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Litigation-City v. Owens
April 30, 1990 CERTIFIED MAIL Robert E. Owens & Associates P. 0. Box 3331 West Palm Beach, FL 33402 Re: 1.0 MG Clearwell Gentlemen: I have again been requested by L. C. Fortner of Public Utilities to request that you take some action to repair the leaks in the wall of the reservoir. Presently the leak results in a loss of 260,000 gpd of cannot afford to lose. The 1984 agreement you executed this problem to be corrected, and I would rather you get and do it than take it back to court in Case you to honor the settlement agreement. The am requesting you contact L. C. within five this letter. Kindest regards, JOHN R. COOK JRC:cb cc John Drago L. C. Fortner water we requires out here No. 80- 316 -CA to force choice is yours, and I (5) days of receipt of ‘„A c 333 1 F A c--') 2-c) C Lt 2_ 2...‘30, c)co ar„ 6k. 7lQ G1/u1 Lt Lc A V ),J (-t 100-J2_ —3/ (c) cA ctl; c..7-vi Lt, Y) --"e"- ) ( ( 3 (1,5/1./Ne 1 , 1 "" tu- c130 ,/,‘ /7 C.)•.,CA.A. Y.\ c /L-t , /1-1;=.1ku-r.74 A i.kixtz._ cZi-, Ci -6--17- cr TO: John Cook • THRII: John Drago / I/ THRE!: CITY OF OKEECHOBEE MEMORANDUM FROM: L.C. Fortner, Jr. reek' ■.r DATE: 1 -6 -89 SUBJECT: 1.0 MG Water Storage Tank Attached, are copies of the following items for your review and action: 1. Agreement between dated 2/10/84. 2. City letter to Mr. Don Shepherd 3. City letter to Mr. Don Shepherd 4. Mr. Don Shepherd letter to City 5. City letter to Mr. Don Shepherd 6. City letter to Mr. Don Shepherd Robert E. Owens and Assoc. and the City dated 9/1/87. dated 12/16/87 dated 12/18/87 dated 5/25/88 dated 10/4/88 The attached agreement states that Robert E. Owens and Assoc., is responsible for the cracks and leaks in the ground storage tank located at the Water Treatment Plant. During August, 1987, a leak was discovered by the operators at the W.T.P. This leak was reported to Mr. Don Shepherd by telephone on Aug. 31, 1987. Several letters have been sent by the City and several telephone calls have been made to Mr. Shepherd. As of this date no action has been taken by Mr. Shepherd to repair the leak. The City was losing approximately 260,000 gallons per day through the hole in the wall of the ground storage tank. The operators at the WTP have made a temporary patch to stop the loss of the water. A permanent repair must be made and this should be the responsibility of Robert E. Owens and Assoc. If you agree, please send a letter to Robert E. Owens and Assoc. and request their attention to this matter. Maybe your letter will capture their attention. Please let me know if you need any additional information and send me a copy of any correspondence. 77-f, Ak/ /.J 7/ a C4E' e a/ 4W se, r„ neeeJs A- 770,4AoN /11/4 -P L,4.L84..4 SETTLEMENT AGREEMENT THIS AGREEMENT, by and between ROBERT E. OWEN & ASSOCIATES, INC., hereinafter referred to as "Engineer" and City of Okeechobee Florida, hereinafter referred to as "City." WHEREAS, the City has brought an action in the Circuit Court in and for Okeechobee County, styled as CITY OF OKEECHOBEE, Plaintiff, vs. LAGROW IRRIGATION, INC., ROBERT E. OWEN & ASSOCIATES, INC., and CINCINNATI INSURANCE COMPANY, Defendants, Case No. 80- 316 -CA, the subject of which action is negligent design by Engineer which allegedly resulted in the cracking of the side walls of a water reservoir owned by City; and WHEREAS, the Engineer has denied the material allegations of the Complaint in such action, and the parties desire to settle their dispute without admissions on either side and without a trial of the cause. NOW, THEREFORE, it is agreed as follows: 1. Other than the agreement contained herein, the parties hereto release each other from any and all obligations and agree that the above referred to action shall be dismissed with prejudice with each party bearing its own costs. 2. In consideration therefor, Engineer agrees to conduct work at its expense on such water reservoir in accordance with the proposal of General Caulking and Coatings Co., Inc., attached hereto and made a part hereof. This work will be per- formed to the inside of the tank. In this regard, City agrees to draw down the water in the reservoir in such a manner as to make the work possible. 3. In addition to the foregoing work, Engineer agrees to paint the exterior of the reservoir above ground level and to further caulk and patch where necessary. 4. Upon execution of this agreement, Engineer agrees to enter into the necessary contract with General Caulking and Coatings Co., Inc., and will order the work to proceed as -soon as the draw down time can be arranged between General Caulking and City. 5. Engineer hereby warrants ,,ne reservoir against leaks from cracking fora period of twenty (20) years following the date of execution of this Agreement, and agrees to cause the repair of the same to prevent leaking during such period. Leaks are defined as actual leaking water from cracks appearing reservoir. Engineer further warrants for in the walls of the such period that no spelling will occur during such period on the walls of the tank and in the event that such does occur, Engineer will cause the same to be patched and repaired. Spalling is defined as separation of concrete from the reinforc- ing steel contained in the walls of the reservoir. 6. Engineer does not warrant against cracks and leakage caused from neglect or abuse or resulting from material alterations, or additions to the structure. The warranty contained herein pertains solely to the walls of the structure 1 and does not cover the roof and slab of the structure. 7. Ari materials used in the work to be performed on the interior of the reservoir will be E.P.A. approved materials. 8. Attached hereto, and made a part hereof, is a corporate surety bond of Engineer, guaranteeing the faithful performance of this Agreement to the extent of One Hundred Thousand Dollars ($100,000). 9. This Agreement is the entire agreement of the parties and there are no verbal or written memorandum forming a part of this Agreement. Executed by Robert E. Owen & Associates, Inc., this � Q ♦h day of February, 1984. ROBERT E. OWEN & ASSOCIATES, INC. ATTEST: Secretary Executed by City of Okeechobee, Florida, this day of February, 1984. 0 BY 0 COUNCIL MEMBERS Nick Collins Andy Rubin Oscar Thomas Dowling Watford. Jr. 1,00*1 OKEEChO 1. ` z Z it F / O R \O P /ll City of Okeechobee September 1, 1987 Mr. Don Shepherd Robert E. Owens & Associates P.O. Box 3331 West Palm Beach, Florida 33402 Re: 1.0 MG Clearwell Dear Z4r . Shepherd: Confirming our telephone conversation of August 31, 1987, concerning the leak at northeast corner of the 1.0 MG Clearwell. The water plant operators have estimated the leak to be approximately 60 to 70 gallons per minute and we are not sure when the leak began. We have removed as much earth as possible near the location of the leak and request that you or someone from your office visit the site and give some direction in the matter. Thank you for your attention to this matter and please contact this office if you need any additional information. Yours Truly fit" 4 Z Landon C. Fortner, Jr. MAYOR Oakland R. Chapman CITY CLERK Bonnie S. Thomas. C.M.C. 55 S.E. THIRD AVENUE • OKEECHOBEE, FLORIDA 33474 -2932 • 813/763 -3372 COUNCIL MEMBERS Nick Collins Andy Rubin Oscar Thomas Dowling Watford, Jr. December 16, 1987 ,•/OF OKEEC� = r i.. /1' City of Okeechobee Mr. Don Shepherd Robert E. Owens•& Assoc. Inc. P.O. Box 3331 West Palm Beach, Fla. 33402 Re: 1.0 MG Ground Storage Tank Dear Don: We received your information concerning the products made by 3M on October 22, 1987. Have you recieved any additional information concerning these products? It is very important that we correct this leak as soon as possible. Because of the demand on the capacity of the water treatment plant, I feel the only way this leak can be corrected while continuing water service, would be through the use of an underwater diver. MAYOR Oakland R. Chapman CITY CLERK Bonnie S. Thomas, C.Y.C. It is my understanding that the Crom Corporation, in Gainsville has successfully used this type of repair. Please give them a call and determine if in fact it was successful and will it work in our situation. Thank you for an early repair to our leak at the water treatment plant. Yours Truly e� Landon C. Fortner, Jr. 55 S.E. THIRD AVENUE • OKEECHOBEE, FLORIDA 33474 -2932 • 813/763 -3372 ROBERT E. OWEN, P.E. DONALD M. SHEPHERD, P.E. ERNEST L GREENE, A.S.LA. LAWRENCE A MATTHES, P.L.S. RALPH E. HAYDEN, P.E. DENIS H. POTIRIS, A.I.C.P. WARD L. MITZELFELD, P.L.S. ROBERT E. OWEN & ASSOCIATES, INC. ENGINEERS PLANNERS• SURVEYORS 2501 Bristol Drive Suite 11A Post Office Box 3226 West Palm Beach, Florida 33409 Telephone (305) 669 -6900 December 18, 1987 Mr. Landon C. Fortner, Jr. Director of Utilities City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 33474 -2932 • Re: . <1.0 MG Ground Storage Tank Dear Mr. Fortner: Lic 1337 Address Reply To: Post Office Box 3226 West Palm Beach, Florida 33402 I have received no further information on the 3M product. I had talked to Mr. Kelly at Western Water Proofing in Pompano Beach at (305) 974 -4677 who are the closest authorized applicators, and he said he would look at the site (field inspection) and get back to me. I will try again to obtain his input. Per your letter of December 16, 1987, I talked to Jim Neff at Crom Corporation. While they perform underwater diving to inspect or repair their own tanks, they are "not in the business" (insurance, etc.) He could not direct me to a diving concern. I am reluctant to deal with a diver unless he is aware of the public health safeguards. Have you talked to La Grow? To meet current conditions, I am thinking about old fashioned caulking from the outside with treated paper rope and caulking tools to stop the leak until tank level can be lowered to a point where workers can wade in hip boots and locate the leak from the inside (if possible). If located, and at the reduced head, "water plug" could be used on the inside to stop the leak and the outside caulking could remain or be removed and replaced with the 3M or other type sealant and followed up by "water plug" on the outside. Input from the 3M man would sure narrow the avenges available. Vejy truly D.M. Shep erd DMS /abs .