Kellen Arlt Claim

CITY OF SANTA CRUZ CALIFORNIA DATE: February 9, 2017 TO: Risk Manager FROM: City Clerk SUBJECT: CLAIM FOR DAMAGES Attached is a copy of a Claim filed against the City of Santa Cruz which was received on the date noted below. CLAIMANT: Represented by: Kellen Marler Arlt Haddad & Sherwin LLP th 505 17 Street Oakland 94612 DATE PRESENTED: February 7, 2017 AMOUNT: Unspecified METHOD: MAIL _XX PERSONAL SERVICE Attachment cc: City Attorney Police Department secenao id at as -4527? ageg? I CITY OF SANTA CRUZ CLAIM FORM ?1 teases ens mass :2 r: INSTRUCTIONS: Complete each line below, otherwise, form may be returned due to insufficiency ofclaim. 1. Name of Claimant: Arlt I Kellen Marler Last First Middle ck if Claimant is INSURANCE COMPANY and provide information about insured: Name of Insured: Last First Middle .Check if Claimant is represented by attorneyr - Attorney Name: Haddad Sherwin LLP 2. Claimant or Insured 505 17th Street, Oakland, CA 94512 Residence Address Street No. and Name Apt No. City State a ZIP Code 3. Mailing Address for All Notices: 505 17th Street, Oaktand, CA 94612 in turancc Com pan-v or Attorney add ress. Street No Name or RC. Box City State ZIP Code i ifCiaimant?s mailing address is different from Residence 4. taimant?s Residence Phone No. (51 0 )452"5500 Business Phone No. (51.0 )452'5500 5. Exact Date of Injury, Damage or Loss: OCtOber 16? 2016 Time: 3:00 0 . .m.O pan. 6. Exact Location of Injury, Damage or Loss: see attached t. it 7. Describe all of your Injuries, Damages or Losses: see a ac ed (use additional pages if needed) 8. Describe how accident occurred: 38? attached (use additional pages if needed) 9. Vehicle License Number State if applicable: 10. Police Report No. if known: 33% 11. Name(s) of City of Santa ruz emp yee(s) causing injury, damage or loss, if known: sec ate/Mr . 12. Witnesses: see attached see attached Name Address Phone see attached see attached Name Address Phone 13. mount of Claim: see attaChed IMPORTANT: Attach supporting bills and state how you computed the amount of claim (use additional pages if needed). Include two repair estimates for vehicle damages. Date Claimant?s Signature 3 . Michael Haddad 2/7/2017: A, . . Date Authorized l?epresentative's Signature (if any) Print Name Return to: Cig Clerk Noti?cation: You will be noti?ed within 809 Center Street. Room 9 approximately 45 days Santa Cruz CA 95060 regarding your claim. Submit the original claim form to the i? Clerk?s office, in person or by mail no fax or E-mail). it?you have questions, please contact the Risk Management of?ce at (831) 420-5057 or Please note that the information provided with this claim form is a public record and subject to disclosure under the Public Records Act, Gov?t Code 6254 et seq. I lCheck here if you wish n_oi to be contacted by anyone other than City - 4-16 a CITY OF SANTA CRUZ CLAIM FORM LIES TRUC IONS: Complete each line below, othenvise, form my be returned due to insu?ieiency of claim. Arlt Jeffrey Last - First Middle I: JCheck if Claimant is INSURANCE COMPANY and provide information about insured: 1. Name of Claimant: Name of Insured: Last First Middle .Check if Claimant is represented by attorney Attorney Name: Haddad Sherwin 2' Claimant 01' Insured 505 17th Street, Oakland, CA 9461.2 Residence Address Street No. and Name Apt No. City State a ZIP Code 3. Mailing Address for All Notices: 505 17th Street, Oakland, CA 94612 Insurant 1: Company or Attorney add-reg, Street No Name or P.0. Box - City State ZIP Code OR ?'iaimant?s mailing address is different from Residence 4. Claimant?s Residence Phone No. (51 0 )452-5500 Business Phone No. (510 )452'5500 October 16, 2016 3:00 ?111.0 pan. 5. Exact Date of Injury, Damage or Loss: Time: 6. Exact Location of Injury, Damage