RECEIVED OAKLAND CITY ATTORNEY CLAIM AGAINST THE CITY OF OAKLAND WGP 16 MNT Please return the completed form to the Office of the City Attorney, One Frank H. Ogawa Plaza, 6th Floor, Oakland, CA 94612. Additional sheets PERSONAL HALO may be atiached as necessary. Enclose a postage paid envelope if you a require a filing receipt | 1) CLAIMANT'S NAME; Jasmine Abusiin c/o Law Offices of Bon8¥-e-sonnep————— 2) ADDRESS: 475 Gate Five Ra, Ste 212 City: SausaltO State: CA _Zip: $4955 HOME #:_ (418/331-3070 DRIVER'S LICENSE: =< | WORK SOCIAL SECURITY#: = CELL # COVERED BY MEDICARE? __ IF YES, MEDICARE - DATE OF BIRTH OCCUPATION: = AUTO INSURANCE NAME AND POLICY # = (it applicable) 3) IF AMOUNT CLAIMED IS LESS THAN $10,000, AMOUNT OF CLAIM: $ (Attach copies of expenses substantiating the basis of computation for the amount bel 1g claimed) IF AMOUNT CLAIMED EXCEEDS $10,000, WOULD THE CLAIM BE A LIMITED CIVIL CASE Yes__ No X Unsure _ 4) ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT FROM LINES 1. 2 NAME; Law Offices of Bonner and Benner ADDRESS;_475 Gate Five Re, Sie, 212 PHONE (415) 331-3070, Multiple 5) DATE OF INCIDENT. TIME OF INCIDENT:__ SPECIFIC LOCATION OF INCIDENT* (Address):_ Multiple 6) DESCRIBE THE INCIDENT INCLUDING YOUR REASON FOR BELIEVING THE CITY IS LIABLE FOR YOUR DAMAGES, _Please see attached, State: CA Zip, 4065 (Less than $25,000)? 7) DESCRIBE ALL DAMAGES WHICH YOU BELIEVE YOU HAVE INCURRED AS A RESULT OF THE INCIDENT: __ Please see attached 8) NAME(S) OF PUBLIC EMPLOYEE(S) CAUSING THE DAMAGES YOU ARE CLAIMING: » 9) WERE PARAMEDICS CALLED? _ No. 10) IF YOU WENT TO A DOCTOR, LIST HIS NAME, ADDRESS & TELEPHONE NUMBER: Dave of 1 Visit Js there a police report on file? x Signature A®Claimant or Representative ~*Complete the diagram on the back of this form showing the lovation of the i Any person who, with the intent io defraud, presents any false or fraudulent claim may be punished by imp Claims must be filed within 6 months of the ineident. See Government Code $$ 900 et8e9," (Revi sonment or fine or bath ed 10/26/10)CHARLES A. BONNER. ESQ. SB: 413 A. CABRAL BONNER, ESQ. SB# 247528 LAW OFFICES OF CHARLES A. BONNER 475 GATE FIVE RD, SUITE 212 SAUSALITO, CA 94965 TEL: (415) 331-3070 FAX: (415) 3312738 cbonner799@aol.com cabral @bonneriaw.com PAMELA Y. PRICE, ESQ SB# 107713 PAMELA Y. PRICE. ATTORNEY AT LAW 7677 OAKPORT STREET, SUITE 1120 OAKLAND, CA 94621 PHONE: 510-877-0024 FAX: 510-452-5625 ATTORNEYS FOR PLAINTIFF CLAIM FOR DAMAGES, ix CLAIM FOR DAMAGES, Government Code Section 910 et seq. Claimant, vs. CITY OF OAKLAND; OAKLAND POLICE DEPARTMENT; POLICE CHIEF SEAN WHENT; SERGEANT L.J'; OFFICER B.B., OFFICER T.S.; OFFICER G.L.; OFFICER G.A.; OFFICER G,D.; OFFICER D.B.: OFFICER J.T.; OFFICER B.L.; OFFICER W.U.; OFFICER BRENDAN O°BRIEN (DECEASED), AND DOES 1-50 INCLUSIVE, Respondents. INTRODUCTION Respondents are police officers, sheriff's deputies, their supervisors and employers] | They are required and empowered to protect the weakest among us. When weak| and vulnerabl a | The officers’ initials are used to proteet their identities. Those officers whose names ae already fn the press are used in other pans ofthe claim. A list ofthe officers withthe initials used for those officers will be served on the City Attorney with this claim. TORT cLATH £1ey have the obligation to help, not further th victims come to them for support and protection horrors suffered by victims. Claimant J.A. was a victim, trapped in the sex trade|since she was 4 minor, She was exploited by pimps and made to sell her body for money. When she ran to Oukland Police Department Officer Brendan O'Brien secking protection, he was legall obligated to help her, not exploit her, Instead of providing her a way out of Her exploitation, Officer O'Brien and his fellow officers and deputies, continued to traffic, sat vietimize an exploit a teenage girl who needed to be rescued. Oakland City Administrator Sabrina Landreth stated: “The City issued notices today tha it intends to terminate four members of the Oakland police department. To the’ extent some o these individuals may have already left the department, these findings will nonetheless be placed, in their permanent personnel files, “Bach individual was found of [sic] committed one or more of the follwing offenses] attempted sexual assault, engaging in lewd conduct in public, assisting in the crime o prostitution, assisting in evading arrest for the erime of prostitution, accessing kw enforcement databases for personal gain, being untruthful to investigators, failing to report a or rules by not reporting allegations of a minor having or previously having sexta Oakland Police officers and bringing disrepute to the Oakland Police Departmept. In addition| the City of Oakland issued notices of intent to suspend seven members of the Dakland Polic officers without pay and provide remedial training, for committing one or more of the followin; offenses: failing to report a violation of law or rules by not reporting allegations of a mino having or previously having sexual contact with Oakland police officers, jaccessing lav enforcement databases for personal gain, brin; ng disrepute to the Oakland polise department And lastly, in addition the City of Oakland issued a notice of intent to order counseling ani training to one member of the Oakland Police Department for the following offence. bringing disrepute to the Oakland police department.” Oakland Mayor Libby Schaaf admittedly and publicly recognized that the prior policies in place in the City of Oakland were not adequate, stating that the city is taking “proactive, department-wide changes and actions that will prevent this type of incident from ever happening TORT CLAIN - 2again” and that “appropriately, we will be changi ing several of our policiés and training requirements to increase officer awareness and ability to re ‘xual abuse and ize the signs of exploitation and better help vietims escape such abuse, We will be tightening coptrols on access to our criminal databases and we will be establishing policies and trainings regarding the use 0! social media... We've done the thorough investigation that was warranted to not only root out misconduct... While the comments by City of Oakland officials are directed to the wrongful conduct o1 their own officers and employees, they represent the nature of the conduct of all the officers and deputies involved who furthered the exploitation of the Claimant, As a result of this illegal and despicable police misconduct, Alameda County District Attomey Nancy O'Malley is filing criminal charges against seven current and former lav} enforcement officers, including five from the Oakland Police Department. Former Contra Costa County Sheriff's Deputy Ricardo Perez, who resigned as details of the scandal emerged, and Oakland police Officer Giovanni LoVerde have each been accused of felony oral copulation with, aminor. Perez will also be charged with two counts of engaging in a lewd act in a public place. Oakland police Officer Brian Bunton faces one count of felony conspiracy to obstruct justice, and one misdemeanor charge of engaging in an act of prostitution. Retired Dakland polic Officer Leroy Johnson will be charged with one count of failing to report sexual misconduct conceming a minor. Oakland Police Officer Warit Uttapa will be accused of searching official criminal justice data and computer systems for an unauthorized purpose. Former Oakland polic Officer Tyrell Smith, who resigned in May, faces four counts of the same erime. While Alameda County District Attorney Nancy O'Malley's comments Were directed a the individuals whose criminal conduet occurred in Alameda County, her comments are equally applicable to the officers and deputies from cities and counties outside of her jurisdiction. ‘The Oakland Police department, in its failure to properly supervise its offivers admittedly failed to provide adequate training on identifying victims of sexual exploitation and abuse silawéd enpriper cee to wiininaldatbises snd filed pat i place adajuate policy uid training on social media use. TORT cLAIN = 3‘These officers. sheriff's deputies, their supervisors and city and county employers either directly engaged in, stood by with a blind eye, or acted to cover up this moden}-day slavery o| JA. by their own swom officers in order to engage in sexual acts with her while she was a minor. They coerced J.A. to continue such acts for her so-called protection from arrest after shi turned 18, These acts constitute unlawful forced labor, trafficking into servitude and sex trafficking of a child by force, fraud and coercion and have caused J.A. to suffer unimaginable abuse, pain, and suffering that she and her family will endure for the rest of her life. JURISDICTION AND VENUE Claimant brings this claim pursuant to Government Code Section 910 et seq. Any delay in bringing this claim is excused by the nature of the allegations against Respondents, Claimant a teenager being trafficked for sex by police officers and sheriff's deputies, ig excused. Th Respondents’ conduct is inapposite to state laws including, but not limited to, Penal Cod Section 236,2 and 236.5, and therefore Respondents are estopped from asserting the defense that Defendant failed to bring her claim timely. PARTIES L. Claimant is a teenage victim of statutory rape and sex trafficking, 2. Respondent City of Oakland is a municipal corporation and the employer of the named officers below. 3. Respondent Oakland Police Department is a department of the City of Oakland and the employer of the named officers below, 4. Respondent Oakland Police Chief Sean Whent was the police chief of the Oakland Polici Department during the time when Oakland Police officers were raping, victimizing, exploiting and trafficking J.A. Chief Whent had personal knowledge that J.A. was being sexually exploite as a minor and took no action to prevent the exploitation or to protect ILA. 5. Respondent Sgt. L.J Leroy Johnson failed to report sexual misconduct concerning J.A. 6, Named Police Officer respondents are 1) Officer B.B. 2.) Officer T.S.28 3.) Officer G.L. 4) OfficerG.A. 5.) Officer G.D. 6) Officer D.B. 7.) Officer 17. 8) Officer BL 9.) Officer W.U. 10.) Officer Brendan O"Brien (deceased) DOE DEFENDANTS 7. Claimant does not know the true names and capacities. whether indivi associate, or otherwise of Respondent Does 1 through 50 inclusive and ther Respondents by such fictitious names. Claimant will amend her claim to allege and capacities when this has been ascertained, RESPONDENT SUPERIOR 8. All of the deseribed conduct, acts, and failures to act are attributed! employees under the direction and control, and with the permission, consent and Respondent City and Agency. Said acts, conduct, and failures to act were with such ageney and/or employment, and each Respondent City and Agency ratifi omissions of each of the other Respondent City and Agency. Each of these act: act is alleged against each Respondent City and Agency whether acting individ severally. At all times relevant herein, each Respondent was acting within the c of his or her employment, STATEMENT OF FACTS 9. Claimant is a teenage vietim of sex trafficking. Prior to J.A, wing 18, Oakland Police Officer Brendan O'Brien (deceased) while she was running from 4 come into contact with a minor running from her pimp, Officer O’Brien was California Penal Code 236.2 to make certain inquires regarding L.A.’s wellbei ual, comporate. fore sues thesq ir true names to agents and uthorization o| \in the scope o} d the acts and and failures t ally, jointly, 0: uurse and seop. in 2015 she met pimp. Having ligated under ng. Instead of ont cuaim — 4protecting J.A. trom sexual exploitation, Officer O'Brien began sexually exploiting the mino LA. himself. 10. In addition to Officer O'Brien, Officer G.L. and other officers and deputies also sexually exploited J.A. when she was a minor, and continuing into 2016, afier she turned! 18, providing her protection and information about police business for sexual favors. None of them eve offered her information or help in escaping from sexual exploitation, 11, The following officers violated J.A.’s rights by sexually trafficking her between and among police officers and sheriff's deputies throughout the Bay Area or by failing in thei mandatory duty to report the abuse and thereby ratifying the conduct: 1. Police Chief Sean Whent Sat. LJ Leroy Johnson Officer B.B. Officer T'S. Officer G.L. Officer G.A. Officer G.D. Officer D.B. |. Officer J.T. 10. Officer B.L. 11. Officer W.U, 12. Officer Brendan O'Brien (deceased) away 12, After leaming that J.A. was a victim of sexual exploitation, the above referenced Chief Sergeant and Officers were obligated to protect her from trafficking and exploitation, Instea: they continued to exploit her by trading money, information, and/or protection for sex. Instead of helping J.A. find a way out of exploitation, they furthered and deepened her spiral down int the sex trade, By providing protection and information to J.A. in exchange for sex, Respondents, and each of them, ensured that J.A. would stay on the streets and be available for their sexual] exploitation. CAUSES OF ACTION 13, In taking these actions Respondents violated J.A.’s constitutional, federal, ind state rights. Claimant will seek compensation for the following violatis TORT CLAIM + &a. Federal Law i 18 U.S.C. § 1595_Forced Labor, Trafficking Into Servitude, Sex Trafficking of Children Force, Fraud, Coercion S.C. § 1584 Involuntary Servitude iii, 18 U.S.C. § 1961_Rackateer Influenced and Corrupt Organizations iv. 42 U.S.C, 1983—Monell-municipal liability based on final aathority v. 42 U.S.C. 1983—Monell-based on ratification. Vi, 42. U.S.C. 1983—Monell—based on policy, practice, custom, pattern vii, 42 U.S.C. 1983--Supervisory violation viii. 42 U.S.C, 1983—Conspiracy ix. 42 U.S.C. 1985 (2) ~ Conspiracy To Obstruct Justice Though Witness Tampering x. 42.U.S.C. 1985 (2) - Conspiracy To Obstruct Justice Though Spoliation Of Evidence xi, 42 U.S.C. 1986 - Failure To Prevent Or Aid In Preventing Wrong Acts b. State Law i, CAL. CIV. CODE § ii, Assault iii, Battery iv. False imprisonment v. Negligence vi. Intentional Infliction Of Emotional Distress vii. Negligent Infliction of Emotional Distress Action By Vietim Of Human Trafficking PRAYER FOR RELIEF For special and economic damages, including lost wages, for all Cduses of Action| in the amount of $66,000,000; For general and non-economic damages for all Causes of Action; For punitive damages for all Causes of Action against the individual defendants only; For prejudgment interest at the prevailing legal rate: For costs of the suit including reasonable attorney's fees; and For such other and further relief, including injunetive relief, as the Court may deem proper. TORT CLAIM - 7Dated: September 15, 2016 RESPECTFULLY SUBMITTED, LAW OFFICES OF BONNER & BONNER A. CabkaY’Bonner Attorney for Plaintiff TORT CLAIM = @