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Fleming (2) �l�� J�� A Professional Corporation Nicholas C.Rowley[[A,MN,&CA) Trial Lawyers for Justice Rodney G.Ritner(MN&CA) 421 W Water St,3�d Floor Rebekah N.Krueger(MN&ND) {�E�E��p PO Box 228 Joseph L.Krueger(MN) Decorah,IA 52101 Andrew S.Lind(CA) APR � � p��888)811-0844 Alejandro D.Blanco(CA) 2��2 F:(888)801-3616 ��1 k� t�Pi,.s�i-j�� April 9, 2012 Shari Moore VIA FAX,MAIL AND HAND DELIVERY City Clerk City of St. Paul,MN 310 City Hall 15 Kellog Blvd.,West Saint Paul,MN 55102 Fax: 651-266-8574 RE: MN Statues 466.05. Notice of Claim-Michael Fleming Dear Ms. Moore: This letter is to serve as notice of a claim against the City of St Paul pursuant to Minnesota Statutes 466.05. Mr. Michael Flemming was brutally injured by employees of the St Paul Police Department and other governmental agencies on October 13, 2011 at or near 993 Edgerton St,St Paul, MN 55106. (See Arrest Record Attached). Members of the East District FORCE Unit executed a search warrant at 993 Edegerton Upper Unit.Mr. Flemming was a visitor to the address and was not a threat to police. It is unknown to claimant at this time which members of the East District Force Unit committed the acts upon which Michael Flemming is filing a claim because records have been redacted. During the execution of the search warrant,Mr.Michael Flemming was tasered and brutally beaten using excessive force and hit with a blunt object to the face and head by members of the East District Force Unit. Michael suffered severe and permanent injuries to his body,face and head. Michael was required to have emergency surgery to repair a shattered orbital bone,multiple facial fractures and lacerations. He was placed on a breathing machine in a drug-induced coma and incapacitated for several days. Michael now suffers permanently from his injuries. He suffers from a permanent traumatic brain injury which limits his ability to function normally including diminished memory and cognitive skills. His life will never be the same. Mr. Flemming will be seeking damages in excess of 10 Million dollars due to the injuries he sustained from the excessive force. However,his condition is deteriorating and is under constant review by his physicians so this number could climb. Trial Lawyers for Justice, more specifically attorney Nicholas Rowley has been retained to handle this claim on behalf of Mr. Flemming. Please direct all correspondence to Mr. Rowley and Trial Lawyers for Justice. Sincerely � Nicholas C. Rowley � E I 421 W.Water Street,3�Floor Decorah,[A 52101 101 East Fifth Street,Suite 2626 St.Paul,MIV 55101 •8827 West Olympic Blvd Beverly Hills,CA 90211 Page 1 of 3 Saint Paul Police Department PUBLIC ORIGINAL 4FFENSE / INCIDENT REPORT Complaint Number Reference C.N. Date and Time of Report 11215561 11215546 10/13/2011 23:30:0(? Primary offense SEARCH WARRANT-EXECUTION OF SEARCH WARRANT Primary Reporting Officer. I /Vame of IocatiorVbusiness: locatiorr of incident: 993 EDGERTON ST Apt upper Primary squad;•,� MN 55106 Secondary reporting officer: District: Eastern Data&time of occurrence:10/13/2011 19:46:00 to 10/13/2011 23:35:00 Site: secondaryoffense: WEAPONS-POSS FIREARM BY Arrestmade? Yes FEL�N DISTURBANCE-OPERATING,VISITING A DISORDERLY HOUSE OBSTRUCTING-OBSTRUCTING LEGAL PROCESS DRUGS-POSS OF MARIJUANA WARRANT ARREST-WHERE NO CN IS REF ON WARRANT � Pursuit engaged Resistance encountered YeS Weapons Us�d by Potice Weapons Used by Suspect at TJme of Arrest ARRESTS ; ntame Flemming, Micheal Date&time of arrest• �0/13/2011 23:36 ; Booking date 1 O/13/2011 Arrest Status Booked � Booking t/me 23;3g Arrest