HomeMy WebLinkAboutS3- City Attorney CIT`' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From.- James F. Penman, City Attorney Subject: Request by the City of Antioch
for amicus curiae support in
Dept: City Attorney Souza v. City of Antioch
Date: March 13, 1996
A
Synopsis of Previous Council Action:
Recommended Motion: '4i
Direct City Attorney to join Souza v. City of Antioch as an amicus curiae.
Signature
Contact Person: w Phone: 5255
Supporting Data Attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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ANTOCN CA
CITY HALL• P.O. 130 • ANTIOCH,CA 945094W4 • (510)779-7015 • FAX(510)779-7003
OFFICE OF
THE CITY ATTORNEY
March 4, 1996
Re: Amicus Support Requested
Souza v. City of Antioch
Dear City Attorney:
The League of California Cities legal advocacy committee's executive
committee has recommended amicus curiae support in an important police hostage case
now pending before the Court of Appeal. This apparently is the first appellate case
which will construe the discretionary immunity in the police hostage negotiation context.
The facts of this case are dramatic and are of interest to all cities with police
departments. In July of 1994, Joel Souza barricaded his young son and daughter in the
master bedroom and threatened them with harm. His actions were apparently motivated
by domestic problems with his wife.
After a 12-hour standoff with police negotiators, Mr. Souza shot and killed
the two children and then committed suicide. The surviving wife now claims that the
negotiations were negligently conducted. The Superior Court granted summary
judgment for Antioch.
Cities wishing to add their names to the amicus brief may complete the
attached form and transmit to the writer by not later than April 1, 1996. Thank you for
your support in this matter.
Very truly yours,
WILLIAM A�OALSTAN
City Attorney
WRG/sh
cc: JoAnne Speers, General Counsel, League of California Cities
John Simonson, Esq.
James V. Fitzgerald, Esq.