� COUNCIL MEMBERS Nick Collins Andy Rubin Oscar Thomas Dowling Watford. Jr. City of Okeechobee May 25, 1988 Mr. Donald M. Shepherd Robert E. Owens & Associates, Inc. P.O. Box 3226 West Palm Beach, Florida 33409 Re: 1.0 MG Ground Storage Tank Dear Mr. Shepherd: MAYOR Oakland R. Chapman CITY CLERK Bonnie S. Thomas. C.M.C. Attached, is a copy of a letter from S.G. Pinney and Associates, Inc., relating to underwater inspection and repair. I do not know if they would be permitted to enter a tank holding drinking water, but you might want to give them a call. We have waited for some type of repair on the tank and determined to make a temporary repair on our own. We cut a section of an inner tube and with guide rods placed the rubber tube over the leak. The water flowing through the hole pulled the tube up to the wall and the water pressure in the tank holds the tube in place. It did not stop the leak completely but stopped at least 95% of it. We also measured the drop in the tank and calculated that we were losing at least 269,000 gallons per 24 hours or 186 gallons per minute. This was causing us many problems as we attempted to keep our tanks full of water with the warm weather approaching. As I stated, we have plugged the leak temporarily and need a permanent repair on the tank as soon as possible. Please keep us informed on the status of the repair. Thank you for your early attention to this matter. Yours Truly c ,1‘)/. andon C. Fortner, Jr. Director of Public Utilities 55 S.E. THIRD AVENUE • OKEECHOBEE, FLORIDA 33474 -2932 • 813/763 -3372 STEPHEN G. PINNEY. P.E. NORTHEAST JON R. CAVALLO. P.E. MID ATLANTIC LLOYD M. SMITH, Ph.D. SOUTHEAST JERRY D. BYRD, P.E. SOUTH CENTRAL STANLEY P. THOMPSON NORTH CENTRAL TED RUDAITIS, P.E. WEST COAST DONALD A. HILL. P.E. UNDERWATER ENGINEERING CHARLES A. VALLANCE CHARLES O. STUART. N.C.S. S.G. PINNEY & ASSOCIATES, INC. PROFESSIONAL ENGINEERS Mr. L. C. Fortner City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 33472 473 S.E. Verada Avenue Port St. Lucie, Florida 34983 -2233 (407) 879 -0574 May 20, 1988 Subject: Underwater Inspection, Maintenance and Repair Dear Mr. Fortner MEMBER: !AMERICAN COUNCIL OF ENGINEERING CONSULTANTS NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS NATIONAL ASSOCIATION OF CORROSION ENGINEERS STEEL STRUCTURES - PAINTING COUNCIL AMERICAN SOCIETY FOR TESTING AND MATERIALS S. G. Pinney & Associates, Inc. would like the opportunity to submit a proposal on your next project requiring Underwater Inspection, Maintenance, or Repair. The Underwater Engineering Services Division is uniquely qualified to support your effort in this area through the use of Underwater Inspectors, qualified in all aspects of Underwater Inspection, Maintenance and Repair, employing state of the art photographic and video equipment. Our personnel are prepared to assist your Engineers and Inspectors in writing inspection and QA procedures, conducting Underwater Inspection, Maintenance, and Repair, making maintenance and repair recommendations, documentation of findings and assembling final reports. Underwater Engineering Services Divers assigned to inspection are well acquainted with related engineering and maintenance requirements. In addition, S. G. Pinney & Associates' Engineering expertise is available as needed. S. G. Pinney & Associates, Inc., Underwater Engineering Services Personnel have over 10 years experience inspecting, repairing and maintaining Intake Structures, Traveling Water Screens, Water and Chemical Storage Tanks, Marine and Waterfront Structures,etc. Utilizing Divers is often overlooked in search of solutions to underwater repair or maintenance problems. In many cases divers reduce time and cost required for inspections and repairs. tir:INrFRintr. INCPF( (1N ANTI { INIIFRWATFR SFRVI(FS SPF('IAI ICTS IN CORROSION CONTROL S.G. PINNEY & ASSOCIATES, INC. PROFESSIONAL ENGINEERS Page 2 Mr. L.C. Fortner May 20, 1988 The enclosed brochure and portfolio give a general overview of S. G. Pinney & Associates' Underwater Services capabilities. If you would like to discuss our services in more detail please contact myself or Charles Vallance at our corporate office in Port St. Lucie, Florida at (407) 879 -0574. Sincerely, ack Glanville UNDERWATER ENGINEERING SERVICES Diving Supervisor Enclosures: Portfolio Underwater Engineering Services Brochure Intake Structure Maintenance Program COU CIL MEMBERS Nick Collins Andy Rubin Oscar Thomas Dowling Watford, Jr. City of Okeechobee October 4, 1988 Mr. Don Shepherd Robert E. Owens & Associates, Inc. P.O. Box 3331 West Palm Beach, Florida 33402 Re: 1.0 MG Ground Storage Tank Dear Mr. Shepherd: MAYOR Oakland R. Chapman CITY CLERK Bonnie S. Thomas. C.M.C. Attached, is a copy of a page from Rural Water Association Magazine, which showes a company that makes underwater repairs without drain- ing the tank. It is most important that the leak in the City's Clearwell be repaired as soon as possible. The resolution of this leak has been on the back burner too long and it needs your immediate attention. Please, let me know what has been or will be done to repair this leak. Your early response would be appreciated. Yours Truly Landon C. Fortner, Jr. ;fr Director of Public Utilities 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • 813/763 -3372 we have all felt a sense of hopelessness, anger, and frustration in the face of count- less, poorly run, and inconclusive meetings. As we approach a new century and the many challenges that the drinking water field, as well as other public utilities areas, will bring to us, we can rest assured that these meeting problems are not going to go away. Our future is going to be filled with more and more meetings. Perhaps we should try and give ourselves a better chance to succeed as we conduct the affairs of our towns and districts. Why not plan business meetings that work? 1. Have a purpose 2. Designate an individual to lead the meeting LOCK7DIVERS U/W PHOTOGRAPHIC INSPECTIONS CLEANING & REPAIR OF CLEARWELLS AND TANKS WITHOUT DRAINING ALSO REPAIR AND CLEANING OF INTAKES KNOB CREEK RD. WARTRACE, TN 37183 1 -800- 321 -DIVE IN OKLAHOMA (918) 485 -4717 FOR D'IPOlMAT10N CIRCLE (I) ON ENQUIRY CARD. 14 —RURAL WATER -- SLIMMER 1988 3. Establish who will participate 4. Brief the participants on their tasks 5. Announce the time, place and approximate duration of the meeting 6. Assemble the agenda and distribute to participants 7. Record the proceedings and ask for immediate transcription of the minutes 8. Have a designated leader implement the action items. By preparing ourselves and the meeting participants, we will have more effective IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 80- 316 -CA CITY OF OKEECHOBEE, Plaintiff, vs. ROBERT E. OWENS & ASSOC., et. al., Defendants. MOTION FOR ENFORCEMENT COMES NOW the City of Okeechobee, Florida, by and through undersigned counsel, and moves the Court for the entry of an order of enforcement of final judgment herein, and present the following to -wit: 1. That this litigation was settled on February 10, 1984 when the Defendant Engineer, Robert E. Owens & Associates, Inc., agreed to effect repairs to the City's reservoir, and warranted the repairs against leaks, cracks, and spalling for a period of twenty (20) years. (attached exhibit A) 2. That since this agreement, the reservoir has leaked considerably, the engineer has been requested to effect repairs, but refuses to respond. 3. That the guarantee is also backed by a performance bond in the sum of $100,000.00. 4. The City requests reasonable attorney fees and costs for this action. SUBMITTED this 4th day of October, 1990. JOHN R. COOK Attorney for Plaintiff 202 NW 5th Avenue Okeechobee, FL 34972 (813) 467 -0297 Fla. Bar No. 262951 CITY OF OKEECHOBEE MEMORANDUM TO: John Cook THRII: John Drago ip THRU: FROM: L.C. Fortner, Jr. At-- DATE: 1 -6 -89 SUBJECT: 1.0 MG Water Storage Tank Attached, are copies of the following items for your review and action: 1. Agreement between Robert E. Owens and Assoc. and the City dated 2/10/84. 2. City letter to Mr. Don Shepherd dated 9/1/87. 3. City letter to Mr. Don Shepherd dated 12/16/87 4. Mr. Don Shepherd letter to City dated 12/18/87 5. City letter to Mr. Don Shepherd dated 5/25/88 6. City letter to Mr. Don Shepherd dated 10/4/88 The attached agreement states that Robert E. Owens and Assoc., is responsible for the cracks and leaks in the ground storage tank located at the Water Treatment Plant. During August, 1987, a leak was discovered by the operators at the W.T.P. This leak was reported to Mr. Don Shepherd by telephone on Aug. 31, 1987. Several letters have been sent by the City and several telephone calls have been made to Mr. Shepherd. As of this date no action has been taken by Mr. Shepherd to repair the leak. The City was losing approximately 260,000 gallons per day through the hole in the wall of the ground storage tank. The operators at the WTP have made a temporary patch to stop the loss of the water. A permanent repair must be made and this should be the responsibility of Robert E. Owens and Assoc. If you agree, please send a letter to Robert E. Owens and Assoc. and request their attention to this matter. Maybe your letter will capture their attention. Please let me know if you need any additional information and send me a copy of any correspondence. SETTLEMENT AGREEMENT THIS AGREEMENT, by and between ROBERT E. OWEN & ASSOCIATES, INC., hereinafter referred to as "Engineer" and City of Okeechobee ' Florida, hereinafter referred to as "City." WHEREAS, the City has brought an action in the Circuit Court in and for Okeechobee County, styled as CITY OF OKEECHOBEE, Plaintiff, vs. LAGROW IRRIGATION, INC., ROBERT E. OWEN & ASSOCIATES, INC., and CINCINNATI INSURANCE COMPANY, Defendants, Case No. 80- 316 -CA, the subject of which action is negligent design by Engineer which allegedly resulted in the cracking of the side walls of a water reservoir owned by City; and WHEREAS, the Engineer has denied the material allegations of the Complaint in such action, and the parties desire to settle their dispute without admissions on either side and without a trial of the cause. 1 NOW, THEREFORE, it is agreed as follows: 1. Other than the agreement contained herein, the parties hereto release each other from any and all obligations and agree that the above referred to action shall be dismissed with prejudice with each party bearing its own costs. 2. In consideration therefor, Engineer agrees to conduct work at its expense on such water reservoir in accordance with the proposal of General Caulking and Coatings Co., Inc., attached hereto and made a part hereof. This work will be per formed to the inside of the tank. In this regard, City agrees to draw down the water in the reservoir in such a manner as to make the work possible. 3. In addition to the foregoing work, Engineer agrees to paint the exterior of the reservoir above ground level and to further caulk and patch where necessary. 4. Upon execution of this agreement, Engineer agrees to enter into the necessary contract with General Caulking and Coatings Co., Inc., and will order the work to proceed as -soon as the draw down time can be arranged between General Caulking and City. a ' / f 5.. Engineer hereby warrants ,.ne reservoir against leaks from cracking fora period of twenty (20) years following the date of execution of this Agreement, and agrees to cause the repair of the same to prevent leaking during such period. Leaks are defined as actual leaking water from cracks appearing in the walls of the reservoir. Engineer further warrants for such period that no spalling will occur during such period on the walls of the tank and in the event that such does occur, Engineer will cause the same to be patched and repaired. Spalling is defined as separation of concrete from the reinforc- ing steel contained in the walls of the reservoir. 