made on view: YeS � Booking# Arrest made on warrant or prevfous CN: Warrant numbe� Originating agency i Name (JUVENILE) Date&time ofarrest: 10/13/2011 23:44 eooking date 10/13l2011 arrest status Juvenile detention Booking time 2H;4q Arresi made on view: Booking# Arrest made on warrant or previous CN: YeS Warranf number Originating agency Page 2 of 3 Saint Paui Police Department PUBLIC ` 4RIGINAL OFFENSE / INCIDENT REP4RT Complaint Number Reference C.N. Oate and Time of Report 11215561 11215546 10/13/2011 23:30:Q0 Primary offense SEARCH WARRANT-EXECUTION OF SEARCH WARRANT lvame (JUVENILE) Date&time of arrest: 10/13/2Q1 i 23:54 Booking date �0/1$/2011 arrest status Juvenile detention Booking time 2$:54 . Arrest made on view: Booking# Arresf made on warrant or previous CN: Warrant number Originating agency Name Stewart, Daryl Date&time of arrest: 10/14/2011 00:02 Booking date �0/14/2011 Arrest Status gppked Booking time 00:02 Arrest made on view: 800king# Arresf made on warrant or previous CN: Y@S Warrant number 62Ct'114300 Originating agency Name W jlliams,Terrell Date&time of arrest: 10/13/2011 19:46 Booking date �0/14/2011 Arrest Status Cited Booking time QQ;1 g Arrest made on view: Yes Booking# Arrest made on warrant or previous CfV: Warrant number Originating agency Sppd ntame Van Pelt, Rashaad Lamont Date&time of arrest: 10/13/2011 19:46 eooking date �0/13/2011 Arrest Status g�ked Booking time QQ;QQ Arrest made on view: YeS Booking# Arrest made on warrant or previous CN: Warrant number Originating agency Name W hite, Denise Chanel Date&ttme of arrest: 10/i 3/2011 i 9:46 eooking date 10/14/2011 Arrest Stafus CIt2d eooking time 0029 Arrest made on view: Yes Booking# Arresf made on warrant or previous CIV: Warrant number Originatirrg agency Sppd NAM ES Arrestee KNOWN Requests non-public due to safety concerns Arrestee (Resiricted) KNOWN Arrestee (Restrictea) KNOWN Arrestee Stewart, Daryl KN��VN MN 55408 Saint Paui Police Department Page 3 of 3 PUBLIC ' ORIGINAL 4FFENSE / INCIDENT REPORT Complaint Number Reference C.N. Dafe and Time of Report 11215561 11215546 10/13/2011 23;30:00 Primary otfense SEARCH WARRANT-EXECUTION QF SEARCH WARRANT Arrestee Van Pelt, Rashaad Lamont KNOWN MN 55101 Arrestee White, Denise Chanel KNOWN ST PAUL MN 55106 Arrestee Williams,Terrell KNOWN ST PAUL MN 551Q4 Parent/Guardian (Restriated) ParenUGuardian (Restricted) PUBLIC NARRATIVE The East District F�RCE Unit executed a search warrant at 993 Edgerton upper unit. Micheal Flemming was arrested for possession of a handgun by a felon, Daryl Stewart was arrested for a traffic warrant, a 16 year old male and a 17 year old male were arrested for robbery warrants. Rashaad Lamont Van Pelt was cited for possession of a small amount of marijuana and �isiting a disorderly house, Terrell Williams was cited for visiting a disorderly house and possession of a small amount of marijuana. The tenant, Denise Chanel White was cited for operating a disorderly house. Marijuana and a handgun were recovered pursuant to the search _ warrant. Warrant type (none) Charge/CitafioNBailAmaunt poss pistal by felon,gm olpo il . Warrant type Jw secured warrant Charge/CitatioNBail Amount robbery � � Warrant type Juv secured warrant Charge✓Citation/Bai!Amount agg robbery Warrant type Warrant Charge/Citation/Bail Amount das bond 700 Wananf rype (none} Charge/Citation/Bail Amount poss small amount marijuana,visiting a disorderly Warrant type (none) Charge/CifatioNBailAmourrt citation#91 1 1 356651 possession small amount of marijuana,visiting a Warrant type (none) Charge/Cifation/Bail Amount operating a disorderly house citation#91 1 1 35653