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Claim - Eddie Parker_Redacted.pdf

Rialto City Council
August 26, 2025

Document
Claim - Eddie Parker_Redacted.pdf
Meeting
August 26, 2025
Body
Rialto City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

CITY CLERK'S DATE STAMP

CITY OF RIALTO

LIABILITY CITY OF RIALTO
CLAIM FOR DAMAGES 2025 AUG 13 PM 2: 01

TO PERSON OR PROPERTY
CITY CHERi

1. Claims for death, injury to person, or to personal property must be filed not later than six (6) months affer 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 5911.2. RETURN TO:

3. READ ENTIRE CLAIM FOR BEFORE FILING Rialto City Clerk's Office Mail: 150 S. Palm Ave., Rialto, CA 92376

4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS Address: 290 W. Rialto Ave., Rialto, CA 92376 CLAIMANT INFORMATION:

Eddie Parker

DATE OF BIRTH

FULL NAME

HOME TELEPHONE NO

HOME ADDRESS INCLUDING CITY, STATE & ZIP
BUSINESS TELEPHONE NO.

BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP

ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE

NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above):

1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: 3/17/25 TIME: 10:10 I AM • 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 attachmew

3. HOW DID DAMAGE OR INJURY OCCUR?,
see afterhmet

4. WERE POLICE AT THE SCENE? #YES NO WERE PARAMEDICS AT THE SCENE? DYES 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 attachmen

6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ 1,000,000.00 HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.

DAMAGES INCURRED TO DATE:

Amount: $_
Item/Date:

Amount: $.

Item/Date:

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 krown to have information (attach additional pages, if necessary) NAME: NAME:

ADDRESS: ADDRESS:

TELEPHONE: L 1 TELEPHONE: L1

8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:

NAME: MAME:

ADDRESS: ADDRESS:

TELEPHONE: L) TELEPHONE: L)
DATE: TIME:

DATE: TIME: • 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 comers.

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 CLAIMANT.

CURB

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 THOSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF; AND AS TO THOSE MATTERS I BELIEVE THEM TO BE TRUE - I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. opera

SIGNATURE OF CLAIMANT OR AGENT
Orlando Arias- Pulido 8-13-25

TYPE OR PRINT NAME DATE
Party

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

ORIGINAL

CLAIM FOR DAMAGES
(CITY OF RIALTO;

RIALTO POLICE DEPARTMENT,
RIALTO POLICE OFFICERS VILLASENOR, ANDREW and K. GREEN) Government Code Section 910.4
CITY OF RIALTO;

RIALTO POLICE DEPARTMENT,
RIALTO POLICE OFFICERS VILLASENOR, ANDREW and
K. GREEN
CITY CLER RECEIY: 2025 AUG 13 PH
FROM: CITY OF RIALTO
LAW OFFICE OF JAMES P. GUTIERREZ
301 W. MISSION BLVD., # 8
POMONA, CA 91766 2: 02
(909) 791-1313
CLAIMANTS:

EDDIE PARKER
INJURY/DAMAGES:

EMOTIONAL AND PHYSICAL DISTRESS; MEDICAL EXPENSES; ATTORNEY FEES; PUNITIVE DAMAGES; GENERAL DAMAGES.

AMOUNT CLAIMED:

To Exceed $1,000,000.

DATE OF INCIDENT: March 17, 2025
TIME OF INCIDENT: Approximately 10:10 a.m.

LOCATION OF INCIDENT: 107 E Arbeth St, Rialto, CA 92377 CLAIMS AGAINST:
(CITY OF RIALTO;

RIALTO POLICE DEPARTMENT,
RIALTO POLICE OFFICERS VILLASENOR, ANDREW and K.

GREEN)
STATEMENTS OF FACTS:

On the morning of Monday, March 17, 2025, at approximately 10:10 a.m., the Claimant, Eddie Parker, encountered significant difficulties while attempting to access his vehicle. The Claimant's car, which he uses for daily transportation, had unexpectedly become inoperable.

The key was not functioning properly, and after several unsuccessful attempts to unlock the doors, he determined that the vehicle's battery was dead. This created an additional complication because the battery was located in the trunk, which could not be accessed without first unlocking the main doors.
3 Faced with this problem, the Claimant decided to contact AAA for roadside assistance. While waiting for their arrival, he attempted to use a screwdriver to manually open the vehicle, as it was parked in a public area near his residence. His intent was solely to gain entry to his own property so he could address the battery issue.

While he was working on the vehicle, Rialto Police Officer Andrew Villasenor arrived at the location. According to Officer Villasenor, he had been dispatched after receiving a report of a possible car break-in in progress. Upon approaching, Officer Villasenor began questioning the Claimant about the vehicle, its ownership, and his actions. The Claimant explained that it was his car, described the mechanical problem, and noted that AAA was already on the way to assist him.

Shortly thereafter, a second officer, Officer K. Green, arrived as backup. Without providing the Claimant an opportunity to produce proof of ownership or further clarify the situation, Officer Green physically grabbed the Claimant by the legs and arm. Officer Villasenor simultaneously took hold of him from another side. The two officers forced the Claimant to the ground and placed him in handcuffs.

While the Claimant was restrained and seated near the door of a patrol car, a supervising sergeant arrived and began speaking with the officers. During this time, a passing neighbor recognized the Claimant and verbally confirmed to the officers that the vehicle belonged to him. Additionally, the Claimant's girlfriend came outside and reiterated the same information. Despite these witness statements, the officers informed the Claimant that he was under arrest for felony PC 69 (resisting or deterring an executive officer) Due to the force used during the arrest, the Claimant sustained injuries to his shoulder, neck, and knee. Emergency medical personnel transported him to a local hospital for evaluation.

He was diagnosed with a sprained shoulder and knee and referred for physical therapy to address ongoing neck pain.

Following medical treatment, the Claimant was booked into San Bernardino County Jail, where he was held for three days. His only prior criminal history consisted of a misdemeanor driving violation in 2015. The Claimant requested a trial, but the court dismissed the case on the same day it was filed.

The incident caused the Claimant physical pain, emotional distress, and financial inconvenience. He continues to receive therapy for his injuries and maintains that the arrest was unjustified, particularly given the corroborating witness accounts confirming his lawful presence and ownership of the vehicle.

CONTENTIONS OF THE CLAIMANTS:

Civil Rights violations and;

1. Negligence

2. Intentional Infliction of Emotional Distress

3. Negligent Infliction of Emotional Distress

4. Violation of Bane Act (Civil Code Section 51.7)

5. Violation of Government Code Section 845.6

6. Assault

7. Battery

8. Municipal Liability - 42 U.S.C. § 1983
3 9. Cruel and Unusual Punishment - 8th Amendment & 42 U.S.C. § 1983

10. Failure to Prevent Violation of Civil Rights - 42 U.S.C. § 1983

11. Violation Substantive Due Process - 42 U.S.C. § 1983 INJURY/DAMAGES: GENERAL DAMAGES; PUNITIVE DAMAGES; ATTORNEY FEES

SEND INQUIRIES/

CORRESPONDENCE
TO CLAIMANT'S 2025 AUG 13
CARE OF: Law Offices of James P. Gutierrez
301 W. Mission Blvd., # 8
Pomona, CA 91766
(909) 791-1313 50
DATED: 8/12/2025
James P. Segall-Gutierrez, Esq.

Attorney for Claimant (s)

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