Editor's note: The
following is the full text of Attachments
B and C to Pointe 705's claim filed Jan. 22, 2004. The text below has been OCR'd from a
photocopy of the
filed original obtained from the office of the Hermosa Beach City
The text presented below is an exact word-for-word
the text of the original (and as a result contains profanity and ethnic
except that some confidential identifying information has been replaced
"[xxx]" and the indication "[sic]" (Webster's:
"...that an expression, spelling, or the like, exactly reproduces the
original.") has been inserted where appropriate.
CITY OF HERMOSA BEACH
did damage/loss/injury occur?
The first incident occurred on
September 20, 2003. Defendant Alkadis and another officer employed by
HBPD came into the club owned by Plaintiffs (Point 705). The officers
with Plaintiff Cecil Roberts, Jr, who identified himself as the new
asked him if HBPD officers would continue to receive food discounts as
under the previous ownership. The officers then left.
Defendants Alkadis and Averill came to the club to speak with Plaintiff
Jr. about a pool of soapy water that had formed down the hill from
Point 705. A
promoter was hosting a foam party at the club and the bag holding the
broke causing the water to run out onto the street and down the hill.
the promoter was in the process of cleaning up the water, Defendants
to write a ticket for every car which squealed as a result of the water.
Defendants asked to
see Plaintiff Cecil Jr.’s identification, he furnished his California
License, #[xxxxxxxx], and informed them that, his uncle, Plaintiff
Hur, was the only owner who’s [sic] name appeared on the ABC liquor license.
Plaintiff Cecil Jr. that he would be liable for the water on the street
though the promoter took full responsibility. Defendants also
charge him with a felony carrying fines of "at least $100,000.00.”
Defendant Averill repeatedly stated, “we don’t like people like you in
town”. “we are going to close you down,” and “I am going to do
shut you down.”
a.m., nearly three hours after arriving on the scene, Defendant Averill
a ticket to Plaintiff Cecil Jr. for illegal discharge of waste. Averill
the promoters for failure to carry proper documentation for the foam
a.m., Defendants falsely arrested Plaintiff Cecil Jr. for false
stemming from his earlier identification of himself as an owner.
Cecil Jr. was not Mirandized upon arrest, his request to speak with an
was declined, and he was never informed of the reason for his arrest.
Averill placed Plaintiff Cecil Jr. in the back of his squad car despite
fact that the police station was directly across the street.
the time of this
incident, Plaintiff Cecil Jr. had a seven and one-half centimeter tumor
brain that caused him to have severe seizures when his blood pressure
was at an
elevated level. Plaintiff Cecil Sr. informed Defendants of Plaintiff
Jr.’s condition and asked them to have a paramedic check on him because
hunched over in the back of the squad car. This request was denied.
Cecil Sr. request to go check himself was also denied.
Cecil Jr., in
fact, had a seizure while sitting in the squad car and was awakened by
Defendant Averill poking him in the chest with either an object or his
and pulling him out of the car. The next day, Plaintiff Cecil Jr. had a
in that area. Additionally, while in custody, Sergeant Averill
denied medical attention to Plaintiff Cecil Jr. despite knowledge of
existing medical condition.
never falsely identified himself; he presented his true California
License and his family does, in fact, own the establishment in
October 18, 2003, the charges were presented to and dropped by the
Attorney. Notice was immediately given to the Defendant Hermosa Beach
Department, who were responsible for forwarding the dismissal to
Instead, Defendants waited until the day of the hearing to mail the
Plaintiff Cecil Jr.’s home address in West Hills, CA. Relying on the
information on the citation, Plaintiffs believed that Cecil Jr. was
to appear in court and retained a lawyer to represent him in the
Obviously, the attorney could not find the matter on any calendar.
Defendants have constantly watched Plaintiffs. They park their police
directly across the street in front of the Point 705. Additionally,
have routinely stopped vehicles directly in front of Point 705 and/or
vehicles pull behind the club and into Plaintiffs private parking
harassment was done, and continues, to intimidate Plaintiffs and the
patrons inside. Any onlooker would think that police activity was
occurring at the club.
occurred on October 26, 2003. The promoter hosted a Hip Hop party and
the patrons were African American. An intoxicated patron was standing
street in front of Point 705 trying to hail a cab. Plaintiff Grace
noticed him and immediately told her security to get the man out of the
and help him get a cab. When the patron’s friends saw the man, they
attempted to get him out of the street. On his own, the man fell over
his friends and security to the ground with him. As soon as they got
Defendant Averill drove his car up to the front of the club. At that
Plaintiff Grace Roberts tried to explain to Defendant Averill that the
situation was under control and the patron was on his way home.
Averill ignored her and instead began yelling and screaming at her
he could smell marijuana “pouring from the club.” Plaintiff Grace
responded by telling him that there was no marijuana in the club and
could go in and check for himself.
Averill got on
the dispatch to call for additional officers and informed Plaintiff
Roberts that he was going to “shut this place down.” He told Plaintiff
that ever since she took over, the place was “$hit.” Defendant Averill
Grace to get rid of her patrons saying, “I don’t like these
people...get rid of
them...get rid of these troubles...,” referring to African Americans.
minutes, five police cars arrived.