or Loss: see auaChed 7. Describe all of your Injuries, Damages 0r Losses: see a?aChed mag-additional pages if needed) 8. Describe how accident occurred: see attaChed (use additional pages ifneeded) 9. Vehicle License Number State if applicable: BEEL 10. Police Report No. if known: 11. Name(s) of City of Santa Cruz em loy e(s) causing injury, damage or loss, if known: see met: 12. Witnesses: see attached see attached Name Address Phone see attached see attached Name Address Phone 13. Amou nt of Claim: see attached IMPORTANT: Attach supporting bills and state how you computed the amount of- clai-m (use additional pages if needed). Include two repair estimates for vehicle damages. Date - Claimant?s Signature ?4 . Michael Haddad ?h 153 . . Date Authoriized?lepmentative?s Signature {if any) Print Name Return to: Ci? Clerk Noti?cation: You will be noti?ed Within 809 Center Street, Room 9 approximately 45 days Santa Cruz CA 95060 regarding your claim. Submit the original claim form to the Gig Clerk?s otche, in person or by mail (no fax or E?mail). If you have questions, please contact the Risk Management 'of?ce at (831) 420?5057 or Please note that the information provided with this claim form is a public record and subject to disclosure under the Public Records Act, Gov?t Code 6254 et seq. I ICheck here if you wish rig; to be contacted by anyone other than City 4-16 CITY OF SANTA CRUZ CLAIM FORM swam INSTRUCTIONS Complete each line below, otherwise, form may be returned due to insufficiency of claim. 1. Name of Claimant: Smith Stacey Last First Middle ck if Claimant 1s INSURANCE COMPANY and provide information about insured: Name of Insured: Last First Middle .Check ifClaimant IS represented by attornev- Attorney Name: Haddad Sherwin 2. Claimant 01? Insured 505 17th Street. Oakiand, CA 94612 Residence Address Street No. and Name Apt No. City State a ZIP Code 3. Mailing Address for All Notices: 505 Street, Oakiand, CA 94612 insurance Compagv or Attorney address. Street No Name or P.O. Box City State 21p Code if Ciaimant?s mailing address is different from Residence 4. .aimant?s Residence Phone No. (510 )452"5500 Business Phone No. (510 )452"5500 October 16, 2016 Time 3 00 0:110 5. Exact Date of Injury, Damage or'Loss: 6. Exact Location of Injury, Damage or Loss: see attached . . tt 7. Describe all of your Injuries, Damages or Losses: see 8 ac (use additional pages if needed) 8. Describe how accident occurred: att?cmd (useoddirionol pages if needed) 9. Vehicle License Number State if applicable: ML 10. Police Report No. if known: 3% 1.1. Name(s) of City of Santa Cruz empl yee(s) causing injury, damage or loss, if known: see. a ache 12. Witnesses: see attached see attached Name Address Phone see attached see attached Name Address Phone 13. i mount of Claim: 58 see attached MORTANT: Attach supporting bills and-state how you computed the amount of claim (use additional pages If needed) include two repair estimates for vehicle damages. Date Claimant?s Si ature . 2/7/2017 Michael Haddad- Date Authorize: presentative? 5 Signature (if any) Print Name Return to; City Clerk Noti?cation: You will be notified Within 809 Center Street. Room 9 approximately 45 days Santa Cruz CA 95060 . regarding your claim. Submit the original claim form to the Gig Clerk?s office, in person or by mail (nofax or E-moil). If you have questions, please contact the Risk Management of?ce at (831) 420?5057 or [email protected] Please note that the information provided with this claim form is a public record and subject to disclosure under the Public Records Act, Gov?t Code 6254 et seq. ?Check here ifyon wish to be contacted by anyone other than City 4?16 MICHAEL J. HADDAD JULIA SHERWIN . T. KENNEDY HELM CIVIL RIGHTS - TRIAL LAWYERS MAYA SORENSEN 505 