CITY OF RIALTO
CURD, GALINDO & SMITH, L.L.P. 2026 AUG 25 PM 4: 01
1 ALEXIS GALINDO SBN 136643
[email protected]
MAXIMILIANO GALINDO SBN 328187 RECEIVED
CITY CLERK
[email protected]
3 301 East Ocean Boulevard, Suite 1700
Long Beach, CA 90802
Telephone: (562) 624-1177
Facsimile: (562) 624-1178
5 Attorneys for Claimant
6 700 SYLVESTER SEENEY
8 GOVERNMENT TORT CLAIM
Long Beach, CA 90802 Ph: (562) 624-1177 Fx: (562)624-1178 Curd, Galindo & Smith, TO:
301 E. Ocean Boulevard, 10
VIA EMAIL cityclerk @rialtoca.gov & FED EX
CITY OF RIALTO
12 City Clerk's Office
13 Barbara McGee
14 City of Rialto
150 S. Palm Avenue
Rialto, CA 92376
(909) 820-2519
18 19
In re Government Tort Claim of
20 SYLVESTER ARMAND SEENEY -
21 22
The following letter shall serve as formal notice of a Government Claim in accordance with Government Code, Section 911 et seg.
24 The Claimant: SYLVESTER ARMAND SEENEY
25 Home Address: The Claimant may be contacted through his counsel:
Home Telephone Number:
27 Legal Representative:
28 1
Government Tort Claim
1 Alexis Galindo
2 Maximiliano Galindo
3 CURD, GALINDO & SMITH
4 301 E. Ocean Blvd., Ste 1700
5 Long Beach, CA 90802
Date of Injury: 03/21/2026 @ 22:07
Jurisdiction:
Suite U.S. District Court/Central District of California 8 Long Beach, CA 90802 Ph: (562) 624-1177 Fx: (562)624-1178 Unlimited jurisdiction, Superior Court/ County of San Bernardino Curd, Galindo & Smith, L.I
301 E. Ocean Boulevard, 10
11 Amount of Damages:
12 (1) Special/Economic Damages:
13 (a) Medical Bills Past & Future $ 250,000.00
14 (b) Loss of Earnings/Capacity Past & Future $ 50,000.00 15 (2) General Damages $ 2,000,000.00
16 (3) Punitive Damages $ 1,000,000.00
17 As to the Individual Officers Only
(4) TOTAL $ 3,300,000.00
19 20 Description of Injury:
Claimant, a physically disabled individual, sustained multiple Taser probe 22 penetration wounds to his chest, back, hip, and lower extremities, which required removal of the probes at the scene.
24 Claimant sustained an aggravation of his preexisting chronic lumbar spine 25 condition when he was forcibly pulled from his vehicle and thrown to the ground. 26 Claimant further sustained numbness and nerve injury to his wrist caused by 27 handcuffs applied excessively tight. Claimant also suffered severe emotional 28 distress, fear, humiliation, anxiety, and loss of enjoyment of life. 2 Government Tort Claim
1 Where Injury Occurred:
2 DUI checkpoint in the vicinity of 1743 S. Riverside Avenue, near Rialto 3 City Park, Rialto, CA
4 Act Causing the Injury & How Did Injury Occur:
5 On the day of the incident, March 21, 2026, at approximately 10:07 p.m., Claimant was driving on S. Riverside Avenue in Rialto, California, when he was directed into a DUI checkpoint operated by the Rialto Police Department. Claimant 8 is a physically disabled individual and had a handicap placard displayed on the Curd, Galindo & Smith, L.L.P. 301 E. Ocean Boulevard, Suite 1700 Long Beach, CA 90802 Ph: (562) 624-1177 Fx: (562)624-1178 9 rearview mirror of his vehicle, plainly visible to the officers as he entered the 10 checkpoint. Claimant had his driver's license and documents in hand and 11 repeatedly attempted to hand them to the officers. Officer M. Lopez, ID #02065, 12 claimed that he smelled marijuana and directed Claimant to pull to the side. 13 Officer M. Lopez, ID #02065, and Officers Doe 1 through Doe 10 of the 14 Rialto Police Department acted while in the course and scope of their employment and under color of authority as police officers for the City of Rialto. Rather than 16 following any procedure for the detention of an obviously disabled individual, the 17 officers approached Claimant's vehicle aggressively, opened his door, and 18 demanded that he exit while Claimant remained seated in the driver's seat still 19 attempting to hand over his identification. Claimant did not resist, made no 20 threatening movement, opened his bag to demonstrate to the officers that he 21 possessed no weapon and no contraband, and expressly advised the officers that he 22 was handicapped.