6. Engineer does,not warrant against cracks and leakage caused from neglect or abuse or resulting from material alterations, or additions to the structure. The warranty contained herein pertains solely to the walls of the structure and does not cover the roof and slab of the structure. 7. Arl materials used in the work to be performed on the interior of the reservoir will be E.P.A. approved materials. 8. Attached hereto, and made a part hereof, is a corporate surety bond of Engineer, guaranteeing the faithful performance of this Agreement to the extent of One Hundred Thousand Dollars ($100,000). 9. This Agreement is the entire agreement of the parties and there are no verbal or written memorandum forming a part of this Agreement. Executed by Robert E. Owen & Associates, Inc., this 10 +h day of February, 1984. ROBERT E. OWEN & ASSOCIATES, INC. ATTEST: Secretary Executed by City of Okeechobee, Florida, this day of February, 1984. BY COUNCIL MEMBERS Nick Collins Andy Rubin Oscar Thomas Dowling Watford. Jr. City of Okeechobee September 1, 1987 Mr. Don Shepherd Robert E. Owens & Associates P.O. Box 3331 West Palm Beach, Florida 33402 Re: I.J MG Clearwell Dear M : Confirming our telephone conversation of August 31, 1987, concerning the leak at northeast corner of the 1.0 MG Clearwell. The water plant operators have estimated the leak to be approximately 60 to 70 gallons per minute and we are not sure when the leak began. We have removed as much earth as possible near the location of the leak and request that you or someone from your office visit the site and give some direction in the matter. Thank you for your attention to this matter and please contact this office if you need any additional information. Yours Truly _ e. Landon C. Fortner, Jr. MAYOR Oakland R. Chapman CITY CLERK Bonnie S. Thomas, C.M.C. COUNCIL )(EMBERS Nick Collins Andy Rubin Oscar Thomas Dowling Watford, Jr. December 16, 1987 City of Okeechobee Mr. Don Shepherd Robert E. Owens& Assoc. Inc. P.O. Box 3331 West Palm Beach, Fla. 33402 r.�: 1.0 MG Ground Storage Tank Dear Don: )(AYOR Oakland R. Chapman CITY CLERK Bonnie S. Thomas, C.LC. We received your information concerning the products made by 3M on October 22, 1987. Have you recieved any additional information concerning these products? It is very important that we correct this leak as soon as possible. Because of the demand on the capacity of the water treatment plant, I feel the only way this leak can be corrected while continuing water service, would be through the use of an underwater diver. It is my understanding that the Crom Corporation, in Gainsville has successfully used this type of repair. Please give them a call and determine if in fact it was successful and will it work in our situation. Thank you for an early repair to our leak at the water treatment plant. Yours Truly Landon L rortner, Jr. CC r T n11. ••• . ROBERT E. OWEN. P.E. DONALD M. SHEPHERD, P.E. ERNEST L GREENE, A.S.L.A. LAWRENCE A. MATTHES, P.L.S. RALPH E. HAYDEN, P.E. DENIS H. POTIRIS, A.LC.P. WARD L. MITZELFELD, P.L.S. ROBERT E. OWEN & ASSOCIATES, INC. ENGINEERS. PLANNERS • SURVEYORS 2501 Bristol Drive Suite 11A Post Office Box 3226 West Palm Beach, Florida 33409 Telephone (305) 689 -6900 December 18, 1987 Mr. Landon C. Fortner, Jr. Director of Utilities City of Okeechobee 55 S.E. Third Avenue Ok, .chobee, FL 33474 -2932 Re: 1.0 MG Ground Storage Tank Dear Mr. Fortner: Da 2 2 1987 Address Reply To: Post Office Box 3226 West Palm Beech, Florida 33402 I have received no further information on the 3M product. I had talked to Mr. Kelly at Western Water Proofing in Pompano Beach at (305) 974 -4677 who are the closest authorized applicators, and he said he would look at the site (field inspection) and get back to me. I will try again to obtain his input. Per your letter of December 16, 1987, I talked to Jim Neff at Crom Corporation. While they perform underwater diving to inspect or repair their own tanks, they are "not in the business" (insurance, etc.) He could not direct me to a diving concern. I am reluctant to deal with a diver unless he is aware of the public health safeguards. Have you talked to La Grow? To meet current conditions, I am thinking about old fashioned caulking from the outside with treated paper rope and caulking tools to stop the leak until tank level can be lowered to a point where workers can wade in hip boots and locate the leak from the inside (if possible). If located, and at the reduced head, "water plug" could be used on the inside to stop the leak and the outside caulking could remain or be removed and replaced with the 3M or other type sealant and followed up by "water plug" on the outside. Input from the 3M man would sure narrow the avenges available. V el_y truly ar D.M. Sheper. d DMS/abs COUNCIL MEMBERS Nick Collins Andy Rubin Oscar Thomas Dowling Watford. Jr. 111 /p* OKEfC; 1 • Ift:1!° • 7t- 11 t OR1O 111 City of Okeechobee May 25, 1988 MAYOR Oakland R. Chapman CITY CLERK Bonnie S. Thomas, C.M.C. Mr. Donald M. Shepherd Robert E. Owens & Associates, Inc. P.O. Box 3226 West Palm Beach, Florida 33409 Re: 1.0 MG Ground Storage Tank Dear Mr. Shepherd: Attached, is a copy of a letter from S.G. Pinney and Associates, Inc., relating to underwater inspection and repair. I do not know if they would be permitted to enter a tank holding drinking water, but you might want to give them a call. We have waited for some type of repair on the tank and determined to make a temporary repair on our own. We cut a section of an inner tube and with guide rods placed the rubber tube over the leak. The water flowing through the hole pulled the tube up to the wall and the water pressure in the tank holds the tube in place. It did not stop the leak completely but stopped at least 95% of it. We also measured the drop in the tank and calculated that we were losing at least 269,000 gallons per 24 hours or 186 gallons per minute. This was causing us many problems as we attempted to keep our tanks full of water with the warm weather approaching. As I stated, we have plugged the leak temporarily and need a permanent repair on the tank as soon as possible. Please keep us informed on the status of the repair. Thank you for your early attention to this matter. Yours Truly andon C. Fortner, Jr. )1 Director of Public Utilities STEPHEN G. PINNEY, P.E. NORTHEAST JON R. CAVALLO, P.E. MID ATLANTIC LLOYD M. SMITH, Ph.D. SOUTHEAST JERRY D. BYRD, P.E. SOUTH CENTRAL STANLEY P. THOMPSON NORTH CENTRAL TED RUDAITIS, P.E. WEST COAST DONALD A. HILL, P.E. UNDERWATER ENGINEERING CHARLES A. VALLANCE CHARLES O. STUART, N.C.S. S.G. PINNEY & ASSOCIATES, INC. PROFESSIONAL ENGINEERS Mr. L. C. Fortner City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 33472 473 S.E. Verada Avenue Port St. Lucie, Florida 34983 -2233 (407) 879 -0574 May 20, 1988 Subject: Underwater Inspection, Maintenance and Repair Dear Mr. Fortner MEMBER: AMERICAN COUNCIL OF ENGINEERING CONSULTANTS NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS NATIONAL ASSOCIATION OF CORROSION ENGINEERS STEEL STRUCTURES PAINTING COUNCIL AMERICAN SOCIETY FOR TESTING AND MATERIALS S. G. Pinney & Associates, Inc. would like the opportunity to submit a proposal on your next project requiring Underwater Inspection, Maintenance, or Repair. The Underwater Engineering Services Division is uniquely qualified to support your effort in this area through the use of Underwater Inspectors, qualified in all aspects of Underwater Inspection, Maintenance and Repair, employing state of the art photographic and video equipment. Our personnel are prepared to assist your Engineers and Inspectors in writing inspection and QA procedures, conducting Underwater Inspection, Maintenance, and Repair, making maintenance and repair recommendations, documentation of findings and assembling final reports. Underwater Engineering Services Divers assigned to inspection are well acquainted with related engineering and maintenance requirements. In addition, S. G. Pinney & Associates' Engineering expertise is available as needed. S. G. Pinney & Associates, Inc., Underwater Engineering Services Personnel have over 10 years experience inspecting, repairing and maintaining Intake Structures, Traveling Water Screens, Water and Chemical Storage Tanks, Marine and Waterfront Structures,etc. Utilizing Divers is often overlooked in search of solutions to underwater repair or maintenance problems. In many cases divers reduce time and cost required for inspections and repairs. S.G. PINNEY & ASSOCIATES, INC. PROFESSIONAL ENGINEERS Page 2 Mr. L.C. Fortner May 20, 1988 The enclosed brochure and portfolio of S. G. Pinney & Associates' give a general overview . If you would like to discuss ourdservicessin more detpaibl ilities contact myself or Charles Vallance at our corporate office in Port St. Lucie, Florida at (407) 879 -0574. Sincerely, ack Glanville UNDERWATER ENGINEERING SERVICES Diving Supervisor Encloures: Portfolio Underwater Engineering Services Brochure Intake Structure Maintenance Program COUNCIL MEMBERS Nick Collins Andy Rubin Oscar Thomas Dowling Watford, Jr. /of OK�ECy � 0 • z ! Iu I — 1 -mac— 11 O R 10',11a #1' City of Okeechobee October 4, 1988 Mr. Don Shepherd Robert E. Owens & Associates, Inc. P.O. Box 3331 West Palm Beach, Florida 33402 MAYOR Oakland R. Chapman CITY CLERK Bonnie S. Thomas, C.M.C. Re: 1.0 MG Ground Storage Tank Dear Mr. Shepherd: Attached, is a copy of a page from Rural Water Association Magazine, which showes a company that makes underwater repairs without drain- ing the tank. It is most important that the leak in the City's Clearwell be repaired as soon as possible. The resolution of this leak has been on the back burner too long and it needs your immediate attention. Please, let me know what has been or will be done, to repair this leak. Your early response would be appreciated. Yours Truly c_ Landon C. Fortner, Jr. Director of Public Utilities we have all felt a sense of hopelessness, anger, and frustration in the face of count - less, poorly run, and inconclusive meetings. As we approach a new century and the many challenges that the drinking water field, as well as other public utilities areas, will bring to us, we can rest assured that these meeting problems are not going to go away. Our future is going to be filled with more and more meetings. Perhaps we should try and give ourselves a better chance to succeed as we conduct the affairs of our towns and districts. Why not plan business meetings that work? 1. Have a purpose 2. Designate an individual to lead the meeting LOCK7DIVERS U/W PHOTOGRAPHIC INSPECTIONS CLEANING & REPAIR OF CLEARWELLS AND TANKS WITHOUT DRAINING ALSO REPAIR AND CLEANING OF INTAKES KNOB CREEK RD. WARTRACE, TN 37183 1 -800- 321 -DIVE IN OKLAHOMA (918) 485 -4717 FOR INFORMATION CIRCLE ()N ON INQUIRY CARD. 3. Establish who will participate 4. Brief the participants on their tasks 5. Announce the time, place and approximate duration of the meeting 6. Assemble the agenda and distribute to participants 7. Record the proceedings and ask for immediate transcription of the minutes 