The Sabatino Report

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 The Morning Mayor Show is on VoiceofModesto.org from 9 to 11 daily. The rebroadcast is from 7 to 9:00 AM on106.1 FM

March 2, 2010

At 10 this morning an interview with Steven Yourke, Prescott attorney

From this mornings Board of  Supervisors Agenda

This Board has received the following claims: Rachel Prescott, Analeyna Prescott, Chalyn Prescott, Raynelle Prescott, Mariah Prescott, Talaya Prescott and Yvana Prescott; Joan Carole Guerrera; Steve Hatzigeorgiou; Debra Harper, Vanessa Rubio, Elonda Warner, Sprint PCS et al, Robert Rowe, Carol Bushway; and, Julian Lopez. (Recommendation: Acknowledge receipt of claims and refer to the Chief Executive Office - Risk Management Division.)

CLAIM FOR DAMAGES

Names of Claimants:

Applicants / Claimants are Mr. Prescott’s widow, Rachel Prescott, and his six minor children: Analeyna Prescott, DOB: June 8, 1994; Chalyn Prescott, DOB: July 20, 1996; Raynelle Prescott, DOB: September 3, 1997; Mariah Prescott, DOB August 14, 1998; Talaya Prescott DOB: March 26, 2003; and Yvana Prescott, DOB June 4, 2005.

Date and Place of Incident:

April 13, 2009, Stanislaus County Jail, Modesto, California.

Facts of Incident on Which Claim is Based:

Craig Prescott died while in custody at the Stanislaus County Jail on April 13, 2010. He died in the jail’s safety cell following a forcible extraction from a jail cell. Mr. Prescott was apparently suffering from a psychotic “break” and was behaving in a bizarre manner. Sheriff’s deputies decided to move him to the jail safety cell. In extracting him from his jail cell and in placing him in the safety cell, deputies used unreasonable and excessive force against Mr. Prescott including the use of Tasers and clubs (ASPs). Such force was a proximate cause of Mr. Prescott’s death. In addition, Sheriff’s personnel knew that Mr. Prescott was suffering from severe psychotic symptoms throughout his period of incarceration and failed to provide him with adequate medical and psychiatric care, thereby proximately causing his death.  

Claimant’s Address:

            c/o Law Offices of John L. Burris

            7677 Oakpoart Blvd., Suite 1120

            Oakland, California  94621

3.      Claimant’s Telephone Number:

            c/o Law Offices of John L. Burris, Esq. (510) 839-5200

4.      Address to Which All Notices Are to be Sent:

            LAW OFFICES OF JOHN L. BURRIS

            Airport Corporate Center

            7677 Oakport Blvd., Suite 1120

            Oakland, California  94621

PLEASE NOTE: CLAIMANT IS REPRESENTED BY COUNSEL AND ALL CONTACT SHOULD BE MADE WITH HIS ATTORNEY ONLY.

5.      Description of Claim: Possible causes of action include: violation of civil rights (42 U.S.C. section 1983); violation of civil rights (Cal. Civil Code section 52.1, 51.7, wrongful death, assault and battery, intentional infliction of emotional distress.

6.      Description of Injury or Damage: Claimants have lost a loving husband and father and have suffered emotional distress and grief as a result. They have also lost the financial support Mr. Prescott would have provided them over the course of his life.

7.      Name of Public Employee Believed to Have Caused Injury or Damage:

Sheriff Christiansen was in charge of the jail and is ultimately responsible for training and supervising his deputies; Claimants do not know the names of the deputies who were involved in using excessive force against Mr. Prescott at this time. This information is presumably available to the County of Stanislaus.

8.      Amount of Claim: In excess of $25,000.00. Jurisdiction is designated as “unlimited”. The United States District Court for the Eastern District of California and the Superior Court of the State of California for the County of Stanislaus would have jurisdiction over an action filed in this matter.

Date: February 2, 2010

                                                                                    ______________________________

                                                                                    John L. Burris, Esq.

                                                                                    Attorney for Claimant