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Settlement in Case of Ellins and Toribio vs. Sierra Madre Announced by the California Joint Powers Insurance Authority Sierra Madre, CA. – January 5, 2010 — The case of Jesse Toribio and John Ellins versus the City of Sierra Madre was settled yesterday by the California Joint Powers Insurance Authority’s (JPIA), against the adamant protestations of the Sierra Madre City Council. "The City Council and I were in unanimous agreement that this case should be fought in court and the City would prevail. Unfortunately, pursuant to the City’s agreement with the JPIA, the decision is ultimately the JPIA’s and not the City Councils’," said Mayor MaryAnn MacGillivray.The JPIA, a risk management pool of which the City is a member, settled to avoid further costs associated with defending the City. Despite the settlement, the California JPIA expressed that this was not an admission of fault on behalf of the City. "This case was settled solely to avoid the high costs associated with defending the City against such litigation," said Liability Program Manager Paul Zeglovitch. The JPIA confirmed that their agreement with the City gives the JPIA control over settlement of cases. "This action is strictly an economic decision, and it should not be construed, in any way, as an admission of fault." City Manager Elaine Aguilar emphasized that, "From a public safety perspective, Chief Diaz’ actions were appropriate and in the best interests of the community." The facts as alleged by the two Plaintiffs were that upon discovering unlocked lockers in an area accessible to the general public, Sierra Madre’s Police Chief opened the lockers, found a dangerous weapon and other police equipment inside, removed those items and later returned them to their owners with instructions to keep them secured in the future. The Plaintiffs filed suit asking for money damages from the City and claiming that the Chief’s actions were an invasion of their privacy. The City maintained that the Chief’s actions harmed no one, eliminated a serious safety risk and protected the public’s safety by securing dangerous implements that could have been used as weapons to harm officers or private citizens. (Editor's Note: The above is a press release received from the City. The JPIA has confirmed that the settlement amount was $25,000, to be split between the two officers.) |
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