8. Have a designated leader implement the action items. By preparing ourselves and the meeting participants, we will have more effective IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 80- 316 -CA CITY OF OKEECHOBEE, Plaintiff, vs. ROBERT E. OWENS & ASSOC.,et. al., Defendants. NOTICE OF HEARING TO: ROBERT E. OWENS & ASSOC., INC. P. O. Box 3331 West Palm Beach, FL 33402 YOU ARE HEREBY NOTIFIED that the undersigned will call up for hearing the following matters: DATE: November 5, 1990 TIME: 9:45 AM JUDGE: William Hendr: PLACE: Okeechobee County Courthouse SPECIFIC MATTERS TO BE HEARD: Motion For Enforcement KINDLY GOVERN YOURSELVES ACCORDINGLY. I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing was furnished by U. S. Mail to the above named addressee this 4th day of October, 1990. JOHN R. COOK Attorney for Plaintiff 202 NW 5th Avenue Okeechobee, FL 34972 (813) 467 -0297 Fla. Bar No. 262951 April 30, 1990 CERTIFIED MAIL Robert E. Owens & Associates P. O. Box 3331 West. Palm Beach, FL 33402 Re: 1.0 MG Clearwell Gentlemen: I have again been requested by L. C. Fortner of Public Utilities to request that you take some action to repair the leaks in the wall of the reservoir. Presently the leak results in a loss of 260,000 gpd of water we cannot afford to lose. The 1984 agreement you executed requires this problem to be corrected, and I would rather you get out here and do it than take it back to court in Case No. 80- 316 -CA to force you to honor the settlement agreement. The choice is yours, and I am requesting you contact L. C. within five (5) days of receipt of this letter. Kindest regards, JOHN R. COOK JRC:cb cc John Drago L. C. Fortner 6 — /2.—qo As 01 11"ii 3 NA Mig Na 7 LAWRENCE 1. BASS JOHN J. BULFIN CHARLES R. CRISPELL JOSEPH R. FIELDS, JR. KAY S. HOFF ROBERT D. MOSES KENNETH M. ROBIN JOHN P. WIEDERHOLD LAW OFFICES WIEDERHOLD, MOSES 8c BULFIN PROFESSIONAL ASSOCIATION P. O. BOX 3918 COMEAU BUILDING • SUITE 700 319 CLEMATIS STREET WEST PALM BEACH, FLORIDA 33402 September 14, 1989 Ms. Amy L. Malzahn Claims Examiner Scottsdale Insurance Company Post Office Box C -4120 Scottsdale, Arizona 85261 TELEPHONE (407) 659 -2296 BROWARD TELEPHONE (305) 763-5630 FAX (407) 659 -2865 Re: Claim No. : „4--- , 55-46 Insured : City.' of Okeechobee Police Dept. Claimant : `--Laszter Rush D /Loss 7/19/87 Dear Ms. Malzahn: Enclosed find a copy of a letter I recently received from Brian Hartman, Assistant Chief of Police in Roseto, Pennsylvania. As you can see the files in Roseto show that Mr. Rush was entered in their books as a missing person, and not as a wanted person. It seems that something must have gotten mixed up in translation of the message from Roseto to Okeechobee. By copy of this letter to the Okeechobee Police Department I am asking for their help in straightening this out. I will keep you advised. Very truly yours, WIEDERHOLD, MOSES & BULFIN, P. A. By JJB /ad 1782/603 cc: John R. Cook, Esquire John Drago, City Adm. Chief Mobley enclosure John J. Bulfin CHARLES C. ANGELIN1 Mayor POLICE DEPARTMENT Borough of Roseto Roseto, Pennsylvania 18013 John J. Bulfin, Esq. Wiederhold, Moses & Bulfin, P.A. 319 Clematis Street, Suite 700 W. Palm Baech, Florida 33L01 Thomas Cuono gosmarEnamm Chief 01 Police Sept. $, 19$9 Dear Mr. Bulfin: As per our phone conversation, please find enclosed a copy of the FBI /NCIC Off Line Search. This search clearly shows that Mr. Rush was entered by our officer as a Missing Person (DISA) and not as a Wanted Person. If I can be of any further assistance to you, please feel free to contact me at any time. Very truly yours, Brian C. Hartman Asst. Chief of Police • Roseto Police Dept. Roseto, Pa. lit 917.2i13-zDA _ __NAM ELDE2 _RCCImiuvr: 13141/2611 UTE: 8I26/89_ 0 53 22503306 87199 1101EmP 8M1-050 jmo,PAO4R2200.RuSH,LEStER.M.W..011038..5C8.160.PLU.BLN.......0389'39,40.PA-9004P.0718 f31Q22,Q3_0_.euf;'-dt kas. Kii...21„,l_Coatafi.ttrzo 3 9_31.83 „8,3_01_ 1) RP 53 ?_2j1_0__33_MA all 99_ as,.[■••/;•ffilew, Ma 2.1.11a,1■•0.• PAc482200 tlIED113 LER 11 I C 1125 FLU 3 110._ - - - *//....1.4[71.07,ZOW•pp ..1111•MINEMMel1M■9•Vet•WAr.111•11MalirialatIrlisIMPIIMIMV-..,..••••.:,■.41MSIIIMO.....11111y..71,/, 2 0 53 12342895 87200 1 53 12342932 87200 R3W/: _1314/2 &LI ATE ..43 12618.9 ___ 1101XMP 8M1029 .XM.PA0482200.NAM/RUSH,LESTER.00A/8707203C8.071987 1101XMP 8MT029 CANCEL NAM/RUSH,LESTER 0CA/870720308 LAWRENCE I. BASS JOHN J. BULFIN CHARLES R. CRISPELL JOSEPH R. FIELDS, JR. KAY S. HOFF ROBERT D. MOSES KENNETH M, RUBIN JOHN P. WIEDERHOLD LAW OFFICES WIEDERHOLD, MOSES & BULFIN PROFESSIONAL ASSOCIATION P. 0. BOX 3918 COMEAU BUILDING • SUITE 700 319 CLEMATIS STREET WEST PALM BEACH, FLORIDA 33402 November 21, 1988 John Drago, City Administrator City Hall 55 SE Third Avenue Okeechobee, Florida 34974 Re: Rush v. City of Okeechobee Dear Mr. Drago: Please be advised that this office has been retained by your insurance carrier to represent you in connection with the above captioned lawsuit. During the pendency of this litigation, it is frequently necessary to contact you for information; therefore, it is _quested that you keep us adviGeu should you move or have occasion to be out of town for an xtended period of time. If any information comes to your attention which you feel would be helpful in defending this matter, please contact us immediately or, in the alternative, contact a representative of your insurance company. Should this case proceed to trial, it will be necessary for you to appear and to testify. Failure to do so would result in a breach of your insurance contract. It is essential that you do not discuss this matter with anyone other than a member of this law firm or a representative of your insurance company. Please refer anyone who may contact you to this office. If you have any 9Ustions or wish to discuss this matter more detail, please feel free to contact me. Very truly yours, WIEDER OLD, MOSES & BULFIN, P.A. By JJB /ad 172R/603 enclosure CERTIFIED MAIL RETURN RECEIPT REQUESTED Joh ad/1782/603 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF PLORIDAA LESTER RUSH, Plaintiff, vs. CASE NO.: SO-14187 CIT-SLOCE CITY OF OKEECHOBEE, a Political Subdivision of the State of Florida, WILLIAM J. SAWS, and K.M. REEVES, Defendants. DEFENDANTS' ANSWER PLAINTIFF COME NOW, the Defendants, CITY OF SAUM, and K. M. REEVES, and file thliFAIMI follows: 1. Denied. 2. Denied for lack of knowledge, 3. Admitted. 4. Denied for lack 6f, knowledge. 5. Denied for lack of knowledge. 6. Denied. 7. Denied. 8. Denied. 9. Denied. 4 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. NNW P;Y 18 U.S.C.A. Sec..242 - MOTION TO DISNIO The Plaintiffs have failed to state a Cause o action under Chapter 18 U.S.C.A. Sec. 242 because there are no4acts alleged which would bring this claim under that,Statut, Chapter 18 U.S.C.A. Sec. 242 deals with deprivation of right of being an alien, or by reason of color or re been alleged that the Plaintiff is an alien -or .t deprived of his civil rights due to his therefore, the cause of action under Chapter Is U. must fail. on the bailie FIRST ATPIRl1A'7I That the doctrine of comparative negligence action and the Plaintiff should be precluded according to any negligence that a jury may assign SECOND AP ?IRI flfl That at all times material hereto■`the P1 recipient of personal injury protection benefit from other collateral sources. These' Defendants entitled to a setoff or reduction in thet rendered against them. THI*1 ATFIR *Ufl That at all times material the Def■a act cause and without unreasonable force in It hest he has been or reap • .A. Se .. ,242 lies to this from reoovey him. tiff Mts the and benefits th.reft +e, any vect with probable rrest es the ludediro. the Plaintiff and, therefore, the Plaintiff is recovery against these Defendants. FOUR!' WI P, That whatever force may have the oniliii4:to in arresting the Plaintiff, said force was reasonable and necessary and was provoked by the actions of the Plaintiff. Therefore, the Plaintiff is precluded from recovery against these l'efendants. WHEREFORE, it is requested that this Court dismiss the action based upon Chapter 18 U.S.C.A. Sec. 242 with prejudice and a jury trial is hereby demanded on all other allegations. I HEREBY CERTIFY that a true copy of the forsing has been furnished by Mail, this 21st day of November, 1944 to GEORGE OLLINGER, ESQUIRE, 1627 U.S. Highway One, Sebastian Suites 815, Sebastian, Florida 32958. WIEDERHOLD, NODS 4 >ULJIN, P.A. Suite 700, Comeau ,ui2iing 319 Clematis *rest Post Office 105 3919 West Palm Beam , Flo 33402 (407)659,2296 OreMia ) 763 -5630 Attorneys for Sof CITY OW o eCioaPR . 4A0N Ago, 8 By -4- ad/1782/603 IN THE UNITED STATES DISTRICT COURTJ,, FOR THE SOUTHERN DISTRICT OP FLORIDIC, LESTER RUSH, Plaintiff, VS. CASE NO.: 01-141117:k, CIIIP-SLOCN4: CITY OF OKEECHOBEE, a Political Subdivision of the State of Florida, WILLIAM J. SAUM, and K.M. REEVES, Defendants. MEMORANDUM OF LAW IN SUP CLAIM UNDER 4. COME NOW the Defendants and move this dismissing the Plaintiffs' claim', under 242, and state as follows: 1H 1) Chapter 18 U.S.C.A. Sec. 242 Id k for all! It 4 "Deprivation of rights under 004ww wg , Whoever, under color of anetiMOir or custom, willful* subjeeti State, Territory, or Distrie,te rights, privileges, or i by the constitution or la different punishments, psi of such inhabitant being an, color, or race, than are preeer of citizens, shall be fined not more than41,000 or imprisoned not more than one year, or both, and if death results shall be subject to imprisonment for any term of years or for life." This Statute clearly requires that a person his rights on account of being an alien or by rea or race. There are no allegations in Ow Plaintiff was an alien or that he was beingrdiscr because of color or race. 2) Chapter 8 U.S.C.A. 3c. 1101 (1 ) follows: "The term "alien" means any per national of the United Status." Although this definition is not con ,** of hip nt definition of alien cont,.... in cher S s ce persuasive. 