants allege that negligent infliction of emotional distress included, but was not limited to, the failure to use reasonable care to avoid causing emotional distress to another individual. The negligent conduct resulted in Claimants physical mental injuries.
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Claimants allege that intentional infliction of emotional distress included, but was not limited to, outrageous acts or omissions with the intent to causing emotional distress to another individual. The intentional conduct resulted in Claimants physical injuries.
Claimants allege that intentional conduct were violation of the claimant's constitutional rights as provide in civil code sections 52.1 and 51.7.
Claimants allege as discovery continues that there may be other violations and the claim shall be amended as necessary.
VIII. DESCRIBE INJURY OR DAMAGE:
Claimant "SJ" suffered severe physical injuries.
Claimants have, or may have in the future, claims for general damages, including, but not limited to, claims for physical pain and injuries arising from officers' violent conduct. Officers' conduct has caused severe physical injuries, suffering, emotional distress and mental anguish.
Claimants may have and/or may continue to have in the future, claims for special damages, including, but not limited to, claims for medical and related expenses, future lost wages, damage to career, damage to educational pursuits, damage to property and/or other special damages in amounts to be determined according to proof.
Claimants may have, and/or may continue to have in the future, damages for permanent mental injuries, permanent mental scarring and/or other psychological disabilities in an amount according to proof.
VIV. DEMAND FOR PRESERVATION OF EVIDENCE:
Claimants do hereby demand that the CITY and COUNTY including, but not limited to, the RIALTO Police Department, Sna Bernardino Sheriff's Department; the District Attorney's Office and the County hospitals SJ was taken 910 CLAIM FOR DAMAGES - 5
to and their employees, servants and/or attorneys, maintain and preserve all evidence, documents and tangible materials which relate in any manner whatsoever to the subject matter of this Claim, including until the completion of any and all civil and/or criminal litigation arising from the events which are the subject matter of this Claim. This demand for preservation of evidence includes, but is not limited to, a demand that all public safety entities preserve all tapes, logs and/or other tangible materials of any kind until the completion of any and all civil and criminal litigation arising from the subject matter of this claim. x. AMOUNT OF CLAIM:
This claim is in excess of $25,000. Jurisdiction is designated as "unlimited" and the jurisdiction is in the United States District Court and/or Superior Court of the State of California for the County of San Bernardino, CA.
DATED: 2/21/22 LAW OFFICES OF CAREE HARPER
By: Carte Harper
Attorney for Claimant
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PROOF OF SERVICE
On the date set forth below, I caused to be served the following document:
CA GOVT. CODE SECTION 910 CLAIM FOR DAMAGES
By placing a true and correct copy of the same in a U. S. Postal Box with correct postage addressed to:
RIALTO CITY CLERK'S OFFICE
90 W. Rialto Ave.
Rialto, CA 92376
VIA FED EX
San Bernardino County Clerk
222 W. Hospitality Ln
San Bernardino, CA 92415
VIA FED EX
I DECLARE UNDER THE PENALTY OF PERJURY UNDER THE LAWS
OF THE UNITED STATES FOREGOING IS TRUE AND CORRECT.
DATED: 2/21/22
910 CLAIM FOR DAMAGES - 7
TO REUSE: Mark through all previous shipping labels and barcodes.
SHIP DATE: 22FEB22
LAW OFFICES ACTWGT: 20 LB
OF CAREE HARPER CAD: 6992539/SSF02300
100 WILSHIRE BLVD. SUITE 700
Part # 156297-435
UNITED ONICA: CA 90401 SANTA MONICA,
BILL CREDIT CARD
RIALTO CITY CLERKS OFFICE
RRDB2
90 W RIALTO AVE
RIALTO CA 92376
(000) 000-0000
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