STREET, OAKLAND, CALIFORNIA 94612 a (51014526500 a Whaddadandsheminmm CLAIM OF KELLEN MARLER ARLT, JEFFREYARLT, STACEY SMITH. AND THE ESTATE OF SEAN SMITH ARLT, DECEASED, AND DEMAND FOR PRESERVATION OF EVIDENCE Pursuant to Government Code 9] 0 et seq. Submitted to the City ofSanta Cruz Name of Claimants: KELLEN ARLT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF SEAN SMITH ARLT, JEFFREY ARLT, STACEY SMITH, INDIVIDUALLY Claimant Kellen Marler Arlt is the minor son of Sean Smith Arlt, Deceased, who was not married at the time of his death. Claimant Kellen Marler Arlt is the Successor in Interest to the Estate of Sean Arlt, Deceased, pursuant to California Code of Civil Procedure 377.11. Claimant Kellen. Marler Arlt, through his mother, Dacia Marler, brings these claims in his individual and representative capacities. Claimant Jeffrey Arlt is the father of Sean Smith Arlt, Deceased. He brings these claims in his individual capacity. Claimant Stacey Smith is the mother of Sean Smith Arlt, Deceased. She brings these claims in her individual capacity. Date of birth: Kellen Marler Arlt: 1 1/15/2012 Jeffrey Arlt: 11/5/1951 Stacey Smith: 4/8/1951 Sean Smith Arlt: 6/25/1984 (Deceased: 10/16/2016) Post Of?ce Address: c/o Haddad Sherwin LIJP 505 Seventeenth Street Oakland, CA 94612 Date, Place and Circumstances of the Occurrence: On or about October 16, 2016, at approximately 3 :30 unidenti?ed members of the Santa Cruz Police Department (SCPD) fatally shot Sean Smith Arlt at or near the 200 block of hace Street, City of Santa Cruz, County of Santa Cruz, California. Sean Smith Arlt was 32 years old, beloved by his parents and his son, and a person who struggled with mental illness. Respondent SCPD of?cers knew that Sean was mentally ill and/or emotionally disturbed. The week prior to the shooting, on October 11, 201.6, SCPD had been called to the same place where Sean was later killed on October 16 because Sean was having a manic episode and talking incoherently. They had wrestled Sean to the ground and sent him to Dominican HOSpital. CLAIM OF KELLEN M-ARLER ARLT, JEFFREY ARLT, STACEY SMITH, AND THE ESTATE OF SEAN SMITH ARLT, AND DEMAND FOR OF EVIDENCE Then, ?ve days later, in violation of state-mandated law enforcement training and generally accepted standards, Respondent officers responded to a call at the 200 block of Chace Street, displaying weapons, acting in a threatening manner, and using objectively unreasonable tactics to escalate and aggravate the situation, rather than de?escalate their encounter with this known and obviously mentally ill man as their training and standards required. When Sean emerged from the side of the home with a garden rake, ReSpondent of?cers aggressively pointed guns and weapons at him. On information and belief, of?cers shouted con?icting commands at Sean. While Sean was a great distance from all of?cers, either standing still or walking slowly holding what of?cers knew was only a garden rake, Respondent officers shot him multiple times, without warning, including twice in the head, killing him. The City of Santa Cruz, the Santa Cruz Police Department, and Respondents, have refused Claimants' lawful requests to provide records of their investigation of this incident, and have refused to allow Claimants and Claimants? counsel to review video and audio recordings of this shooting. At all times, Decedent Sean Smith Arlt posed no signi?cant or immediate threat of death or serious physical injury to Respondents, of?cers or others. Decedent Sean Smith Arlt never attempted to attack or injure any person with the garden rake he was holding at the time he was shot. Respondent Santa Cruz Police of?cers knew and/or had reason to know that Sean was a mentally ill and/or emotionally disturbed