3) In order to state a cause of aeikon „If U.S.C.A. Sec. 242, the Plaintiff must pi .444,, discriminated against because he was an' &nip or color or race. Because these allogiatioas have son the cause of action under Chapter 1$ U.S.C, $C. and this Court should disiiss the alai* wi4:Aprej WHEREFORE, the Defendants request thebr'tbis Order granting the Defendants' Notion to DidOiss it pertains to the claim under Ch*r 1, I HEREBY CERTIFY that a true oopir °ribs fo furnished to GEORGE OLLINGER, mum, 1427 t entirjOad ttmpl • 24 -2- nq Sebastian Suites, #15, Sebastian, Florida 3295 by Mail, this 21st day of November, 1988. WISii=RSO D, Suite Mt 311 Clematis Post Office West paMa (407)43 ;22 Attorney, f OKRICNObil. A0 44U t1 ev. 5/85) Summons in a Civil Action nits , bates w,,,z * M VI N. WALDRON CERTIFIED PROCESS SERVER 19th JUDICIAL /CIRCUIT / 47- eFF Y9trict (Ed SOUTHERN DISTRICT OF FLORIDA LISTER RUSH, Plaintiff, v. CITY OF OKEECHOBEE, a political subdivision of the State of Florida; WILLIAM J. SAUM: and K.M. REEVES; Defendants, TO: (Name and Address 01 Defendant) K.M. REEVES By Serving: At . SUMMONS IN A CIVIL ACTION CASE NUMBER: 88- 1 CIV -ZLOCH CHIEF MOBLEY Liason Officer of the City of Okeechobee Police Dept. 55 S.E. 3rd Avenue Okeechobee, Florida 34974 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY (name and address) GEORGE OLLINGER, RSQ. 1627 U.S. Hwy. 1 Sebastian Suites #15 Sebastian, Florida 32958 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. ROBERT M. MARCH OCT 2 5 1988 3LERK DATE 3Y DEPUTY CLERK q AO 440 ;Rev. 5/85) Summons in a Civil Action RETURN OF SERVICE r.r a_ Service of the Summons and Complaint was made by mel DATE NAME OF SERVER TITLE Check one box below to indicate appropriate method of service ❑ Served personally upon the defendant. Place where served • Left copies thereof at the defendant's dwelling house or usual 9 ' i , ' discretion then residing therein: Name of person with whom the summons and complaint ❑ Returned unexecuted: place of abode with a person of suitable age and were left• ❑ Other (specify). STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server 1) As to who may serve a summons sec Rule 4 of the Feder of CIvIl Procedure. /, hlY'AD'� ItIED PROCESS SERVER JUilICIAL CIRCUIT SERVED ON/ / 8 S /4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUITTERN DISTRICT OF FLORIDA. LESTER RUSH, Plaintiff, v. CITY OF OKEECHOBEE, a Political Subdivision of the State of Florida; WILLIAM J. SAUM; and K.M. REEVES; Defendants, COMPLAINT 88 -14187 CIVIL CIV -ZLOCH CASE NO: JUDGE: DIV.. (-3 DOCKET NO: r- 1 ,.._ Plaintiff, LESTER RUSH, by and through his undersigned attorney, sues the Defendants, CITY OF OKEECHOBEE, Florida, a politicial subdivision of the State of Florida; WILLIAM J. SAUM; and K.M. REEVES; and alleges the following: 1. This is an action in excess of $30,000.00. 2. Plaintiff is a resident, and domiciled, in the State of Pennsylvania. 3. Defendant, CITY OF OKEECHOBEE, is a political subdivision of of the State of Florida. 4. Defendant, WILLIAM J. SAIJ4, is a resident and domiciled in the State of Florida. 5. Defendant, K.M. REEVES, is a resident of and domiciled in the State of Florida. 6. This court has Diversity Jurisdiction pursuant to 28 USCS Sec. 1332. Plaintiff is a citizen of the State of Pennsylvania and the Defendants are citizens of the State of Florida. 7. Jurisdiction is also conferred upon this court because this cause involves a, "Federal Question ". The Plaintiff was beaten and injured by City of Okeechobee Policement, Defendants in this action. Wiley v. Memphis Police Dept. (1977, CA6 Tenn.) 548 F2d 1247, cert den 434 US 822, 54 L Ed 2d 78, 98 S Ct 65. 8. A Federal Question is involved in this cause because the Defen`iints violated he Plaintiff's Federal Civil Rights, as guaranteed to the Plaintiff pursuant to L-ho. Civil Rights A01- of 1964 9. A Federal Question is involved in this action pursuant to 28 USCS Sec. 1331, because the Defendant City, City of Okeechobee, Florida, and its policmen, Defendants, William J. Saum and K.M. Reeves, beat and injured the Plaintiff. 10. The City of Okeechobee, Florida and Bill Gunter, as the Insurance CommissionE of the State of Florida were sent a Demand and Notice by Certified Mail pursuant to the Notice of Claim Statute, Florida Statute Section 768.28 on February 1, 1988; and they have not responded to said Notice and Demand. Therefore, their lack of response to said statutory Notice and Demand to settle this claim is deemed to deny said settlement demand. It has been more than six months since this Notice and Danand pursuant to Florida Statute 768.28 et seq. was sent to them via certified mail. 11. Plaintiff has complied with all the requirements of the Notice and Claim Statute, Florida Statute 768.28 et seq.; and Defendants have denied the same. 12. Florida Statute Section 768.28 et seq. waives sovereign immunity for the State of Florida and its subdivision or agencies. Defendant, City of Okeechobee is a subdivision of the State of Florida. 13. This action is a tort action for negligence against the City of Okeechobee and its employees, William J. Saum and K.M. Reeves; and for William J. Saum and K.M. Reeves acting bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard for the human rights, safety, property and federal civil rights of the Plaintiff, Lester Rush. 14. At all times material hereto, Defendants, SAUM AND REEVES, worked as em- ployees for the Defendant, CITY OF OKEECHOBEE, as policemen. 15. .On July 19, 1987, at approximately 11•:43 A.M., at 1307 South Parrott Avenue, Lot 15, in the City of Okeechobee, County, Florida, the Defendants, SAUM and REEVES, while working as anployees /policemen for the City of Okeechobee, Florida arrested and jailed the Plaintiff. 16. This arrest was a wrongful arrest and the Plaintiff was wrongfully jailed. 17. There was no valid reason or probable cause for the Defendants to arrest and jail the Plaintiff. 18. During this arrest, Defendants, SAUM and REEVES, beat up the Plaintiff. 19. During this arrest, the Plaintiff told the Defendants, SAUM and REEVES, to take it easy on the Plaintiff because the Plaintiff was handicapped and had two (2) artificial that Plaintiff had to walk with the assistance of a cane, the Defendants, SAM and REEVES, forced the Plaintiff to wald without his cane, even after the Plaintiff had pleaded with the Defendants to not make him walk without his cane 20. That during this wrongful arrest, Defendants, SAUM and REEVES, were so rough with the Plaintiff, they pulled his arm out of its socket. That they took the Plaintiff's arm and bent it back around his back and up to his neck as pushed and threw him up against his car; and then they handcuffed him. They un- necessarily used too much force in making this wrongful arrest. 21. Plaintiff asked Defendants, SAUM and REEVES, to not take his wallet out of his pants because his cards and personal items would spill onto the street. SAUM and REEVES pulled the wallet out anyway, and the cards and other items did spill onto the street; and Plaintiff had to pick them up while still and without the assistance of his cane, which he badly needed but was deprived of by SAUM and REEVES. 22. Defendants forced the Plaintiff to walk without the use of his cane. Plaintiff had both of his hips replaced any should not walk without his cane. Defendants were prewarned about the Plaintiff's weak hips and hip replacement before they went out laokinq for him and a:r 'sated him, Defendants were told told about the Plaintiff's weak hips by the Roseta, Pennsylvania Police Depart- ment and the by the Plaintiff's sister. 23. Defendants forced the Plaintiff to walk without his cane during the entire arrest, including walking up two flights of stairs at the jai.lhouse with- - ot the use of his cane, nor could the Plaintiff use the handrails because the kept the Plaintiff's hands cuffed behind his back even though the Plaintiff beg ged the Defendants to let him use his cane and to not use the hand cuffs, or at allow him the opportunity to use the handrails for assistance while walking up up the stairs. 24. Plaintiff also asked not to be handcuffed because his pants would fall down; and when Plaintiff was forced to walk while handcuffed, his pants did fall down; causing him further embarassment and humiliation. 25.After Plaintiff was arrested and taken into custody, the Defendants stataj to the Plaintiff that they had made a mistake. That they really should not have pulled the Plaintiff over. 26. Defendants then said to the Plaintiff that they wanted him to leave the City of Okeechobee immediately. Defendants then made sure the Plaintiff left the City of Okeechobee immediately by following him out to the city limits /border and watching him leave. The Defendants would even allow the Plaintiff to stop at his brothers house in the City of Okeechobee even though the Plaintiff specifically asked the Defendants to allow him to do this because Plaintiff had driven all the way from Roseta, Pennsylvania to the City of Okeechobee to visit his brother. Defendants arrested and jailed the Plaintiff in front of his brother's house when the Plaintiff had just gotten into the City of Okeechobee to start his visit with his brother. 27. Defendants made sure that Plaintiff left the City of Okeechobee right away without seeing his brother so that the Plaintiff could not tell his brother that the what the Defendants had done to the Plaintiff; and that the Defendants had negligently, falsely and maliciously arrested and imprisoned the Plaintiff, and that the Defendants had maliciously and seriously injured the Plaintiff during this arrest. 28. Defendants did not even allow the Plaintiff to seek medical treatment; but forced the Plaintiff out of town to only protect themselves and their inter- ests. NEGLIGENCE 29. The aforesaid conduct by the Defendants consists negligence by there against them. 30. That said negligence was a directand proximate cause of the Plain- tiff's injuries as stated in this complaint. 31. That the Defendants also told the Plaintiff that he had to return home to Roseta, Pennsylvania immediately because his wife was having a nervous breakdown; all of which was a lie and not true, only said to the Defendant to cover up the illegal and negligent conduct of the Defendants. 32. The Defendants, SAUM and REEVES, acted in bad faith, with a malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety and property of the plaintiff. 4 DAMAGES 33. The Plaintiff was injured as follows as a direct and proximate cause of the negligence of the defendants: Plaintiff's rotator cuff was torn and his shoulder was dislocated. This injury is permant and disabling. Plaintiff will have a permanent limited range of motion in his arm. He will not be able to lift his arm up over his head forever. Plaintiff's hip condition was made worse and weaker. Defendants negligence caused injury to the Plaitiff's back which is another permanent injury from this arrest and imprisonment. Plaintiff's hips, back, arms, and shoulders are still hurting from this incident. 34. AS a result of the Defendants' negligence, plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental an- guish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the fut- ure. WHEREFORE, Plaintiff demands judgment for damages, costs of this action, trial by jury and any other relief this court deems just, against the defendants. 5 18 U.S.C.A. Sec. 242 35. Defendants violated federal law, 18 U.S.C.A. Sec. 242 (Deprivation of Rights Under of Color of Law) when they arrested the Plaintiff and physically abused him as stated herein. 36. Defendants, City of Okeechobee, and its police force, via Defendants SAUM and REEVES, deprived the Plaintiff of the excercise of his, "rights, privileges and /or immunities secured and protected by the Constitution and Laws of the United States." 