John L. Burris LAW OFFICES OF JOHN L. BURRIS john.burris@johnburrislaw.com Ben isenbaum bnisenbaum@gmail.com Adant? D. Pointer DeWitt M. Lacy deMtt.1acy@johnburrislaw.com Lateef H. Gray James A. Cook james.cook@johnburrislaw.com Melissa C. Nold CLAIM OF YOLANDA BANKS, S.T. AND S.T., MINORS BY AND THROUGH THEIR GUARDIAN AD LITEM CIARRA TURNER (Pursuant to Government Code 910 et seq.) Submitted to the Bay Area Rapid Transit System Names of Claimants: Yolanda Banks, (mother of decedent Shaleem Tindle), Estate of Shaleem Tindle, and Minors S.T. and S.T. by and through their Guardian Ad Litem Ciarra Turner. Date. Place and Circumstances of t_he Occurrence: On January 3, 2018, at approximately 4:30 pm Decedent SHALEEM TINDLE, a 28 year?old African-American man, was shot in the back and killed by BART police of?cer JOSEPH MATEU, when Mr. TINDLE was unarmed and complying with Of?cer orders by standing up, with his back to the of?cer and holding his empty hands up. Of?cer MATEU ?red three shots at Mr. back. After the shooting, Mr. TINDLE fell to the ground, and put his hands over his head when Of?cer MATEU ordered him to do that. Mr. TINDLE suffered extreme conscious pain and suffering after he was shot and before he died from the gunshots in?icted by Of?cer MATEU. The unconscionable shooting was on Video and audio-recorded on Of?cer body-cam. FACTS: Of?cer MATEU was in the process of writing a citation to an Arizona resident when he heard the sound of two gunshots near the West Oakland Bart station on 7th Street in Oakland. Of?cer MATEU asked a person nearby what was going on, reported the gunshots to BART police dispatch, and left to respond to the gunshots. Of?cer MATEU ran toward two men who were wrestling with each other at the southeast corner of 7th and Chester Streets. Of?cer MATEU ran to the east sidewalk of 7th Street, carrying his gun in his hand. Mr. TINDLE, whose name and identity were unknown to Of?cer MATEU, was one of the men wrestling. Of?cer MATEU issued the same command twice to the two men: ?Show your hands!? After Of?cer MATEU ordered the two men, a second time, to ?Show your hands!?, they stopped wrestling, let go of each other, and appeared to acknowledge Of?cer command. Mr. back faced Of?cer MATEU, while the other man involved in the wrestling was partly facing AIRPORT CORPORATE CENTRE - 7677 OAKPORT STREET, SUITE 1120 - OAKLAND, CA 94621 0 TEL (510) 839-5200 - FAX 510) 839-3 882 LAW OF JOHN L. BURRIS Of?cer MATEU. Mr. TINDLE began to stand, his hands visibly empty, made no threatening gesture to the of?cer and took no further aggressive action toward the other man who he had been wrestling. As Mr. TINDLE began to stand, making no sudden movement, Of?cer MATEU ?red three gunshots at Mr. back. Mr. TINDLE fell to the ground. Of?cer MATEU then ordered Mr. TIN DLE to put his hands over his head, and Mr. TINDLE complied. Mr. TINDLE subsequently was transported to Highland Hospital in Oakland, where he was pronounced dead from the gunshot wounds. Apart from that command, Of?cer MATEU said nothing else prior to shooting Mr. TINDLE. As evidenced by Of?cer body cam, neither Mr. TINDLE nor the other man involved in the wrestling held any object in their hands from the time Of?cer MATEU arrived at the scene to the time Of?cer MATEU ?red his weapon three times killing Mr. TINDLE. Of?cer MATEU did not report to dispatch or otherwise contemporaneously state that he observed any weapon or object prior to shooting Mr. TIN DLE in the back. The other man who had been involved in the altercation with Mr. TIN DLE had been shot in the shot in the leg by Mr. TINDLE and had disarmed Mr. TINDLE of the handgun prior to Of?cer arrival. That man was also transported to Highland Hospital, where he was treated for a non?life-threatening gunshot injury to his leg. The handgun Mr. TINDLE had been