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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: li'� /cam Agenda Item No. y J? SDE\dm\actfomi � V � 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.