01-21-2003 - Olga Zarate VS. City of West CovinaCity of West Covina '
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TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Erin Patricia Hoppe
Risk Manager
AGENDA
ITEM NO. B- 3b
DATE January 21. 2003
SUBJECT: OLGA ZARATE
VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the personal injury claim of Olga Zarate be
denied and the claimant's attorney be so notified.
DISCUSSION:
This claim arises from the arrest of claimant on May 19, 2002. Claimant alleges civil rights
violations, assault, battery, false arrest, false imprisonment and malicious prosecution. The amount
of claim had not been determined at time of presentation.
An investigation by the Police Department does not substantiate liability on the part of the City.
Claimant was arrested during a routine traffic stop for possession of methamphetamines. Claimant
did not have a valid driver's license, and she became extremely argumentative during questioning.
Claimant refused to answer the' officer's questions or comply with his commands. A struggle
ensued, and claimant was sprayed with pepper spray in order to handcuff and arrest.
After a review of the investigation in this matter, staff and the City's claims administrator,
VeriClaim, determined the officer's actions were appropriate and recommend denial.
As you are aware, since all claims should be considered potential lawsuits, it is requested that all
Councilmembers refrain from making specific public comments so as not to prejudice any claim.
Specific questions should be referred to the City Attorney.
FISCAL IMPACT:
Unknown at this time.
Prepared by:
Debbie Dominguez J,
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager