CLAIM AGAINST THE CITY AND COUNTY OF SAN FRANCISCO

Before completing this form please read the instructions on the back. Untimely claims will be returned. Please submit
this form and supporting documentation to the Controller's Office, Claims Division, 1390 Market Street, 7th Floor,
San Francisco, CA 94102 in person or by mail.
*=REQUIRED ** = REQUIRED IF KNOWN
1. Claimant's Name and Horve Address (Please Print Clearly)
*J
A

2. Send Official Notices and Correspondence to:

*Law Offices of Bonner & Bonner

475
State

City
Telephon~

Daytime

Evening

B-irt-h-----~'

3_._o_a_te_o_f

._I

I!;

72

Gate Five Road, Suite

Zip

City Sausalito

Cellular

TeIep hone Daytime

415 331-3070

4. Social Security Number

212

State CA
Evening

94965

Zip
Cellular

~__o_a_te_o_f_l_nc-id_e_n_t---~' ~*Time of Incident

1.....

(AM or PM)

8. Claimant Vehicle License Plate#, Type, Mileage, and Year

Location of Incident or Accident

**

9. Basis of Claim. State in detail all facts and circumstances of the incident. Identify all persons, entities, property and City
departments involved. State why you believe the City is responsible for the alleged injury, property damage or loss.
*For All Related Information and Basis of Claim, please see attached.

Name, l.D. Number and City Department

of Citv Employee who alleaedlv caused iniurv or loss

Type of City Vehicle

~

Vehicle License Number and Bus or Train Number

ri<W

Please see attached

10. Description of Claimant's injury, property damage or loss
* Please see attached.

11. Amount of Claimant's property damage or loss and

method of computation. Attach supporting
documentation. (See Instructions)
ITEMS
*Please see attached.

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$ _ _ _ _ _ __
$
$

$ _ _ _ _ _ __

TOTAL AMOUNT
Court Jurisdiction:
12. Witnesses (if any) Name

Address

Limited (up to $25,000)

Unlimited (over $25,000) 0
Telephone

1. - - - - - - - - - - - - 2.
Do Not Write In This Space

09/29/2016
Signature of Claimant or Representative

Date

A. Cabral Bonner
Print Name

Attorne
Relationship to
Claimant
CRIMINAL PENALTY FOR PRESENTING A FALSE OR
FRAUDULENT CLAIM IS IMPRISONMENT OR FINE OR BOTH.
(PENAL CODE 72)

CA/FORM 02/14

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CHARLES A. BONNER, ESQ. SB# 85413

A. CABRAL BONNER, ESQ. SB# 247528
LAW OFFICES OF CHARLES A. BONNER
475 GATE FIVE RD, SUITE212
SAUSALITO, CA 94965
TEL: (415) 331-3070
FAX: (415) 331-2738
cbonner799@aol.com
cabral@bonnerlaw.com

SP3a

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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

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CLAIM FOR DAMAGES

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CLAIM FOR DAMAGES

J.A.,
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Government Code Section 910 et seq.

Claimant,
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vs.
CITY AND COUNTY OF SAN
FRANCISCO; SAN FRANCISCO POLICE
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DEPARTMENT; A.L. ; G.N.; R.D.; AND
DOES 1-50 INCLUSIVE,
Res ondents.

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INTRODUCTION

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Respondents are police officers, their supervisors and employers. They are required an
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empowered to protect the weakest among us. When weak and vulnerable victims come to the
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for support and protection they have the obligation to help, not further the horrors suffered b
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victims. Claimant J.A. was a victim, trapped in the sex trade since she was a minor. She wa
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exploited by pimps and made to sell her body for money. When she ran to Oakland Polic
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2s

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deputies' initials are used to protect their identities. Those officers and deputies whose names are already in
the press are used in other parts of the claim. A list of the deputies with the initials used for those deputies will be
served on the County Counsel with this claim.

TORT CLAIM - 1

Department Officer Brendan O'Brien seeking protection, he was legally obligated to help her

not exploit her. Instead of providing her a way out of her exploitation, Officer O'Brien and hi

fellow officers and deputies, continued to traffic, rape, victimize and exploit a teenage girl wh

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 place

in their permanent pe.rsonnel files."

"Each individual was found of [sic] committed one or more of the following offenses:

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attempted sexual assault, engaging in lewd conduct in public, assisting in the crime o

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prostitution, assisting in evading arrest for the crime of prostitution, accessing law enforcemen

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databases for personal gain, being untruthful to investigators, failing to report a violation of la

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or rules by not reporting allegations of a minor having or previously having sexual contact wi

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Oakland Police officers and bringing disrepute to the Oakland Police Department. In addition

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the City of Oakland issued notices of intent to suspend seven members of the Oakland Polic

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officers without pay and provide remedial training, for committing one or more of the followin

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offenses: failing to report a violation of law or rules by not reporting allegations of a mino

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having or previously having sexual contact with Oakland police officers, accessing la

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enforcement databases for personal gain, bringing disrepute to the Oakland police department.

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And lastly, in addition the City of Oakland issued a notice of intent to order counseling an

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training to one member of the Oakland Police Department for the following offence, bringin

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disrepute to the Oakland police department."

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While the comments by City of Oakland officials are directed to the wrongful conduct o

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their own officers ,and employees, they represent the nature of the conduct of all the officers an

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deputies involved who furthered the exploitation of the Claimant, including respondents.

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As a result of this illegal and despicable police misconduct, Alameda County Distric

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Attorney Nancy O'Malley is filing criminal charges against seven current and former la

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enforcement officers, including five from the Oakland Police Department.