disarmed of prior to Of?cer arrival was found on the ground at the scene after Of?cer MATEU shot Mr. TINDLE in the back. Claimants allege that Of?cer MATEU never saw a weapon or any object in either man?s possession, that the gun was on the ground prior to Of?cer arrival at the scene, and that no one ever reached for the gun. As shown by the body-cam Video, both men complied with Of?cer orders at the scene, ending their altercation with each other, and never presented a threat to Of?cer MATEU at the scene. Claimants contend Of?cer MATEU unreasonably shot and killed Mr. TINDLE, and did so recklessly or maliciously. Claimants are entitled to punitive damages against Of?cer MATEU. Claimants allege Of?cer MATEU was hired as a BART police of?cer in 2002. The actions and omissions of BART, Of?cer MATEU, and of?cer DOES 1-10, were objectively unreasonable under the circumstances, negligent, without legal justi?cation or other legal right, done under color of law, within the course and scope of their employment as law enforcement of?cers and/or public of?cials, and pursuant to unreasonable training, customs, policies and procedures for BART. BART was also responsible for Claimants? injuries through their own acts and omissions, negligent and otherwise, by failing to properly and adequately investigate, train, supervise, monitor, instruct, and discipline its law enforcement of?cers and/or employees and agents, including the of?cers and of?cials described herein. Claimants further allege BART hired Of?cer MATEU without conducting a reasonable investigation of his background, and/or being recklessly or deliberately indifferent to the results of any such background investigation, proximately causing Decedent SHALEEM death and claimants? injuries and damages. Claimants further allege BART unreasonably, and with deliberate indifference to the factual matters raised in their investigation of the subj ect-incident, 2 AIRPORT CORPORATE CENTRE 7677 OAKPORT STREET, SUITE 1120 - OAKLAND, CA 94621 - TEL (510) 839?5200 0 FAX 510) 839-3882 JOHN L. BURRIS rati?ed the conscience-shocking use of unreasonable force by Of?cer MATEU in killing Decedent SHALEEM TINDLE. STATE VIOLATIONS: The actions and omissions of Respondents constitute violations of Claimants? rights under the California Constitution, Civil Code 43, 51.7, 52.1, 51.9, 52.4, 1708, 1708.5, 1708.8, Cal. Penal Code 853.6, 4030, and other provisions of California codes and law, assault and battery, intentional in?iction of emotional distress, invasion of privacy, negligent in?iction of emotional distress, negligence, intentional torts, wrongful death, and other causes of action arising from this incident. Claimant?s Iniuries and Amount of Damage Claimed: Claimants suffered severe injuries, including the wrongful death of Decedent SHALEEM TINDLE, violation of rights, injuries, and other injuries and damage. Claimants? claim damages in an amount that exceeds the jurisdictional limits of superior court such as they include pain and suffering, emotional distress, medical expenses, violation of rights, civil penalties, lost wages, loss of familial relationships, and exemplary and punitive damages. Identities of Public Employees Involved: The identities of the public employees involved include BART Of?cer MATEU, and unknown BART Police Department Of?cer DOES. The names and identities of these unknown DOE of?cers and individuals are currently unknown to Claimants. Person to Contact Regarding this Claim: Please contact Claimants? attorney, John Burris, Law Of?ces of John L. Burris, Airport Corporate Centre, 7677 Oak Port Street Suite 1120, Oakland, CA 94621, (510) 839?5200. Dated: February 13, 2018 L. Burris John L. Burris Attorney for Claimants 3 AIRPORT CORPORATE CENTRE - 7677 OAKPORT STREET, SUITE 1120 - OAKLAND, CA 94621 TEL (510) 839-5200 - FAX 510) 839-3882