23 Without justification or provocation, Officer Lopez drew his Taser, threatened Claimant with it, and then discharged it against Claimant while 25 Claimant was seated in the driver's seat of his vehicle, activating the Taser 26 approximately six (6) times. The probes struck Claimant in the chest near his heart, 27 in his back and hip, and in his lower legs. Claimant was immediately incapacitated 28 and went into shock. Officer Lopez and the other officers then physically pulled Government Tort Claim
1 Claimant from the vehicle, threw him to the ground, and handcuffed him on the 2 ground with handcuffs applied excessively tight. Claimant presented no threat to the officers at any time during the incident.
4 Claimant immediately and repeatedly complained of severe back pain and 5 advised the officers that he was injured. Officers Doe 1 through Doe 10 failed to 6 intervene to stop the excessive force being used against Claimant and failed to 7 provide him with prompt medical attention. Paramedics were summoned, removed 8 the Taser probes, and transported Claimant by gurney to Arrowhead Regional Curd, Galindo & Smith, L.L.P. 301 E. Ocean Boulevard, Suite 1700 Long Beach, CA 90802 Ph: (562) 624-1177 Fx: (562)624-1178 Medical Center, where he was treated for his injuries. Testing performed that same 10 evening confirmed a blood alcohol concentration of less than 0.010 g/dl, and no 11 alcohol and no controlled substances were found in Claimant's system. No 12 cannabis was found in Claimant's vehicle.
13 Notwithstanding the complete absence of alcohol or controlled substances, 14 and notwithstanding that Claimant had committed no offense, Claimant was taken 15 into custody upon his release from the hospital and booked by the San Bernardino 16 County Sheriff's Department under Booking No. on charges of 17 Vehicle Code section 23152(g) (driving under the influence of drugs and alcohol), 18 Vehicle Code section 2800(a) (failure to obey a peace officer), and Penal Code 19 section 148(a)(1) (obstruction). Claimant was released at approximately 3:00 a.m. 20 The criminal proceedings arising from this unlawful arrest remain pending. 21 Officer Lopez and Officers Doe 1 through Doe 10 failed to report the true 22 nature of their acts and filed false police reports, falsely alleging that Claimant was 23 under the influence of alcohol or marijuana and that Claimant obstructed and failed to obey a peace officer. Officer Lopez and Officers Doe 1 through Doe 10 25 attempted to cover up and suppress the truth surrounding the subject incident by 26 filing false police reports and by initiating baseless criminal charges against 27 Claimant in order to justify their own unlawful conduct. On April 29, 2026, 28 Government Tort Claim
1 Claimant submitted a formal written complaint regarding Officer Lopez's conduct 2 to the Internal Affairs Division of the Rialto Police Department. 3 Officer Lopez., Officers Doe 1 through Doe 10, the City of Rialto and its 4 employees violated Claimant's civil and constitutional rights, including his rights to be free from unreasonable search and seizure, unlawful detention and arrest, and 6 excessive force under the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section 13 of the California Constitution. 8 Claimant is informed and believes and thereon alleges that the City of Rialto Curd, Galindo & Smith, L.L.P. 301 E. Ocean Boulevard, Suite 1700 Long Beach, CA 90802 Ph: (562) 624-1177 Fx: (562)624-1178 9 Police Department and its employees, including Officer Lopez and Officers Doe 1 10 through Doe 10, also discriminated against Claimant on the basis of his physical 11 disability, and on the basis of his race as an African-American male. Despite 12 Claimant's visibly displayed handicap placard and his express statement that he 13 was handicapped, the officers failed to make any reasonable accommodation for 14 Claimant's disability, failed to modify their practices or procedures in any respect, 15 and instead escalated to the use of a Taser and violent physical force against a 16 disabled man who was seated in his vehicle and posed no threat. 