37. Defendants, illegally arrested the Plaintiff, then physically abused, assaulted and battered him, then, "ran him out of town" by demnading that Plaintiff immediately leave the City of Okeechobee without giving him time to say goodbye to his brother, a resident of the City of Okeechobee, and followed the Plaintiff to the City borderline to make sure Plaintiff left town immediately. These .defendnant /police officers for the City of Okeechobee did this because they ad- mitted to the Plaintiff that they had made a mistake in arresting, detaining and physically abusing him; and that the Plaintiff was free to go but must leave the City of Okeechobee inauediately so that these defendants cound cover -up their mis- take and possibly get away with these negligent, tortious and criminal acts perpe- trated against this handicapped Plaintiff, who is crippled and needs the assistance of a cane to walk. 38. Defendants treated the Plaintiff i this said negligent, tortious and criminal manner because Plaintiff was an alien to the Cityof Okeechobee and a re- sident of the State of Pennsylvania, an, "Outsider". 39. Had the Plaintiff been a resident of the City of Okeechobee, these de- fendants would not have arrested, physically abused or treated the Plaintiff in a negligent and tortious manner. 40. Defendants subjected the Plaintiff to different punishment, pains and penalties on account of Plaintiff being an alien to the City of Okeechobee. WHEREFORE, Plaintiff demands judgment for damages, costs of this action, trial by jury and any other relief this court deems just, against the Defendants. GEORGE OIL NGER ESQ. Attorney for Plaintiff 1627 U.S. Hwy. 1 Sebastian Suites #15 Sebastian,Florida 32958 7 ,rya. — AO-440 (Rev. 5/85) Summons in a Civil Acti(y,.e LFSTER RUSH, MEfivlrf iV lALDPON Pr PROCLs1 EfPYfQ 1 1)th ti 4C+AL ('Ii;CUIE SERVED ON/724 / ",2 f1",* uitr tat.e, 3itrirt (Court SOUTHERN DISTRICT OF JIORIDA Plaintiff, v. CITY OF OKEEC.HOBEE, a political subdivision of the State of Florida; WILLIAM J. SAUM; and K.M. REEVES; Defendants, TO: (Name and Address of Defendant) WILLIAM J. SAUM By Serving: At SUMMONS IN A CIVIL ACTION CASE NUMBER: 88- 1 CIV -ZLOCH CHIEF MOBLEY Liason Officer for the City of Okeechobee Police Dept. 55 S.E. 3rd Avenue Okeechobee, Florida 34974 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY (name and address) GEORGE OLLINGER, ESQ. 1627 U.S. Hwy. 1 Sebastian Suites #15 Sebastian, Florida 32958 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. ROBERT M. MARCH OCT 2 5 1988 CLERK DATE eY OtPUTY C LEsau (iry F'S51 Summons in a Givif Actron RETURN OF SERVICE Service of the Summons and Complaint was made by mel DATE AME OF SERVER TITLE 'heck one box below to indicate appropriate method of service ❑ Served personally Upon the defendant. Place where served: ❑ Left copies thereof at the defendant's dwelling house or usual discretion then residing therein; Name of person With whom the summons and complaint ❑ Fleturned.unexecuted: place of abode with a person of suitable age and were left' El Other (specify)• STATEMENT OF SERVICE FEES 7AVEL SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server As to who may serve a summons see Rule 4 of the ' "tules of Civil Procedure. ft!) SEP1Cr; +1.0100,; 1187 �r y� `,i,iM0 W± /4i7/..._C!2..:a?`iti." IN THE UNITED STAPES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA. LESTER RUSH, Plaintiff, v. CITY OF OKEECHOBEE, a Political Subdivision of the State of Florida; WILLIAM J. SAUM; and K.M. REEVES; Defendants, COMPLAINT 88-14187 CIVIL CIV-ZLOCH CASE NO: JUDO : DIV.: DOCKS NO: Plaintiff, TESTER RUSH, by and through his undersigned attorney, sues the Defendants, CITY OF OKEECHOBEE, Florida, a politicial subdivision of the State of Florida; WILLIAM J. SAUM; and K.M. REEVES; and alleges the following: 1. This is an action in excess of $30,000.00. 2. Plaintiff is a resident, and domiciled, in the State of Pennsylvania. 3. Defendant, CITY OF OKEECHOBEE, is a political subdivision of of the State of Florida. 4. Defendant, WILLIAM J. SAUM, is a resident and domiciled in the State of Florida. 5. Defendant, K.M. REEVES, is a resident of and domiciled in the State of Florida. 6. This court has Diversity Jurisdiction pursuant to 28 USCS Sec. 1332. Plaintiff is a citizen of the State of Pennsylvania and the Defendants are citizens of the State of Florida. 7. Jurisdiction is also conferred upon this court because this cause involves a, "Federal Question ". The Plaintiff was beaten and injured by City of Okeechobee Policement, Defendants in this action. Wiley v. Memphis Police Dept. (1977, CA6 Tenn.) 548 F2d 1247, cert den 434 US 822, 54 L Ed 2d 78, 98 S Ct 65. 8. A Federal Question is involved in this cause because the Deferliants violated the Plaintiff's Federal Civil Rights, as guaranteed to the Plaintiff pursuant to the Civil Rights Act of 4 9. A Federal Question is involved in this action pursuant to 28 USCS Sec. 1331, because the Defendant City, City of Okeechobee, Florida, and its policmen, Defendants, William J. Saum and K.M. Reeves, beat and injured the Plaintiff. 10. The City of Okeechobee, Florida and Bill Gunter, as the Insurance Carmissi.one of the State of Florida were sent a Demand and Notice by Certified Mail pursuant to the Notice of Claim Statute, Florida Statute Section 768.28 on February 1, 1988; and they have not responded to said Notice and Demand. Therefore, their lack of response to said statutory Notice and Demand to settle this claim is deemed to deny said settlement demand. It has been more than six months since this Notice and.Demand pursuant to Florida Statute 768.28 et seq. was sent to them via certified mail. 11. Plaintiff has complied with all the requirements of the Notice and Claim Statute, Florida Statute 768.28 et seq.; and Defendants have denied the same. 12. Florida Statute Section 768.28 et seq. waives sovereign immunity for the State of Florida and its subdivision or agencies. Defendant, City of Okeechobee is a subdivision of the State of Florida. 13. Thia action is a tort action for negligence against the City of Okeechobee and its employees, William J. Saum and K.M. Reeves; and for William J. Saum and K.M. Reeves acting bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard for the human rights, safety,' property and federal civil rights of the Plaintiff, Lester Rush. 14. At all times material hereto, Defendants, SAUM AND REEVES, worked as em- ployees for the Defendant, CITY OF OKEECHOBEE, as policemen. 15. .On July 19, 1987, at approximately 11.:43 A.M., at 1307 South Parrott Avenue, Lot 15, in the City of Okeechobee, County, Florida, the Defendants, SAUM and REEVES, while working as employees /policemen for the City of Okeechobee, Florida arrested and jailed the Plaintiff. 16. This arrest was a wrongful arrest and the Plaintiff was wrongfully jailed. 17. There was no valid reason or probable cause for the Defardaiflts to arrest and jail the Plaintiff. 18. During this arrest, Defendants, SAUM and REEVES, beat up the Plaintiff. 19. During this arrest, the Plaintiff told the Defendants, SAUM and REEVES, to take it easy on the Plaintiff because the Plaintiff was handicapped and had two (2) artificial hips; Cl it Plaintiff had to walk with dle assistance of a cane, the Defendants, SAUM and REEVES, forced the Plaintiff to wall without his cane, even after the Plaintiff had pleaded with the Defendants to not make him wi].k without his cane 20. That during this wrongful arrest, Defendants, SAUM and REEVES, were so rough with the Plaintiff, they pulled his arm out of its socket. That they took the Plaintiff's arm and bent it back around his back and up to his neck as pushed and threw him up against his car; and then they handcuffed him. They urn neco:7r :•i.iy uHed too much force in making this wrongful arrest. 21. Plaintiff asked Defendants, SAUM and REEVES, to not take his wallet out of his pants because his cards and personal items would spill onto tine street. SAUM and REEVES pulled the wallet out anyway, and the cards and othor: items did spill onto the street; and Plaintiff had to pick there up chile still and without the assistance of his cane, which he badly needed but was deprived of by SUM and REEVES. 22. Defendants forced the Plaintiff to walk without the use of his cane. Plaintiff had both of his hips replaced any should not wa]t without, his cane. Defendants were prewarned about the Plaintiff's weak hips and hip replacement before they went put lookinq for him and atr?ebtad him. late ndant r; V✓•,F , Loki told about the Plaintiff's weak hips by the Roseta, Pennsylvania Police l \._,par l -- ment and the by the Plaintiff's sister. 23. Defendants forced the Plaintiff to walk without his cane during the entire arrest, including walking up two flights of stairs at the lailhcase v,:i_I S of the use of his cane, nor could the Plaintiff use the Lit d a i. 1 .s 1,,H_aus the kept th Plaintiff's hands cuffed behind his back even though the fHinti (L heg ged the Defendants. to let him use his cane and to not use the hand cuffs, or ai allow him the opportunity to use the handrails for assistance while ,:,, ! 1 _i nci up the :_;fairs. Plaintiff also asked not to be handcuffed becausL his eants wau 1. d i : i 11. down; and when Plaintiff was forced to walk while handcuff( i, leis ! did fal causing him further enbarassment and humiliation. 25.E.tter Plaintiff was arrested and taken into custody, 1 1 Ik_i.„d_ui_:; to the Plaintiff that they had made a mistake. That t} y rea l 1 y should not hav, : cull ci ' e Plaintiff over. 2(). Defendants thou said to the Plaintiff that the',' hiw r.; leave the City of Okeechobee immediately. Defendants then made sure the Plaintiff left the City of Okeechobee immediately by following him out to the city-limits /border and watching him leave. The Defendants would even allow the Plaintiff to stop at his brothers house in the City of Okeechobee even though the Plaintiff specifically asked the Defendants to allow him to do this because Plaintiff had driven all the way from Roseta, Pennsylvania to the City of Okeechobee to visit his brother. Defendants arrested and jailed the Plaintiff in front of his brother's house when the Plaintiff had just City of Okeechobee to start his visit with his brother. 27. Defendants made sure that Plaintiff left the City away without seeing his brother so that the Plaintiff could that the what the Defendants had done to the Plaintiff; and gotten into the of Okeechobee right not tell his brother that the Defendants had negligently, falsely and maliciously arrested and imprisoned the Plaintiff, and that the Defendants had maliciously and seriously injured the Plaintiff during this arrest. 28. Defendants did not even allow the Plaintiff to seek medical treatment; but forced the Plaintiff out of town to only protect themselves and their inter- ests. NEGLIGENCE 29. The aforesaid conduct by the Defendants consists negligence by there against them. . 30. That said negligence was a directand proximate cause of the Plain- tiff's injuries as stated in this complaint. 31. That the Defendants also told the Plaintiff that he had to return home to Roseta, Pennsylvania immediately because his wife was having a nervous breakdown; all of which was a lie and not true, only said to the Defendant. to cover up the illegal and negligent conduct of the Defendants. 