person. Further, as a result of Respondents? unreasonable and excessive tactics, Respondents created the situation where deadly force was used. RoSpondents? wrongful conduct proximately caused Sean?s death. In addition, other law enforcement of?cers and supervisors in the Santa Cruz Police Department, whose identities are presently unknown to Claimants, may have conspired and/or acted in concert with others and/or attempted to cover up illegal and unconstitutional conduct herein. Respondents conspired to and did wrongfully seize and detain Sean, assaulted, battered, and threatened him, and. used excessive and unjusti?ed deadly force against him. Respondents? conduct in this incident also amounts to negligence, negligence per se, violation of mandatory duties, unjusti?able deadly force, and wanton and willful conduct that shocks the conscience. Further, these acts/omissions were done in part because of Sean?s status as a person suffering from mental illness and/or emotional disturbance. The actions and omissions of Respondents, their law enforcement of?cers, and their agents, were objectively unreasonable under the circumstances, Without probable cause or other legal right, done under color of law, within the course and scope of their employment as law enforcement of?cers, and pursuant to unconstitutional customs, policies and procedures of the City of Santa Cruz and the Santa Cruz Police Department. Respondents are also responsible for Claimants? injuries through their own acts and omissions, negligent and otherwise, by failing to properly and adequately screen, train, supervise, monitor, instruct, investigate, and discipline their law enforcement of?cers and agents involved in this incident. By their actions as described above, Respondents interfered with Sean?s rights by threat, intimidation and/or coercion. On information and belief, Respondents violated Sean?s rights, and subjected him to violence and threat of violence, because of his medical and/or status. CLAIM OF KELLEN MARLER ARLT, JEFFREY ARLT, STACEY SMITH, AND THE ESTATE OF SEAN SMITH ARLT, AND DEMAND FOR PRESERVATION OF EVIDENCE The actions and omissions of Respondents, their law enforcement officers, and agents constitute violations of ClaimantsI and Sean?s rights under the United States and California Constitutions, California Civil Code 43, 51, 52, 51.7 and 52.1, and other provisions of California codes and law, assault and battery, intentional in?iction of emotional distress, negligence, intentional torts, and other causes of action arising from this incident. Claimants? Iniuries and Amount of Damage Claimed: Claimants' decedent, Sean Smith Arlt, was wrongfully and unconstitutionally killed, sustaining a loss of life, conscious pain and suffering, and medical, funeral and cremation expenses. Claimants suffered Sean?s erngful and unconstitutional death and damages ?owing therefrom, including loss of support, economic and noneconomic. Claimants seek all damages, costs, fees, and penalties allowed under California Code of Civil Procedure 377 et seq., California Code of Civil Procedure 1021.5, California Civil Code 51.7, 52, and 52.1, 42 USC 1983 and 1988, and as otherwise allowed by law. Claimants' damages are in excess of the minimum jurisdictional limits of the Superior Court for the State of California (non?limited civil case), and include wrongful death; survival claims; loss of life; conscious pain and suffering; loss of companionship, society, services, relationships and support; loss of economic support; medical, funeral and burial expenses; loss of constitutional rights; and exemplary, punitive and statutory damages and penalties. Identities of Public Employees Involved: ReSpondent officers include presently unidenti?ed and unknown law enforcement