17 The City of Rialto knowingly and deliberately fostered, maintained, and 18 condoned a policy, practice and custom, or otherwise acted in a manner that was 19 deliberately indifferent to the lives, liberty, and safety of persons such as Claimant, 20 and such policy, practice, custom and/or actions were a direct and legal cause of 21 his injuries. That policy, practice, custom, and those actions included, without 22 limitation, knowingly and deliberately failing to properly train, discipline and 23 supervise employees regarding the use of force, including the use of the Taser, 24 regarding the proper procedures to be followed in detaining individuals, and 25 regarding the accommodation of individuals with known physical disabilities. 26 At the time of the violence inflicted upon Claimant by Officer Lopez and 27 Officers Doe 1 through Doe 10, the City of Rialto Police Department had in place, 28 and had ratified, policies, procedures, customs and practices which permitted and Government Tort Claim
1 encouraged its police officers to unjustifiably, unreasonably, and in violation of the 2 Fourth and Fourteenth Amendments, deploy Tasers against and use violence upon 3 individuals being detained. Said policies, procedures, customs, and practices also 4 called for the City of Rialto not to discipline, prosecute, or in any way take 5 corrective or responsive action to known incidents and/or complaints of unjustified use of force and violent acts by said officers, or the related claims and lawsuits L.L resulting from such violence. Said policies, procedures, customs, and practices 8 called for the refusal of the City of Rialto to investigate or document complaints of 301 E. Ocean Boulevard, Suite 1700 Long Beach, CA 90802 Ph: (562) 624-1177 Fx: (562) 624-1178 previous incidents of unjustified violence and, instead, officially claim that such Curd, Galindo & Smith, 10 incidents were justified and proper.
The City of Rialto's policies, procedures, customs and practices of inaction 12 and cover-up encouraged officers of the Rialto Police Department, including Officer Lopez, to believe that the unjustified deployment of a Taser, unjustified 14 beatings, and violence against individuals being detained was permissible, and 15 particularly against disabled individuals and individuals of minority groups, such as Claimant.
17 CLAIMS ASSERTED:
18 Claimant, SYLVESTER SEENEY, asserts the following State claims against the City of Rialto, Officer M. Lopez (ID #02065), and Officers Doe 1 through Doe 10:
21 Assault & Battery
22 Negligence
23 False Arrest and False Imprisonment
24 Fraud Based on False Police Reporting
25 Bane Act Violations (Civil Code section 52.1), based on coercion, threats, 26 and intimidation.
27 Disability Discrimination and Failure to Accommodate (Government Code section 11135; Civil Code sections 51, 54 et seq.).
28 6
Government Tort Claim
Intentional Infliction of Emotional Distress
2 Negligent Hiring, Training, Supervision, Retention and Discipline 3 Past Medical Treatment and Payments:
4 Arrowhead Regional Medical Center To be determined
5 Urgent Care (post-arrest) To be determined
6 Pain Management (ongoing, monthly) To be determined
7 Claimant was treated at Arrowhead Regional Medical Center on the date of the 8 incident, sought further treatment at urgent care thereafter, and continues to treat Curd, Galindo & Smith, L.L.P. 301 E. Ocean Boulevard, Suite 1700 Long Beach, CA 90802 9 monthly with his pain management physician for the aggravation of his back Ph: (562) 624-1177 Fx: (562)624-1178
10 condition and for the numbness in his wrist. Medical records and billing statements 11 are being obtained and will be provided upon request. 12 13 The conduct of Officer M. Lopez and Officers Doe 1 through Doe 10 is despicable, 14 offensive, and shocking, and as such Claimant will seek punitive damages against 15 these officers.
