COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Employee and Public Services Department

 

DATE:

August 30, 2004

BOARD MEETING DATE:

September 14, 2004

 

TO:

Honorable Board of Supervisors

FROM:

Mary Welch, Director of Employee and Public Services

Priscilla H. Morse, Risk Manager

SUBJECT:

Disposition of Claims Filed Against County

 

Recommendation:
Deny the claims listed below.

 

Background:
Under authority of Resolution No. 35006 and Ordinance No. 2321, the Board directed the Director to process claims filed against the County. Further investigation may indicate justification for payment by the County. If so, payment will be made under the authority of the Risk Manager or will be brought back to the Board.

 

Discussion:
The Risk Management Division has reviewed these claims and recommends that you take the following action:

 
 

Claim #

Claimant

Recommended Board
Action and Basis

 

Claims recommended for denial:

G03-129

Acosta, Evelyn

3/23/04 Non-culpable

 

Claimant alleges members of the San Mateo Police Department and San Mateo County Sheriff's Office, without legal authority or due process and with threats of incarceration, coercion, and intimidation, unlawfully evicted her and her two minor children.

 

G03-131

Ard, April

2/23/04 Non-culpable

 

Claimant alleges personal property was taken from her son when he was arrested in South San Francisco and had not been returned.

 

G03-111Q

Bajjalieh, Fawzi

2/25/04 Non-culpable

 

Claimant alleges due to flooding, his personal and real property at 36 Westpark Drive in Daly City were damaged causing him emotional and economical damages.

 

M03-032

Barries, Chris

4/16/04 Non-culpable

 

Claimant alleges negligence due to the poor care he received after surgery performed at the San Mateo County Medical Center.

 

G03-132

Curd, Jeremy

2/27/04 Non-culpable

 

Claimant alleges damages involving an incident with the San Mateo Police Department.

 

G03-128

Fisher, Rudolph

5/29/04 Non-culpable

 

Claimant alleges mental anguish and emotional stress due to not receiving a proper response to his grievance and mail policy violation.

 

G03-127

Fisher, Rudolph

6/5/04 Non-culpable

 

Claimant alleges continued harassment and violation of federal law, mental anguish, and emotional stress.

 

G04-004

Fisher, Rudolph

7/25/04 Non-culpable

 

Claimant alleges misconduct and violation of federal law by deputies for mail tampering and not having personal mail opened in his presence.

 

G04-005

Fisher, Rudolph

7/30/04 Non-culpable

 

Claimant alleges his legal mail was opened by on duty deputies who violated jail policy for mail tampering.

 

G03-123

Fisher, Rudolph

5/23/04 Non-culpable

 

Claimant alleges misconduct by deputies at the Redwood City Jail caused him emotional distress, mental anguish, and paranoia.

 

G03-124

Fisher, Rudolph

6/18/04 Non-culpable

 

Claimant alleges harassment due to mail tampering and exposing of his legal mail by prison staff at the Redwood City Jail.

 

G03-125

Fisher, Rudolph

3/22/04 Non-culpable

 

Claimant alleges the vehicle he was driving was stopped and illegally searched due to racial profiling by police officers.

 

G04-001

Fisher, Rudolph

7/8/04 Non-culpable

 

Claimant alleges inhumane treatment, emotional distress, and harassment due to not receiving his special diet meals in the Redwood City Jail.

 

G03-122

Harley, Deborah S./

Harley Farms Inc.

6/20/04 Non-culpable

 

Claimant alleges her car was damaged due to the lack of barriers or signs warning drivers that the painted yellow lines on the road in Pescadero were still wet.

 

G04-006

Howell, Alysha

8/8/04 Non-culpable

 

Claimant alleges lost personal property by police officers.

 

M04-001

O'Meara, Brian

8/16/04 Non-culpable

 

Claimant alleges lost personal property when admitted to the San Mateo County Medical Center.

 

M03-031

Rodriguez, Sally

5/4/04 Non-culpable

 

Claimant alleges lost upper dentures while a resident at the Burlingame Long Term Care.

 

G03-130

Rosenberg, Jeffrey A.

3/9/04 Non-culpable

 

Claimant alleges pain and suffering due to not being returned to Ventura County and not receiving his personal property after his release from jail.

 

G03-118

Ross, John 118

12/17/03 Non-culpable

 

Claimant alleges he was a passenger in a van driven by someone from the Daytop Adult Facility.

 

G03-121

Tamagna, Michael

1/27/04 Non-culpable

 

Claimant alleges personal injuries he sustained were a result of being beaten by San Francisco Police Officers and a member of the San Mateo County Narcotics Task Force.

 

M03-033

Taylor, Michael

4/22/04 Non-culpable

 

Claimant alleges he was seen for a toothache on two separate occasions while incarcerated and was wrongfully charged for services he did not receive.

 

G03-111P

Tuet, Ibrahim

2/25/04 Non-culpable

 

Claimant alleges due to flooding, his personal and real property at 37 Westpark Drive in Daly City were damaged causing him emotional and economical damages.

 

G04-003

USAA/Genetha Williams

7/2/04 Non-culpable

 

Claimants allege vehicle damage due to being rear ended by an employee of the City of San Mateo on El Camino Real in San Mateo.

 

G03-120

Vea, William 120

5/12/04 Non-culpable

 

Claimant alleges missing personal property upon being transferred from San Mateo County Jail to San Quentin.

 

G03-126

Wilson, Isabelle

6/10/04 Non-culpable

 

Claimant alleges lost personal property while entering through the security check point at the Hall of Justice.

 

APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM

M03-027

Levy, Miriam Linda

12/23/03 No statutory basis

for excuse

 

Claimant requests leave to present a late claim wherein she alleges lost upper dentures while hospitalized at the San Mateo County Medical Center.

 

Vision Alignment:

This item keeps the commitment of responsive, effective and collaborative government through goal number 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.