officers and others involved in the above-described unlawful seizure and use of excessive and deadly force against Decedent Sean Smith Arlt on or about October 16, 2016. Respondents also include other agents/employees of the City of Santa Cruz and the Santa Cruz Police Department, including Police Chief Kevin. Vogel and other supervisory personnel, and possibly other law enforcement officers from other jurisdictions whose identities are presently unknown, also may have wrongfully injured Claimants and Decedent in this incident. Person to Contact Regarding this Claim: Please contact Claimants? attorneys, Michael J. Haddad and/or Julia Sherwin, at Haddad Sherwin LLP, 505 Seventeenth Street, Oakland, CA 94612; (510) 452?5500. CLAIM OF KELLEN MARLER ARLT, JEFFREY ARLT, STACEY SMITH, AND THE ESTATE OF SEAN SMITH ARLT, AND DEMAND FOR PRESERVATION OF EVIDENCE FOR PRESERVATION OFEVIDENCE DEMAND IS HEREBY MADE TO PRESERVE ALL EVIDENCE AND RECORDS RELATED TO THIS INCIDENT AND ANY INVESTIGATION OF THIS INCIDENT, INCLUDING BUT NOT LIMITED TO: ALL DISPATCH RECORDINGS, VIDEO RECORDINGS, AUDIO RECORDINGS, PHOTOGRAPHS, PHYSICAL EVIDENCE, CAD REPORTS AND INFORMATION, INCIDENT REPORTS, BLOOD, TISSUE SAMPLES, BIO-EVIDENCE, ALL INVESTIGATION RECORDS INCLUDING NOTES, EMAILS, ELECTRONIC DOCUMENTS, ON-BOARD COMPUTER COMMUNICATIONS, CELL PHONE DATA AND TEXT MESSAGES, STATEMENTS, NOTES, CORRESPONDENCE, MEMORANDA, AND ALL DOCUMENTS AND THINGS RELATED TO THIS CLAIM AND THE INCIDENT DESCRIBED HEREIN as material evidence to the claims herein and Claimants? potential claims under federal and state law, including civil rights claims. You are further required to preserve such recordings pursuant to California Government Code 34090.6. If you have any questions about the recordings, documents, or items at issue, please contact attorney Michael J. Haddad and/or Julia Sherwin (address listed above) before destroying any tapes, recordings, documents, or items that have been requested or that may relate to this Claim and potential civil rights claims. The term ?writings? used herein is to have the broadest possible de?nition as set forth in C.11ifornia Evidence Code Section 250. Dated: February 7, 2017 HADDAD SHERWIN ICHAEL Attorneys for Claimants CLAIM OF KELLEN MARLER ARLT, JEFFREY ARLT, STACEY SMITH, AND THE ESTATE OF SEAN SMITHL ARLT, AND DEMAND FOR PRESERVATION OF EVIDENCE PROOF OF SER WCEBYMAIL Re: CLAIM OF KELLEN ARLT, JEFFREY ARLT, STACEY SMITH, AND THE ESTATE OF SEAN SMITH ARLT, DECEASED, AND DEMAND FOR PRESERVATION OF EVIDENCE, pursuant to Gov. Code 910 et seq. I declare that: I am employed in the County of Alameda, State of California. I am over the age of eighteen years and not a party to the within entitled cause; my business address is 505 Seventeenth Street, Oakland, California 94612. On February 7, 2017, I served the attached CLAINI OF KELLEN ARLT, JEFFREY ARLT, STACEY SMITH, AND THE ESTATE OF SEAN SMITH ARLT, DECEASED, AND DEMAND FOR PRESERVATION OF EVIDENCE, pursuant to Government Code 910 et seq., on the Respondents in said Claim, by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Oakland, California, addressed as follows: City Clerk 809 Center Street, Room 9 Santa Cruz, CA 95060 I declare under penalty of perjury that the foregoing is true and correct and that on the date stated above, this declaration was executed at Oakland, Californra. . CLAIM OF KELLEN MARLER ARLT, JEFFREY ARLT, STACEY SMITH, AND THE ESTATE OF SEAN SMITH ARLT, AND DEMAND FOR PRESERVATION OF EVIDENCE PITNEY BOWES 02.113 $001.356 0001783960 FEB 07 201? MAILED FROM zap CODE 94612 City Clerk 809 Center Street, Room 9 Santa Cruz, CA 95060 M: SHERWIN up RIGHTS TRIAL LAWYERS 505 STREET CALIFORNIA 94612 City Clerk 809 Center Street, Room 9 Santa Cruz, CA 95060