SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO
|DAVID A. DAILEY
COUNTY OF SAN MATEO
OFFICE OF THE SHERIFF
COUNTY HEALTH SYSTEM
Case No.: 1 8 C I V 0 1 7 3 3
HEARING DATE: August 9, 2018
TIME: 9:00 a.m.
Judge: To be determined
CAUSE OF ACTION(S)
In violation of California Penal Code Section 15385, County jailhouse officers brutally used excessive force injuring the Plaintiff.
Pursuant to California Government Code Sections 8201 and 8216, the County Sheriff and County Health System unlawfully detained, mistreated, and handled the Plaintiff.
The Plaintiff alleges Defendants severely injured and failed to provide prudent medical attention.
Proper medical attention was not offered at both the jailhouse and medical center.
Mr. Dailey alleges that he was savagely beaten three times inside the Redwood City jail, between noon and 6:00 p.m., after he was falsely arrested in West Menlo Park on Fathers’ Day 2017, Sunday, June 18.
The elderly, disabled Plaintiff was not trying to escape nor provided resistance and was without any weapon.
Mr. Dailey was a victim of violent crimes and was not accorded California Marsy’s Law protections.
The Plaintiff was stripped of all clothing prior to 6:00 p.m. by four, five, or six of his jailers and left for hours on the floor in solitary confinement. His eyeglasses, right writing hand, and sternum (chest) were broken due to the unprovoked actions of the jailers. He was given peanut butter sandwiches to eat; the plaintiff is severely allergic to peanuts.
The Plaintiff was transported to San Mateo Medical Center via ambulance; only after there was a change of shift around midnight of the jailhouse Sheriff personnel.
Rather than treating Mr. Dailey’s injuries, medical personnel in the County’s San Mateo Medical Center Emergency Room sedated him.
The Plaintiff awoke in the Psychiatric Unit and was promptly released mid-morning on June 19, 2017, by the attending psychiatrist, Dr. John Herbert, MD.
Upon release without bail by the County of San Mateo Medical and Sheriff Department personnel, the Plaintiff promptly received medical treatment from Palo Alto Medical Foundation.
The Plaintiff has been subject to non-criminal data recording by the Defendant. It has adversely affected dealings with peace officers along the San Francisco Peninsula. It is a violation of the Plaintiff’s civil rights and a very poor business practice.
a) The Defendant’s actions were inappropriate, using excessive force, unreasonable, and violated the Plaintiff’s civil rights. Pursuant to California Penal Code Section 15385, the Defendant’s behavior was without adequate probable cause, unreasonable, and led to physical and mental harm and property loss.
b) The Plaintiff was unlawfully handled and detained by the Defendants, relevant to People v. Medina, 110 CA 4th 171 (2003). Pursuant to California Government Code Sections 8201 and 8216, police officers have a limited right to detain persons.
c) The Defendant never read the Plaintiff his Miranda Rights, which was affirmed in People v.
Boyer 48 C3rd 247 (1989). The Plaintiff was tightly handcuffed behind his back and forced to sit in a squad car although he was under doctor’s care for his right arm, hand, and shoulder. The Plaintiff was unlawfully frisked under circumstances similar to People v. Spicer (1984) 157 CA3rd 213, and People v. Avila 58 CA4th 1069 (1997).
The Plaintiff attempted and has been unable to resolve issues with the San Mateo County Sheriff’s Office and the County of San Mateo Health System on at least four (4) occasions:
1) The County Sheriff Department, Internal Affairs, a.k.a. Professional Standards Bureau did not return phone calls nor advise the Plaintiff in-writing after these events were reported to them on June 21, 2017 (case number 17-06415) nor did the Sheriff’s Office forward this case to the County of San Mateo District Attorney for either investigation or prosecution.
2) A formal complaint with the California Department of Public Health.
3) Numerous phone calls were made to the Sheriff’s Office, voicemails left with two Under Sheriffs, and calls to the Sergeant in charge of the Professional Standards Bureau. A report was filed and their response was unsatisfactory
4) The Plaintiff made a presentation at two meetings of the County Board of Supervisors during 2017.
DAMAGES INCURRED BY PLAINTIFF
The Defendant’s misconduct led to the Plaintiff’s mental distress, physical harm, and personal property damage. The Plaintiff was placed on medical leave (in June 2017) and eventually was terminated by Safeway – Grocery Works in October 2017.
In the days following incarceration during mid-June 2017, the Plaintiff suffered from cervical, thoracic, and lumbar spinal injuries, loss of use of his writing hand, and chest injuries with many symptoms that did not subside until February 2018. He was too ill to go on an out-of-state business trip, was either homeless or had to reside in an East Palo Alto homeless shelter, and lost potential income from June 19, 2017 through April 2018.