16 These claims are being presented in accordance with Government Code, 17 Section 910 et seq. The Claimant requests that if the claim as set forth herein does 18 not adequately notify the City of Rialto of all the claims presented, that the City of 19 Rialto request further clarification pursuant to Alliance Financial v. City and 20 County of San Francisco (June 1998) 64 Cal App4th 635; 75 Cal Rptr2d 341 and 21 Government Code, sections 910.8, 911 and 911.3.
22 23 DATED: August 19, 2026 CURD, GALINDO & SMITH, LLP 24 Is/ Alexis Galinda
25 By: Alexis Galindo
26 Maximiliano Galindo
Attorneys for Claimant
27 28
7 Government Tort Claim
CITY OF RIALTO CITY CLERK'S DATE STAMP
LIABILITY
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
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 §9112).
2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code §911.2).
RETURN TO:
3. READ ENTIRE CLAIM FOR BEFORE FILING Rialto City Clerk's Office
4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS Mail: 150 S. Palm Ave., Rialto; CA 92870* Address: 290 W: Rialto Aver, Rialto, GA92376
CLAIMANT INFORMATION:
SYLVESTER ARMAnD Sceney
FULL NAME DATE OF BIRTH
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO.
BUSINESS ADDRESS INCLUDING CITY; STATE & ZIP BUSINESS TELEPHONE NIC
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(21/26 TIME: 22:07 DAMDIPM
2. PLACE OF ACCIDENT (OCCURRENCE) BE SPECIFIC - Describe fully and (if applicable) locate on diagram on reverse side of this atect Where appropriate, give street names and addresses, measurements and landmarks. se Aacher
3. HOW DID DAMAGE OR INJURY OCCURA
see cettacked
4. WERE POLICE AT THE SCENE? EYED EI NO WERE PARAMEDICS AT THE SCENE? DYESONO
5. WHAT PARTICULAR ACT OR OMISSION DO. YOU CLAIM CAUSED THE INJURY OR DAMAGES? Give the name of the cityrtower, employee causing the injury or damage, if known
see tache
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE: See attiche
Item/Date: Amount: $
Item/Date: Amount: $
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $ ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Item/Date: Amount:-$
See affacket
Item/Date: Amount: $
TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES:
7. WITNESSES TO DAMAGE OR INJURY List all persons known to have information (attach additionalpages, if necessary) NAME:
ADDRESS: ADDRESS: maineti.
See Cettaetie
_TÉLEPHONE: 1. L TELÉPHONE: La
*8.IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR MOSPITAL (S) VISITED:
"NAME: NAME:
ADDRESS: See attache :. ADDRESS:
TELEPHONE; TELEPHONE: L.)
229.73 TIME: • AM 0] PM DATE: TIME:
JO 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. Indiçate place al accident by "X" and by showing house numbers or distances to street corners:
I e cityitown 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 whem you fist 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 cident 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 TUS OF MY OWN KNOWLEDGE EXCEPT AS TO THCSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF; AND AS TC THOSE MATTERS I RELEVE THEM TO BE TRUE.
I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOINO IS TRUE AND CORRECT.