32. The Defendants, SAUM and REEVES, acted in bad faith, with a anli.cious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety and property of the plaintiff. DAMAGES 33. The Plaintiff was injured as follows as a direct and proximate cause of the negligence of the defendants: Plaintiff's rotator cuff was torn and his shoulder was dislocated. This injury is permant and disabling. Plaintiff will have a permanent limited range of motion in his arm. He will not be able to lift his arm up over his head forever. Plaintiff's hip condition was made worse and weaker. Defendants negligence caused injury to the Plaitiff's back which is another permanent injury from this arrest and imprisonment. Plaintiff's hips, back, anus, and shoulders are still hurting from this incident. 34. AS a result of the Defendants' negligence, plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental an- guish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the fut- ure. WHEREFORE, Plaintiff demands judgment for damages, costs of this action, trial by jury and any other relief this court deems just, against the defendants. 5 18 U.S.C.A. Sec. 242 35. Defendants violated federal law, 18 U.S.C.A. Sec. 242 (Deprivation of Rights Under of Color of Law) when they arrested the Plaintiff and physically abused him as stated herein. 36. Defendants, City of Okeechobee, and its police force, via Defendants SAUM and REEVES, deprived the Plaintiff of the excercise of his, "rights, privileges and /or immunities secured and protected by the Constitution and Laws of the United States." 37. Defendants, illegally arrested the Plaintiff, then physically abused, assaulted and battered him, then, "ran him out of town" by demnading that Plaintiff immediately leave the City of Okeechobee without giving him time to say goodbye to his brother, a resident of the City of Okeechobee, and followed the Plaintiff to the City borderline to make pure Plaintiff left town immediately. These defendnant /police officers for the City of Okeechobee did this because they ad- mitted to the Plaintiff that they had made a mistake in arresting, detaining and physically abusing him; and that the Plaintiff was free to go but must leave the City of Okeechobee LuLunediately so that these defendants cound cover -up their mis- take and possibly get away with these negligent, tortious and criminal acts perpe- trated against this handicapped Plaintiff, who is crippled and needs the assistance of a cane to walk. 38. Defendants treated the Plaintiff i this said negligent, tortious and criminal manner because Plaintiff was an alien to the Cityof Okeechobee and a re- sident of the State of Pennsylvania, an, "Outsider". 39. Had the Plaintiff been a resident of the City of Okeechobee, these de- fendants would not have arrested, physically abused or treated the Plaintiff in a negligent and tortious manner. 40. Defendants subjected the Plaintiff to different punishment, pains and penalties on account of Plaintiff being an alien to the City of Okeechobee. WHEREFORE, Plaintiff demands judgment for damages, costs of this action, trial by jury and any other relief this court deems just, against the Defendants. GEORGE OLLINGER ESQ. Attorney for Plaintiff 1627 U.S. Hwy. 1 Sebastian Suites #15 Sebastian, Florida 32958 • ''N -5546 an f OFFENSE Address 55 SE 3rd Ave. Offense Information ref. BOLO Place of Occurrence 500 Blk SR 15 South — Report received byDispatcher_Suarez __at_ L:43A_M. Date_ 07/19/ _ _1987_1-kw reported_POlie_e_R 4io Date and time offense committed 07/19/87 11 :45AM Officer Assigned PtLWJ Saum Time of investigation ll;45AM_M. Date_ 07/19L87 Suspects and /or persons arrested Lester Rush DETAILS OF OFFENSE (State fully all other circumstances of this offense and its investigation) On 07/19/87 at approx. 7:50AM writer and Ptl.KM Reeves recieved a bolo(be on look out) for the above subject who wag wanted for Psychiatric Comment in Roseta Pa.. The bolo also advised that the subject should be driving a 1984 Olds., Omega being brown in color and bearing Pa. tag #CUX460, and was believed to be armed with an automatic handgun. The subject was believed to be headed to 1307 S.Paroott Ave in Okeechobee, lot 15. At approx. 11:43AM this same date, writer observed the veh. bearing the above license tag approaching the above residence and called for a backup unit(Ptl.Reeves). At that same time the veh. and Mr. Rush left the area and writer followed. In the 500 Blk of SR 15 South writer and Ptl.Reeves conducted a felony stop on the veh. and the driver identified himself as the above subject, when asked his name. Writer placed the subject under arrest and was advised by the subject that he had a large amount of money in the glove bex. Writer allowed the subject to watch as Ptl.Reeves opened the glove box and a 25 caliber semi -auto handgun was found in the glove box, still in the box and unloaded, though the clip was loaded but not in the gun. While handcuffed,the subject advised that the envelope in the glovebox contained the money. Ptl.Reeves took the envelope from the glovebox, while the subject watched, and put the envelope containing the money into the subjects front right pocket. The subject was taken to the police department where writer spoke with Police Chief Brian Hartman who had been called in Pa. by dispatcher Suarez by request of writer. Chief Hartman advised that he was in the process of sending a teletype to our dept. to advised us that the county authorities (North Hampton Co)had at 11:30AM REPORT MADE BY. (2L-' ' ?! Date 177 /%� Complainant Ptl.William J. Saum Phone Caso No. 763 -5521 7- 7 -dS7/ gig CONTINUATION of 7 PAGE OKE1-.'CH03EE POLICE DEPARTI`? dT OK EECHOBE , FLORIDA CASE PIIJI73ER: `JICTIii :State of Pa. SUSPECT : Lester Rush DATE : 07/19/87 OFFICER : Pt1.WJ Saum ALSO SEE CASE / ,L: advised him that the warrant for this subjects arrest was being changed to include only North Hampton County and that they were not going to extradite if arrested out of that county, or in any other state. Chief asked writer if there were any drugs in the veh and writer advised that there were several bottles of both perscription and ncn perscription medication in the trunk and also advised the chief that the gun had been found unloaded. Chief Hartman advised th, that the warrant was good in their county for the next two weeks and requested that writer advise the subject that his common law wife was in emotional distress due to her fathers death(which the subject confirmed)and that she was requesting that if he was found, to please advised him to return to Pa.. Writer forwarded the message to the subject and he was released advising writer and Ptl.Reeves that he would be headed back to Pa. in the next few days. End of report, see complaints 5546 and 5568. Chief Brian Hartman - Roseta Police Department - 215-588- 0390(his office) or 21.5- 863 -4181 (cocmm.center). He advised to call if any other questions... Pt1.WJ Saum ,}rV � /t/ , fl 1. r • 7' Sa301A 0 ONIIVD1! S3ANI 0 m z rn z 0 0 -o z m July 19,1997 DA It LOG OF RADIzi STATION KNDE - 698 POLICE DEPARTMENT OKEECHOBEE, FLORIDA 1286 SHE N.1 (.0 Sr Officer Saum Tom* Lk„ 1 Coked CotIod By Operator 5, nl No gn Goneral Inform ol•en 10 -51 country klcthcen ref animal compl comp1.5564 1048 1051 1055 25 32 32 25 10 -97 32 25 10 -98 10 -8 32 10 -51 sportsman south ref 10 -60 battery grey transam CO 5566 1111 1112 21 32 21 10 -97 10 -28 839F8X 1114 32 21 10 -98 1117 32 21 1143 32 21 10 -55 w/25....21/ref veh sig 20 sig 0 that veh is 10 -12 at riverben 1144 32 21 10 -55 w /25...21 /subj is leaving now 21 10 -55 w/25....21/fixing to turn R heading N 25 /I'1l 10 -23 for 1145 32 * * * * * ** you at texico station 1145 32 21 10 -50 Dk gray olds omega PA CUX460 441 s 10 -23 for 20 21 10 -20 infront of baystation 1146 32 1148 units 32 10 -13 25/10 -4 going to be 10 -15 1119 32 21 10 -43 find 10 -44 ref to this Bolo send tty adv them we have subj 1I51 32 25 10 -70 rot st bay station 1153 25 32 10 -39 rot will be Johns 1157 32 21 10 -8 10 -53 w/ 10 -15 1158 32 21 10 -75 1208 32 25 10 -98 scene 10 -53 1241 32 21 10 -40 10 -42 1244 25 32 10 -51 Raulerson ER subj's need s ride home compl.5567 1246 32 21 10 -97 1247 32 25 10 -12 2 WF's bm /13505 1252 32 25 10 -98 em/13507 1314 32 21 10 -8 1315 32 21 10 -86 1319 32 291 10 -8 1336 25 32 10 -56 County D/S at Sun Bank 1346 32 21 10 -108 10 -42 D59 32 21 109 -8 COMPLAINT REPORT NATURE OF COMPLAINT TANT'S NAME w 0 a. 2 cc 0 0 HOW REPORTED INVESTIGATING OFFICERS 3FFE JDER •.•;). ■s.s • i •J•at.l. 1. 1-- cr., . ....4.---6._. '7.. r._:■ c.,, 1---, r.s.i cop f .-4 -:- .,... i--.i .,.iT f...:, ,,:e._ •4,,—*C1 :i......,.....rit..!..:.. I ': c....... ... C.7.! L ,.. ,7.... L.,.:,p3.---.„,,,...z. \ri 7:.1. :..'... 0 , --- ‹..C. i'......■ fir Lc; ..:17 !-.:.. ...... !--, • '.. ;• r -; ■ .-- C.:' i:-.. ..... /*'.... CL.. ... .,:f.... — ti..1 ......, ....--- 7.:?•.: :2.3 4.. I— r-,..; -;•:. EL: r.....'.1. :•._‘.-: r.I.-..1 78 I-- (7.:1 r."-i ii_.) ,:'•-: <= 1;4:: •-•1- i...-.: El_ t LI .1 CO r...,.. '.:7- ...... (r) r.:::: 1...._, •.: LL.. C.r.:, !:-.!*_-, 7.:: .1. 2 i.....,....,..,:: ......., :--;,.. LL, L.,...., 6... ....,: ,..L... -- _ ,. C. IL 2 ( Z ■C 7.-,--. I— r.::: r.:,... ;.--1 :z.-.: (.....:_:i -; L.:7 '.:''• : LL ;...::: C-2, 1--: ::::: Cr: •' . . ii ,:..r.: La.; LLJ 1-- L.: ! : ; O C._:: 1::::.! 7.7-i -.:::: (..,,-7 :-•-• I:: W L., 1...1.: ..L: ••••:- (...!:, .:1..: ••■•7*. . ... — ..._.. . ':-.... i. • : ,--,- '1' .- --'.1.. r."7-.... ■-.L.'1',. :1:::. < •:::..i !--j t.5 x..._, ,• ::.....,:-:':; LI:ii.'..,:.. ,...!..._•-; i i'-' ■■ !-- C.:::. ..•;:.: : . :'..;-: __:, ._. ....': IL tj ,---k-- e) if .1 < ; ..• ut c.9 X < IL- 2 1 . - EtV -D BY THRU: CITY OF OKEECHOBEE MEMORANDUM John Cook General Counsel THRU: FROM: John Drago .