01-20-2004 - Gabriel Torres vs. City of West Covina• ` City of West Covina
MEMORANDUM
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Erin Patricia Hoppe
Risk Manager
AGENDA
ITEM NO. B-2a
DATE January 20, 2004
SUBJECT: GABRIEL TORRES
VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the property damage and personal injury -
claim of Gabriel Torres be denied and the claimant be so notified.
DISCUSSION:
This claim arises from the execution of a search warrant on September 4, 2003. Claimant alleges
that excessive force by West Covina police officers injured his right wrist. He also alleges damage
to his cell phone and watch during the incident. 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's brother had just been arrested for the sale of a very large quantity of methamphetamine.
A wan -ant was obtained to search his residence located at 703 S. Glenn Alan. Claimant was at the
residence during execution of the search wan -ant. He did not comply with the officer's lawful
directions to exit the house. Claimant was verbally abusive and threatening. When officers
attempted to handcuff him, he resisted and a struggle ensued. The handcuffing was accomplished
with the use of a wristlock, and claimant was detained in the back seat of a patrol car while the
residence was searched. At no time did claimant complain of pain or that the handcuffs were too
tight.
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:
't-1) 1,C4
Debbie Dominguez
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager