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Hollingsworth v. City of Phoenix3/22/1990
We once again consider an appeal of a dismissal of an action against a public entity because the plaintiff allegedly did not comply with A.R.S. § 12-821.
The trial court concluded that the appellant Grant Hollingsworth (Hollingsworth) failed to submit a "claim" to the City of Phoenix (city) which would satisfy the statute and allow Hollingsworth to thereafter sue the city. The trial court dismissed the action on the grounds that it had no jurisdiction.
Plaintiff Hollingsworth sued the city for damages alleging that Phoenix police officers had unjustifiably beaten him after they had stopped his vehicle and placed him under arrest. Before filing suit, Hollingsworth's lawyer sent a letter to the city entitled "Notice of Claim against the City of Phoenix Pursuant to A.R.S. § 12-821." The complete letter reads:
Let this letter serve as formal written notice/demand that Mr. Grant Holingsworth , by and through counsel undersigned, is presenting his claim against the City of Phoenix and various city employees and agents, for his damages and injuries caused by the intentional and negligent acts of various Phoenix Police Officers.
On or about July 9, 1986, various Phoenix Police officers intentionally beat Mr. Hollingsworth while he was restrained, in violation of his civil rights. Said beating was inflicted without justification, in that, any resistance of arrest by Mr. Hollingsworth had ceased. The beating and subsuquent abuse resulted in significant and permanant injuries to Mr. Hollingsworth. My client's medical and dental bills are in excess of $3,000.00. His teeth were broken and he has suffered permanant damage to his leg. All of these wounds were inflicted after all physical resistance had ended, and were unwarranted abuses of force under color of law.
At present, it would not be practical to demand or offer a sum certain to compensate Mr. Hollingsworth for the physical and emotional pain he has been subjected to by those charged with our safety and protection. However, an educated estimate, of not less than $125,000.00 would be conservative given the aggravated nature of the officer's conduct.
The officers involved have given their "identical" versions of the events in this matter in report # 86-090102. If after reviewing this matter you feel that it warrants a response, please do not hesitate to contact me. Thank you for your anticipated consideration. I await your response.
The Risk Management Division for the city responded:
Dear Mr. Heinzl:
Re: Grant Holingsworth
OUR CLAIM NO.: 87-0112
GAB CLAIM NO.: UNKNOWN
GAB ADJUSTER: UNKNOWN
A copy of your letter of representation dated June 24, 1987, is being forwarded to GAB Business Services, Inc., the firm contracted to handle all claims presented against the City to completion. Please note your file to this effect.
Their address is: GAB Business Services, Inc., 2150 East Highland Avenue, Suite 204; or P.O. Box 10160, Phoenix, Arizona 85064. Their phone number is 957-7580.
Sincerely,
/s/
PAT PERRY
Claims Analyst
Approximately a month and a half later, the lawyer for the plaintiff received the following correspondence from GAB Business Services:
Dear Mr. Heinzl:
GAB File No. : 48828-16355
Our Insured : Phoenix Police Department
Your Client : Grant Hollingsworth
Date of Occurrence : July 9, 1986
In regard to the above, w
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