SIGNATURE OF CLAIMANT OR AGEN
SILVEGTaR Seeney 42.19.20
TYPE OR PRINT NAME DATE
RELATIONSHIP TO CLAIMANT
NOTE: PRESENTATION OF A FALSE CLAIM IS A FELONY ICA PENAL CODE 72) RETURN CLAIM TO: RIALTO CITY CLERK'S OFFICE - 150 S. PALA AVE, RIALTO, CA 92376 me cry: 100
1 I am a citizen of the United States and a resident of the aforesaid county; I am over the age of 18 2 and not a party to the within entitled action; my business address is 301 E. Ocean Blvd., Suite 1700, Long Beach, CA 90802
3 4 On August 19, 2026 I served the following documents):
5 SYLVESTER SEENEY GOVERNMENT TORT CLAIM
6 in said action, on the following interested parties at the following addresses (including fax numbers and e-mail addresses as follows:
7 CITY OF RIALTO
8 City Clerk's Office
9 Barbara McGee
10 City of Rialto
150 S. Palm Avenue
11 Rialto, CA 92376
12 [x |(BY ELECTRONIC SERVICE) ONLY BY ELECTRONIC TRANSMISSION: Only by 13 mailing the document(s) listed above to the parties in this action using the email addresses identifie 14 bove. Pursuant to California Code of Civil Procedure §1010.6, this office will use electronic mail f service purposes. No electronic message or other indication that the transmission was unsuccessful was 15 received within a reasonable time after the transmission. 16 [X]BY US MAIL On August 19, 2026 at my place of business, I SENT THE ABOVE-DESCRIBED
DOCUMENT VIA FED EX
17 18 [(FEDERAL): I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
19 Executed on August 19, 2026 at Long Beach, California. 20 Is/ Irene Duran
21 Irene Duran
22 23
24 25
26 27
28 Proof of Service 2:26-cv-04622-AH-BFM
301 East Ocean Blvd. Curd,
Suite 1700
Long Beach, CA 90802 Galindo
Ph (562) 624-1177 & Smith, L.L.P.
Fx (562) 624-1178
Fax
To: From: Valerie Phillips assistant to Jeffrey Smith
Flor C/O Employment Development
Department
Fax: 916-449-1660 Pages:
Phone: 833-710-1845 ext. 337176 Date: 8-19-2026
Re: Brandi K. Conley Insurance Claim- CC:
Employer Response
x Urgent • For Review • Please Comment O Please Reply • Please Recycle Attached please find the Employment Development Department Claim Form along with our Firm's explanation of circumstances, including back-up documentation. If you have any questions, please feel free to contact me.
Sincerely Yours,
Jeffrey B. Smith
CAUTION - CONFIDENTIAL
THE INFORMATION CONTAINED IN THIS FAX MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE
READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR
DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED
THIS DOCUMENT IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US BY MAIL. THANK YOU.
760 STO
RIALTO (952) 08/21-08/21
CLOSED - 900
119526923287000923780087599962195-1 CL:PD:100:Y
ETP: 1
ORIGIN ID:LGBA (562) 624-1177 SHIP DATE: 19AUG26
ALEXIS GALINDO ACTWGT: 0.10 LI
IRD GALINDO & SMITH, LI CAD: 252741541/INET453.
01 E. OCEAN BLVD STE 17
LONG BEACH, CA 90802 BILL SENDER
- UNITED STATES US edEx
TO CITY CLERK
CITY OF RIALTO
150 S. PA* 1 AVE
'76
92376-6406-50 REF:
DEPT:
CITY OF RiALTO™ 160S PALM AVE
RIALTO CA FedEx.
952-7555 1196269232670009237600876999621964 SP.PD: 100:V ETP: 2
FRI - 21 AUG 5:00P
TRK# ** 2DAY **
8759 9962 1954
0201
92376 This envelope is only for FedEx Express® shipments. 4Z WRLTG SBD
CA-US
or the conditions of carriage for complete terms, conditions, and limits Check your FedEx shipping document, the current FedEx Service Guide, items securely. Need help? Go to fedex.com/packaging for packing tips. You can help us get your package safely to its destination by packing your 03AI3038
10:9 Md S290V 9266
document here.
• 223