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6.3B <br /> Page 1 <br /> R�PCJI�T <br /> To #he Honorabl� 1�1ay+�r ar�d Ci#� C�uncil <br /> Frvtn the �i Mana er <br /> AUgUSt �7, LGU! <br /> SUBJECT <br /> Claim from Attorney Donald Galine on Behalf o# Doug Burns <br /> RECOMMENDATION <br /> Reject subject claim. <br /> BACKGROUND <br /> Mr. Doug Burns, through his attorney, has submitt�d a claim against the City seeking $5 <br /> miiiior� for econamic and non-econamic damages as the resuit of an alleged assauit by <br /> members of the Re�wood City Pc�i�ce Depar�ment. The aGsaul# is alleged to ha��P taken <br /> place during an arrest that accurrea on April 1, 2007. An investigation conducfed by the <br /> poiice department found that Mr. Burns, withaut provocation, frst assaulted a peace <br /> officer. Thereafter, in order to control the situation, the officers used reasonable and <br /> justifiable force to restrain Mr. Burns, and he was fihereafter taken into custody. The <br /> office�s had probable cause to arrest Mr. Burns as he had first assaulted a peace <br /> officer. <br /> It has been recommended by legal counsel fhat this claim be denied. <br /> ALTERNATIVES <br /> No action to this claim would result in the cfaim being rejected by operation of law on <br /> the 45th day from the filing of the claim, extending the statute of limitations to fi{e a caurt <br /> action from six months to two years. <br /> �ISCAL IMPAC7 <br /> There is no fiscal impact on rejecting this claim_ However, costs, which are <br /> undeterminable at this time, may be incurred should Mr. Burns pursue this incident <br /> through li#igation. � <br /> �-- � ,� �..�.�--- <br /> Brian Ponty Edward Everett <br /> Rirector of Finance and Financia! P(annir�g Cify Manager <br /> ATTACHMENTS <br /> Claim fiied by Attorney Danald Galine on Behalf afi Doug Burns <br /> RELATED DOCUMEN7S IN CITY CLERK'S OFFICE <br /> None <br /> HANDOUT 5 <br />