• City Administr for DATE: April 7, 1988 SUBJECT: PENDING LEGAL MATTERS Enclosing copies of the material we discussed yesterday. If at all possible, I would like to present the agreement with DOT at the next regular meeting, April 19. If not then, as soon as possible. TO: THRU: THRU: FROM: CITY OF OKEECHOBEE MEMORANDUM Jerry Bryant DATE: January 18, 1988 General Counsel John J. Drago City Administrator SUBJECT: Lester C. Rush, Sr. Enclosed is a letter of complaint regarding unwarranted physical abuse during the arrest of Mr. Lester C. Rush, Sr. Mr. Rush's attorney is asking for payment of his medical bills. I'm forwarding the complete set of paperwork sent to the city for your review. I have not talked to Chief Mobley regarding this subject. Friday, January 22, Chief Mobley will start a one -week vacation. Please advise me on what options the city has in regard to this matter. sf GEORGE OLLINGER ATTORNEY AND COUNSELOR AT LAW TELEPHONE (305) 463 -1977 February 1, 1988 Certified Mail Return Receipt Requested CHIEF OF POLICE Okeechobee Police Department Okeechobee, Florida 33472 Re: Lester Rush Notice of Claim Pursuant to Florida Statute 768.28 Attention: CHIEF OF POLICE, Okeechobee Police Department: SUITE 617 GATEWAY BUILDING 1150 NORTH FEDERAL HIGHWAY FORT LAUDERDALE FLORIDA 33304 I represent Lester Rush as his attorney for the injuries he received by policemen employed and on duty on July 19, 1987, by the Okeechobee Police Department. Mr. Rush needs further surgery because of this police brutality. Therefore, demand is made upon the Okeechobee Police Department and the policemen involved, and all others, to settle this claim with Mr. Rush for the sum of $100,000.00. This Notice and Claim Is being sent pursuant to Florida Statute 768.28. cc: Noel & Rush ge 011inger LAW OFFICES TEEL, STETTZ, SHIMER & DIGIACOMO, LTD. 124 BELVIDERE STREET NAZARETH, PENNSYLVANIA 18064 STANLEY E. STETTZ CONRAD C. SHIMER ALFRED S. PIERCE KARL H. KLINE ROBERT E. SIMPSON, JR. NICHOLAS NOEL, IQ STANLEY J. MARGLE, III RALPH J. BELLAFATTO CERTIFIED MAIL RETURN RECEIPT REQUESTED CHIEF OF POLICE OKEECHOBEE POLICE DEPARTMENT OKEECHOBEE FLA 33472 TELEPHONE 759 -1420 AREA CODE 215 January 8, 1988 Re: Lester C. Rush, Sr. v. W. J. Saum, K. M. Reeves, City of Okeechobee, Florida, et al. Dear Sir: CHARLES L. SHIMER (1932 - 19701 JOHN D. DIGIACOMO 11971-19841 OF COUNSEL CLYDE W. TEEL J. DOUGLAS FACKENTHAL EASTON OFFICE 616 ALPHA BUILDING EASTON, PA. 18042 TELEPHONE 258 -0866 AREA CODE 21S EIN 23- 2005354 This letter is to place your office and the City of Okeechobee, as well as the above -named patrolmen under your command, on notice that our office represents Lester C. Rush, Sr., concerning an incident that occurred on July 19, 1987, that involved the arrest and unwarranted physical abuse of Mr. Rush in the vicinity of 1307 South Parrott Avenue in Okeechobee, Florida. While stopped by the above -named officers pursuant to a Bulletin, Mr. Rush was physically abused, without cause, in being physically restrained and handcuffed. Pursuant to said physical restraint, Mr. Rush's left arm was severely yanked and twisted, which has resulted in a rotator cuff injury, as well as muscular injury to the dorsal lumbar spine, which may well require surgery. I am enclosing with this notice a copy of a recent doctor's report as well as medical bills that we have to date, though they are incomplete and are continuing. Furthermore, there is also a report from the Slatebelt Medical Center relating to Mr. Rush's treatment therein. Mr. Rush has been advised to receive treatment by an orthopedic specialist and such treatment will be occurring in the future, thereby incurring additional and significant medical expenses. Please forward this notice to your City Solicitor and /or insurance company so that they are advised of this claim. Under no circumstances is Mr. Rush to be contacted; and any communication or correspondence regarding this matter should be directed to my attention. Thank you. Very truly yours, TEEL, STETTZ, SHIMER & DiG1IACOMO, LTD. A rI - ', By V6" Nicholas Noel, III NN : ksn cc: Officer W. J. Saum (w /o encs. ) Officer K. M. Reeves (w /o encs . ) Encs. ROBERT F. McEVOY, M.D., P.C. 125 S. First St. Bangor, PA 18013 Telephone: (215) 588 -8282 November 23,1987 TO WHOM IT MAY CONCERN: Mr. Lester Rush is currently receiving medical treatment for multiple musculoskeletal injuries. These injuries occurred as a result of an altercation with police while Mr. Rush was visiting in Florida. The diagnosis is (1) acute strain or a rotator cuff injury to the left shoulder; (2) acute dorsal lumbar spine strain. Treatment for the above conditions consists of rest,physical therapy,analgesics and antiinflammatory medicine. Mr. Rush continues to have symptoms of pain and limitation of motion and remains functionally compromised. The prognosis for recovery is fair to guarded. Please contact me for any further information. 1 214ain sincerely, C/V Robert F. McEvoy,M.D. STATEMENT Slate Belt Rehabilitation Associates 701 SLATE BELT BOULEVARD BANGOR, PA. 18013 TELEPHONE: (215) 588 -6737 IRS - ID No. 23-2121160 IIIVT: S. S. # 206 -30 -3227 ter Rush, Sr. Birthdate: 1/10/38 Falcone Ave. Phone # 588 -3805 3to,Penna. 18013 r Mr. Lester Rush, Sr. 308 Falcone Ave. Roseto,Penna. 18013 L J CHARGES OR PAYMENTS MADE AFTER LAST DATE SHOWN WILL APPEAR ON YOUR NE)IT STATEMENT BALANCE FORWARD • # 206 -30- 3227 -A CODE DATE DETAIL CHARGES PAYMENTS BALANCE / ift- PAI `, / — 71 -- 4, /...4 0 Art.,,,a , 1 h/i ri , y /0 1 i'7 -*) 4.5-0 1' — /1II�,//.��.r i*AOil/l/ MililliS"-- 3e-0 IMMIIMIRMINIIIMM1 MI •EGUARD Physical Therapy —Equipment AG— Electromyography :V —Nerve Conduction Velocity 1 —C hrona x ie f— Occupatiunal Therapy /— Evaluation PLEASE PAY LAST AMOUNT IN BALANCE COLUMN JS —Jobst Support HV -110m41 Visit B —Brace CA —Court Appear. MR —Med. Report C —Cash PC— Personal Check 1 NS— Insurance MED— Medicare ATT— Attorney BVR— Bureau of Vocational Rehabilitation ROA— Received on Account 0—Other (215) 863-6468 Lester Rush 308 Falcone Ave. Roseto Pa. 18013 ROBERT F. McEVOY, M.D. 1351 VERONA DRIVE PEN ARGYL PA 18072 November 23 19 87 FOR PROFESSIONAL SERVICES 8/7/877 8/19/87 9/16/87 11/11/87 Intermediate Office Visit Intermediate Office Visit Intermediate Office Visit Intermediate Office Visit Intermediate Office Visit Diagnosis Acute strain or rotator cuff injury Acute dorsal lumbar spine strain $23.00 $23.00 323.00 $23.00 323.00 Paid $115.00 $ Slate Belt Medical Center NON- REGISTERED PATIENT Phone Date Date of Birth 1^ v Ai,ze--4,-7- 7)7, /red /2 Family Doctor No. ��� rj "- %7,49"n5-Allergies Last Tetanus Hgt. /2 /Mr' tS2Aytae) 0-7. 7/119/S7 S7L Nature of Complaint: WC/)46,1, tt A Zi./rn /..t A (701v. - r F S€ M D 3( 5P1 E — 3c3 Sci + ca Pc�l u- �w e 5 -��,. - —t'n; cps d., l el, ?FP-brA U,=(�-ty r Wgt. /9a %,Temp. 911. B . P I �f / ,� Resp./ N� —G /2A n es$ ems.. p S.c,4f2 e 41. -4-r' cafS DnZ(, A 2 i ^ U. e. gPic-K l b C&,*- - �, 2 q 4' ( rt,/ pLa•. 1 ") ?-(L) C74 7 /3 g4cesc 26 €b itte CN -5546 an OFFENSE i ORT Complainant Ptl.William J. Saum Address 55 SE 3rd Ave. Offense Information ref. BOLO Phone Case No. 763 -5521 7-o'7--d57/ Place of Occurrence 500 Blk SR 15 South Report received byDispatches_ _Suarez at 11;43A M. Date 07/19i ____1987 __How reported P411c_e _A_ io Date and time offense committed 07/19/87 11 :45AM Officer Assigned Pt1,_WJ Saum Time of investigation 11:45AM M. Date_ 07/19/87 Suspects and /or persons arrested Lester Rush DETAILS OF OFFENSE (State fully all other circumstances of this offense and its investigation) On 07/19/87 at approx. 7:50AM writer and Ptl.KM Reeves recieved a bolo(be on look out) for the above subject who was wanted for Psychiatric Comment in Roseta Pa.. The bolo also advised that the subject should be driving a 1984 Olds., Omega being brown in color and bearing Pa. tag #CUX460, and was believed to be armed with an automatic handgun. The subject was believed to be headed to 1307 S.Pareott Ave in Okeechobee, tot 15. At approx. 11:43AM this same date, writer observed the veh. bearing the above license tag approaching the above residence and called for a backup unit(Ptl.Reevee). At that same time the veh. and Mr. Rush left the area and writer followed. In the 500 Blk of SR 15 South writer and Ptl.Reeves conducted a felony atop on the veh. and the driver identified himself as the above subject, when asked his name. Writer placed the subject under arrest and was advised by the subject that he had a large amount of money in the glove box. Writer allowed the subject to watch as Ptl.Reevea opened the glove box and a 25 caliber semi -auto handgun was found in the glove box, still in the box and unloaded, though the clip was loaded but not in the gun. While handcuffed,the subject advised that the envelope in the glovebox contained the money. PtI.Reeves took the envelope from the glovebox, while the subject watched, and put the envelope containing the money into the subjects front right pocket. The subject was taken to the police department where writer spoke with Police Chief Brian Hartman who had been called in Pa. by dispatcher Suarez by request of writer. Chief Hartman advised that he was in the process of sending a teletype to our dept. to advised us that the county authorities (North Hampton Co)had at 11:30AM �� % �' — Ci' REPORT MADE BY___ / /2/ „z %' Lc� Date �� /r MOPOIS , r 0 e0M .L.1 onus runs 75206 mom CONTIiVUATIOi 2 of 2 PAGE OKEECHOBEE POLICE DEPARTMENT OKEECHOBEE, FLORIDA CASE NUI-2ER: VICTIM :State of Pa. SUSPLCT :Lester Rush DATE :07/19/87 OFFICER : Ptl.WJ Saum ALSO SEE CASE #: advised him that the warrant for this subjects arrest was being changed to include only North Hampton County and that they were not going to extradite if arrested out of that county, or in any other state. Chief asked writer if there were any drugs in the veh and writer advised that there were several bottles of both perscription_and ncn perscription medication in the trunk and also advised the chief that the gun had been found unloaded. Chief Hartman advised th, that the warrant was good in their county for the next two weeks and requested that writer advise the subject that his common law wife was in emotional distress due to her fathers death(which the subject confirmed)and that she was requesting that if he was found, to please advised him to return to Pa.. Writer forwarded the message to the subject and he was released advising writer and Ptl.Reeves that he would be headed back to Pa. in the next few days. End of report, see complaints 5546 and 5568. Chief Brian Hartman - Roseta Police Department - 215 - 588- 0390(his office) or 215 -863 -4181 (comm.center). He advised d vised to call if any other questions... Ptl .WJ Saum 4/4), 3 a 0 ...--. 7:, :7! -7; r..0 - . 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() ( ftJ *J' Y Y� 1! -i °ht`�ar . - L\�� t 1v L...( 1)L;VI , $ . -+','; :�' .rit ' ° ;. �,, *� �� # .,: OKEECHOBEE POLICE DEPARTMENT as "Y ' �,� ,.a zr4 1 sv ` g } • • �� ..1`� - + ���' sat •-`• a i � � _. } i .. ; ;i w x $ Ya ,1 .:-..,,,,-• K s '. f 1 0 m July 19,1987 uA IF G OF RAIJ LO STATION KNDE - 698 POLICE DEPARTMENT OKEECHOBEE, FLORIDA S14 [T N 1286 < O Sr Officer Saum Irma LP,' Collyd I CoOod ey Operator "yn,�l No Gonerol Inlonnoton 1048 25 32 10 -51 country kicthcen ref animal cempl compl.5564 1051 32 25 10 -97 1055 32 25 10 -98 10 -8 1111 21 32 10 -51 sportsman south ref 10 -60 battery grey transam CI 5566 1112 32 21 10 -97 1114 32 21 10 -28 839F8X 1117 32 21 10 -98 1143 32 21 10 -55 w/25....21 /ref veh sig 20 sig 0 that veh is 10 -12 at + riverben 1144 32 21 10 -55 w /25...21 /subj is leaving now :145 32 21 10 -55 w /25....21 /fixing to turn R heading N 25/I'l1 10 -23 for 4 you at texico station 1145 32 21 10 -50 Dk gray olds omega PA CUX460 441 s 10 -23 for 20 1146 32 21 10 -20 infront of baystation 1148 units 32 10 -13 25/10 -4 going to be 10 -15 1119 32 21 10 -43 find 10 -44 ref to this Bolo send tty adv them we have subj 1151 32 25 10 -70 rot st bay station 1153 25 32 10 -39 rot will be Johns 1157 32 21 10 -8 10 -53 w/ 10 -15 1158 32 21 10 -75 1208 32 25 10 -98 scene 10 -53 1241 32 21 10 -40 10 -42 1244 25 32 10 -51 Raulerson ER subj's need s ride home compl.5567 1246 32 21 10 -97 1247 32 25 10 -12 2 WF's bm /13505 1252 32 25 10 -98 em /13507 1314 32 21 10 -8 1315 32 2I 10 -86 - 1319 32 291 10 -8 1336 25 32 10 -56 County D/S at Sun Bank 1346 32 21 10 -108 10 -42 D59 32 21 109 -8