tort claim against nccfd

7/28/2019 Tort Claim against NCCFD

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RICHARD A. FRISHMANATTORNEY AT LAW

205 NORTH PINE STREETNEVADA CITY, CALIFORNIA 95959

TEL: (530) 265-2399

FAX: (530) 478-9442

June 24, 2013

TORT CLAIM

NOTICE THAT A CLAIM FOR DAMAGES IS HEREBY, AND WILL BE, ASSERTED

AGAINST, THE NEVADA COUNTY CONSOLIDATED FIRE DISTRICT; WARREN

KNOX, AS CHAIRMAN OF THE NEVADA COUNTY CONSOLIDATED FIREDISTRICT BOARD OF DIRECTORS, MARK BASS AS A DIRECTOR OF SAID FIRE

DISTRICT

1. Claimants names: Brad A. Amaral and Wyatt L. Howell

2. Claimants address: C/O:

Richard A. Frishman, Attorney at Law205N. Pine StreetNevada City, California 95959

3. Amount of Claim: $1,000,000.00 for each Claimant

4. Date of Incident: On or about 03/18/13 and thereafter

5. Time of Incident: unknown

6. Location of Incident: 11329 McCourtney Road, Grass Valley, CA and/or

10135 Coyote Street, Nevada City, CA

7. Factual Basis of Liability: The District and those Officers and individualsnamed above included a staff report and otherdocuments alleging that Claimants had made a falsereport regarding a life threatening incident at a liveburn to the District.


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Nevada County Consolidated Fire DistrtictTort Claim

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The specific language regarding personnel mattersmade public is as follows:

After the testimony was received, Director Bassinformed the Board he received information from FPOTerry McMahan, who participated in the live burn,

andother firefighters, this incident was no big deal anddidnt happen as reported by Amaral and Howell.

Director Bass was told no ambulance was on scene.(See: Staff Report to Keith M. Grueneberg, Chairman,dated March 21, 2013, attached to Agenda-RegularMeeting Thursday, March 21, 2013 7:00 p.m.)

The public Agenda for March 21, 2013 also includedthe following language:

Since this statement by Director Bass createdconfusion amongst the Board members, andcontradicted the statements by Amaral and Howell,the Board directed Div. Chief Ray to conduct aninvestigation to determine the facts surrounding thisincident.


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No report of the investigation referenced in the aboveparagraph was ever provided to Claimants, or, totheir knowledge, to the public.

The Agenda and referenced documents were posted

and made public. True and correct copies of theAgenda and materials at issue are attached hereto,and incorporated herein by this reference as, Exhibit1.

8. Legal basis of liability: Defamation, false light defamation, breach of rights toprivacy under the United States Constitution and theadequate and independent grounds contained in

Article I, section 1, of the Constitution of the State ofCalifornia; violation of the confidentiality of personnelissues which are exceptions to open meeting

requirements contained in the the Brown Act(California Government Code, section 54950, 54962,etc.), malicious abuse of discretion in publishing thematerials at issue, intentional infliction of emotionaldistress, violation of 42 U.S.C., sections 1983, 1988,et seq.

The allegations contained in the quoted materialabove were knowingly false, or made with recklessdisregard of the truth, and/or misquoted FPO TerryMcMahon.


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9. Injuries: As to each Claimant: harm to reputation, shame,humiliation, mortification, hurt feelings, anguish,nervousness, grief, anxiety, worry, shock,

aggravationof post traumatic stress disorder.

.10. Special damages: Unknown at present. Both Claimants are

seeking mental health care due to the negative effectof Defendants publication(s). upon their well being.

Reasonable andnecessary Attorneys fees, and litigation costs.

DATED: 06/24/13

Richard A. Frishman

Attorney At Law

tort claim against nccfd

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