TORT CLAIM - 2

While Alameda County District Attorney Nancy O'Malley's comments were directed a

the individuals whose criminal conduct occurred in Alameda County, her comments are equall

applicable to the officers and deputies from cities and counties outside of her jurisdiction.
Respondent police officers A.L., G.N., and R.D., their supervisors and city and coun

employers either directly engaged in, stood by with a blind eye, or acted to cover up this modem

day slavery of J.A. by their own sworn officers and employees in order to engage in sexlJ.al act

with her.

constitute unlawful forced labor, trafficking into servitude lllld sex f!!lffickin~, fraud

and have caused J.A. to suffer unimaginable abuse, pain, and suffering that she and her famil

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They coerced J.A. to continue such acts for her so-called protection. These act

and co~rcio .

will endure for the rest of her life.

JURISDICTION AND VENUE

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Claimant brings this claim pursuant to Government Code Section 910 et seq.

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in bringing this claim is excused by the nature of the allegations against Respondents. Claimant

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a teenager being trafficked for sex by police officers and sheriff's deputies, is excused. Th

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Respondents' conduct is inapposite to state laws including, but not limited to, Penal Cod

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Section 236.2 and 236.5, and therefore Respondents are estopped from asserting the defense tha

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Defendant failed to bring her claim timely.

PARTIES

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1. Claimant is a teenage victim of statutory rape and sex trafficking.

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2.

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Respondent City and County of San Francisco is a municipal corporation and the

employer of the named police officers below.

3. Named San Francisco Police officers, are:
1.)
A.L.
2.)
G.N.
3.)
R.D.

DOE DEFENDANTS
4. Claimant does not know the true names and capacities, whether individual, corporate
associate, or otherwise of Respondent Does 1 through 50 inclusive and therefore sues thes

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TORT CLAIM - 3

Respondents by such fictitious names. Claimant will amend her claim to allege their true name

and capacities when this has been ascertained.

RESPONDENT SUPERIOR

5. All of the described conduct, acts, and failures to act are attributed to agents an

employees under the direction and control, and with the permission, consent and authorization o

Respondent County and Agency. Said acts, conduct, and failures to act were within the scope o

such agency and/or employment, and each Respondent County and Agency ratified the acts an

omissions of e~ch_ofthe other Respondent COUJ1_ty and A~_~cy.

to act is alleged against each Respondent County and Agency whether acting individually

E~chof !he~e

a9tS

anc:l failure

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jointly, or severally. At all times relevant herein, each Respondent was acting within the cours

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and scope of his or her employment.

STATEMENT OF FACTS

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6.

Claimant is a teenage victim of sex trafficking. Prior to J.A. turning 18, in 2015 she me

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Oakland Police Officer Brendan O'Brien (deceased) while she was running from a pimp. Havin

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come into contact with a minor running from her pimp, Officer O'Brien was obligated unde

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California Penal Code 236.2 to make certain inquires regarding J.A.'s wellbeing. Instead o

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protecting J.A. from sexual exploitation, Officer 0 'Brien began sexually exploiting the mino

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J.A. himself.

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7. In addition to Officer O'Brien other officers and deputies also sexually exploited J.A.

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when she was a minor, and continuing into 2016, after she turned 18, providing her protectio

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and information about police business for sexual favors. None of them offered her information o

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help in escaping from sexual exploitation. Claimant alleges on information and belief tha

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respondents knew or should have known that J.A. was a victim of trafficking and failed to tak

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action to protect her. Instead, they furthered her exploitation by keeping her trapped in the se

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trade for their own sexual gratification.

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Respondents violated J.A. 's rights by sexually trafficking her between and among polic

officers and sheriff's deputies throughout the Bay Area, by coercing her into sexual acts fo

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TORT CLAIM - 4

protection from being criminally charged, or by failing in their mandatory duty to report th

abuse and thereby ratifying the conduct.

9. After learning that J.A. was a victim of sexual exploitation, the above reference

Respondent police officers were obligated to protect her from trafficking and exploitation.

Instead 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 spira

down into the sex trade. By providing protection and information to J.A. in exchange for sex

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Respondents, and each of them, ensured that J.A. would stay on_th.f? streeJs an.d be available fo

their sexual exploitation.

CAUSES OF ACTION

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10. In taking these actions Respondents violated J.A.'s constitutional, federal, and state
rights. Claimant will seek compensation for the following violations:
a. Federal Law
I. 18 U.S.C. 1595_Forced Labor, Trafficking Into Servitude, Sex
Trafficking, Fraud, Coercion
II. 18 U.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 authority
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. 1985-Conspiracy
1x. 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. StateLaw

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II.

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CAL. CN. CODE 52 -Action By Victim Of Human Trafficking

Assault
Battery
False imprisonment
Negligence
Intentional Infliction Of Emotional Distress
Negligent Infliction of Emotional Distress

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TORT CLAIM - 5

PRAYER FOR RELIEF

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in the amount of $18,000,000;

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For special and economic damages, including lost wages, for all Causes of Action

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For general and non-economic damages for all Causes of Action;

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For punitive damages for all Causes of Action against the individual defendants
only;

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For prejudgment interest at the prevailing legal rate;

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For costs of the suit including reasonable attorney's fees; and

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For such other and further relief, including injunctive relief, as the Court may

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deem proper.
Dated: September 29, 2016

RESPECTFULLY SUBMITTED,
LAW OFFICES OF BONNER & BONNER

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A Cabral Bonner
Attorney for Plaintiff

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TORT CLAIM - 6