CITY COUNCIL AGENDA ITEM
Meeting Date: July 27, 2004
Subject/Title: Reject claim presented by Robert Clouthier
Prepare by: Karen Diaz, City Clerk/Director of Administrative Services
Submitted by: Karen Diaz, City Clerk/Director of Administrative Services
Reject the claim of Robert Clouthier presented on April 7, 2004 as
recommended by the City’s third party adjuster, Contra Costa County
Municipal Risk Management Insurance Authority and the City Attorney.
This item was continued from the Council meeting of July 13, 2004 for
further clarification concerning the claimant receiving his Miranda rights.
Claimant, Robert Clouthier, presented a claim in excess of the $10,000
statutory minimum. Claimant states that on October 18, 2003 he was
wrongfully arrested and imprisoned due to alleged domestic violence
incident. He further states that his arrest was without any legal authority
and he is entitled to attorney’s fees and costs.
Claimant alleged that he never was informed of his Miranda rights before
being transported to Brentwood Police Department offices. Claimant further
alleged that he was held in jail for five days and was then released without
charges being filed.
Police personnel verified that the Mr. Clouthier was informed of his Miranda
No fiscal impact at this time.