The Defendants – County of San Mateo Sheriff’s Department and the County of San Mateo Health System – and its appointed and elected managers are liable for damages per Bowling v. United States, 740 F. Supp. 2d 1240 (2010)
RELIEF SOUGHT & COMPENSATION AGREEMENT
1) The Plaintiff asks for relief and compensation of $90,000.00, in addition, as well as any injunctive relief and punitive damages that the Court deems appropriate.
2) The Plaintiff will demand $50,000.00 each time a Sheriff Deputy or Police Officer stops to question the Plaintiff on-the-street, from April 9, 2018, until which time this lawsuit is settled. This is a public embarrassment. Mr. Dailey has been a candidate for Congress twice and ran for the California State Senate once.
For instance, a balding, intimidating officer stopped Mr. Dailey on El Camino Real. He was getting a bus to the doctor’s office in Palo Alto. He detained me and Bus Driver 1130 at 12:30 pm. on August 29, 2016. He bitched about the Plaintiff “obstructing Justice” while he was issuing a moving violation ticket to two Asian-Americans in a BMW.
3) The Plaintiff will demand an additional $50,000.00 each time a California-licensed peace officer (police or fire department professional) questions the Plaintiff about Mr. Dailey’s past experiences with the County of San Mateo Sheriff Department or the City of Menlo Park Police Department.
4) Peace Officers shall be prosecuted by the County of San Mateo District Attorney’s Office for any and all violations of California’s Marsy’s Law. MPPD uniformed cops are not exempt from prosecution. Furthermore, peace officers and (emphasis added) emergency response personnel (in particular, AMR Ambulance crew-members Kimberley and Austin; offenders during the ride between Menlo Park and San Mateo Medical Center on Sunday, July 16, 2017, at approximately Noon PDT) must be held at a higher level of responsibility. No one should be allowed to be negligent – whether their be acts of commission or acts of professional care omission – “torture” past victims of violent crimes, especially those instances specifically protected under Marsy’s Law.
5) The Plaintiff asks that 1,000,000.000 be awarded to Menlo.Church’s “Hearts 4 the Homeless Committee.”
6) The Plaintiff asks that $1,000,000.00 be awarded to Menlo. Church’s H. E. L. P. (Hope – Encouragement – Love – and Prayer) Ministry
8) The Plaintiff asks that $1,000,000.00 be awarded to The Legion of Mary, a Roman Catholic organization, managed from Newton Station, Pennsylvania.
7) The Plaintiff asks that $1,000,000.00 be awarded to Menlo. Church’s Saturday Morning Men’s Bible Study Fellowship Ministry.
8) The Plaintiff asks that $1,000,000.00 be awarded to the Society of St. Vincent de Paul (headquartered in St. Louis, Missouri) for the St. Niklas / St. Nicholas Conference, located in Western Colorado, Archdiocese of Denver, for the Counties of James Garfield (Glenwood Springs region), Pitkin (Aspen area), and American Eagle (Vail, CO, vicinity).
9) The Plaintiff asks that $1,000,000.00 be awarded to The Youth Club of East Palo Alto administered by the Archdiocese of San Francisco Catholic Charities, St. Francis of Assisi Roman Catholic Church, 1425 Bay Road, EPA.
10) The Plaintiff asks that $1,000,000.00 be awarded to the St. Ray’s Building and Grounds Committee at St. Raymond Roman Catholic Church and (K-8) School, located at 1100 Santa Cruz Avenue, Menlo Park.
11) The Plaintiff asks that $1,000.000.00 be awarded to (Daniel) Kininger Painting and Contracting. This contractor will hire previously unemployed, homeless, and disabled.
12) The Plaintiff asks that $1,000,000.00 be awarded to the Mental Health Association of San Mateo County, administered from 2686 Spring Street, Redwood City.
13) The Plaintiff asks that $1,000.000.00 be awarded to Max’s Scout Services & Communications of the Americas, 2995 Woodside Road, State Hwy. 84, Woodside, California.
14) The Plaintiff asks that $1,000,000.00 be awarded to “Friends of St. Anthony’s Dining Room”, located at 3500 Middlefield Road, Menlo Park, as administered by Arnold S., Mark W., Joel S., John X., Tony X., Rob X, and Matthew X., and their appointed five (5) -person steering committee.
15) The Plaintiff asks that $1,000,000.00 be awarded to the Memorial Student-Athlete Book Scholarship Fund – in the memory of six (6) saints: Bishara “Bob” David Elias Wehab, Betsy (of Alys Grace women’s shop), Walker Eberwine (former student at King’s Academy high school), Ann Flegel (former teacher), Tiki Teddy Iz Rumpkin (service and show French bulldog), and Chuck Sherron (wellness professional and Christian advocate for the homeless).
The Plaintiff reserves the right to a jury trial.
The Plaintiff reserves the right to participate in a class action settlement against the County.
The Plaintiff reserves the right to pursue further litigation in federal court.
DATED: April 9, 2018