705 and demanded to know the number of patrons inside because the club
overcrowded.” They found no violation. Plaintiff Cecil, Sr. asked
“why are you here?” and Defendant Averill responded that he was there
correct their attitudes.” He again stated that this was his town and he
slap them with fines for a number of things. Defendant Averill told
that if they did not shut up, they would be arrested. HBPD officers
Point 705 and did not smell or find any marijuana.
instructed Plaintiff Grace Roberts to turn down the music saying, “do
now or I’m going to write you up!” He continued, saying “I don’t like
Plaintiff Grace Roberts told Defendant Averill that he was being
he responded that he hears that “$hit” all of the time and it was not
fly. Defendant Averill repeatedly patronized Plaintiff Grace Roberts
tried to talk. Defendant Averill further told Plaintiff Grace Roberts
did not have to be nice or courteous because he was there to enforce
that she breaks. Defendant Averill told Plaintiff Grace Roberts that
council hates bars and is going to shut them down one by one,” and then
that he was going to “watch every move she made and the next time, he
shut the club down for good.”
October 30, 2003, Plaintiffs
met with Hermosa Beach Police Chief Michael Lavin, Captain Thomas
Lieutenant Lance Jaakola to discuss the above stated incidents. At this
meeting, each was put on notice of the behavior of their subordinates.
Eckert repeatedly assured Plaintiffs that there was “no conspiracy”
and that the behavior of their subordinates was a product their
with other club owners who play “shell games.” Chief Lavin promised to
investigate these incidents and guaranteed that such incidents would
in the future.
occurred on December 21, 2003. The promoter hosted a birthday party
majority of the patrons were African American. At approximately 10pm,
police officers came to Point 705 asking to walk through because they
Point 705 has really good music.” The officers parked their vehicles in
middle of the street directly outside of the front of the club with
Plaintiff Cecil Jr. arrived at the club. As soon as he stepped outside
club to speak with an employee, he was approached by HBPD officers.
him that they had received complaints of loud music and wanted to go in
check it out. Plaintiff Cecil, Jr. told them that the event was a
closed to the public and the building was locked. He further told the
that he would tell the DJ to lower the volume. Before the officers
opened up a small notebook filled with paper to make notes. Both
and an employee noticed that Plaintiff Cecil Jr’s business card was
the inside of the notebook.
night, a fight
broke out in the club. The manager called the police to assist in
people out of the club. Although the station is across the street, the
did not arrive immediately. By the time police arrived, the fight was
20-25 people were standing outside and/or walking to their cars.
recognized Defendant Phillips and approached him to tell him what was
and point out which persons were responsible. Defendant Phillips
saying “get the fu#k out of my face” and [sic] “get the fu#k out of my
“What part of stand back don’t you understand?” Defendant Phillips then
Plaintiff Cecil Jr. knocking the wind out of him. A witness (Security
Cyrus Keshmiri) stated that the officer “drew his baton and struck
Cecil Jr. in the chest very forcefully.” When Plaintiff Cecil Jr.
asking the officer “what is your problem?”, Defendant Phillips grabbed
Plaintiff Cecil Jr.’s arm.
officer motioned for Plaintiff Cecil Jr. to come to him and tell him
going on. Plaintiff Cecil Jr. asked what was Defendant Phillips’
problem and he
told Plaintiff Cecil Jr. that it was “his fault because he brought
to this town.”
Cecil Jr. went
back inside the club fearful after being further assaulted by Defendant
Phillips. His blood pressure went up and he immediately had to take
Dilantin. At this point, someone called “911” to request help for
Cecil Jr., but instead of the fire department or paramedics, more
officers arrived. Shortly after going back into the club, Cecil heard
there might be another fight in the parking lot. When he got outside,
Plaintiff Grace Roberts yelling at the HBPD police officers. Six HBPD
officers grabbed a young African American woman, threw her to the
hit her with batons and kicked her with their feet while she was on the
They handcuffed her and put her in the squad car, but she was later
witnessed the attack and went outside to tell the officers to stop. She
to them, “stop, you are going to kill her.” Defendant Alkadis
Plaintiff Grace Roberts and told her that she “knows what the problem
bring these ni##ers here”, “you bring these people to our town.”
light of what already
happened and his recent surgery, Plaintiff Cecil Jr. was scared to go
parking garage where the HBPD officers were. However, when he saw
Alkadis yelling at and in the face of Plaintiff Grace Roberts, he went
over to try
to get his mom back inside of Point 705.
asked Defendant Alkadis what the problem was and he said “you brought
people to this town.” He told Plaintiffs Cecil Jr. and Grace Roberts
were “irresponsible” and they “don’t know how to run this place” and
called them “ni##er lovers”. When Plaintiff Cecil Jr. told Defendant
that he could not talk to them like that, Defendant Alkadis responded
you going to do about it?” “I don’t care what happened to you,” “I
about your condition,” “you want me to arrest you again?”
fearing for Plaintiff Cecil Jr.’s safety, began pulled him back towards
Defendant Alkadis continued to provoke Cecil, saying “turn around and
away”, “what are you going to do?” In fact, several officers tried to
Defendant Alkadis back. A witness stated that the body language, tone
things said by the HBPD officers seemed more like a gang calling some
for a fight.
the emergency room where he was diagnosed as having a chest wall
caused by a bruise on his chest.
same night, someone
knocked over a container holding used oil that was left outside for
another business owner. The police told that owner that Point 705 had a
and “gang fight," saying that they were responsible for the oil spill.
Defendant further spread rumors about the “riot” throughout the
someone reported it to Plaintiff’s landlord.
Lavin, Captain Eckert
and Lieutenant Jaakola were put on notice of the behavior of their
officers and their inaction and failure to properly reprimand them
a ratification of said behavior.
CITY OF HERMOSA BEACH
What particular act or omission
do you claim caused the damage/loss/injury?
to Furnish Medical Care
Infliction of Emotional Distress
with Business Relations
and Federal Civil Rights Violations