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Nelson, Thomas Christopher Zipko ������,,�.�� Zipko law, LLC 871 East Seventh Street JJ! � ! St. Paul, MN 55106 20�Z Phone:651.774.2728 .,, ,� Fax:651.344.4422 ��� Y ���_���� www.zipkolaw.com July 9, 2012 VIA U.S. MAIL Saint Paul City Clerk 310 City Hall 15 West Kellogg Boulevard, Saint Paul, MN 55102 Re: Thomas Ben1amin Nelson v. City of St. Paul et al Date of Assault: January 10'h, 2012 Place of Assault: 776 Aurora Avenue, City of St. Paul NOTICE OF CLAIM PURSUANT TO M.S.A. & 466.05, SUBD. 1. Dear City Clerk: This office has been retained by Mr. Thomas Nelson who was assaulted and injured on January l Oth, 2012 by three officers of the St. Paul Police Department when they used excessive force in their arrest and apprehension of Mr. Nelson. Our client, who was unarmed was assaulted by three undercover St. Paul Police Officers who were investigating him for a possible gross misdemeanor crime. According to police reports and witness statements Mr. Nelson was approached by the undercover officers while he was on foot near the area of University and Avon avenues in the City of St. Paul. The officers appeared to have failed to identify who they were as they began a pursuit of �Ar. Ns!sc�. Mr. Nelson, f�aring fcr his safety, eve�tually fled on foot and ran to his � family member's aparfment at 776 Aurora Avenue. It was at this point that the officers physically assaulted our client and used excessive force in their apprehension of Mr. Nelson. The officers assaulted Mr. Nelson with their fists, feet and a flashlight thereby causing a number of injuries including a skull fracture, a fractured nose and fractured eye socket. The excessive use of force and assault by the officers occurred inside a residence where it was witnessed by at least 4 witnesses, including 2 juveniles. As a result of his injuries Mr. Nelson was subsequently taken to Regions Hospital where he remained for several weeks. To that end, Mr. Nelson is seeking damages for in excess of $100,000.00 including but not limited to his medical expenses. Pa�;e l Sincer , Ch ' er . Zipk torney at L Cc: Ms. Sarah Grewing Ms. Cathy Lantry, St. Paul City Council President Client File AFFIDAVIT OF SERVICE BY U.S. MAIL STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) I, Christopher J. Zipko, being duly sworn on oath says he served the following documents: 1. Notice of Claim Pursuant to Minn. Stat. § 466.05 Subd.l Upon the St. Paul City Clerk; Ms. Sarah Grewing, St. Paul City Attorney; and Ms. Cathy Lantry, St. Paul City Council President, a true and correct copy thereof, on the 9th day of July, 2012,by serving the preceding documents by U.S. Mail to the following address: St. Paul City Clerk 310 City Hall 15 West Kellogg Boulevard Saint Paul,MN 55102 Ms. Sarah Grewing St. Paul City Attorney Room 400 15 West Kellogg Blvd St. Paul, MN 55102 Ms. Cathy Lantry St. Paul City Council President 320-C City Hall 15 West Kellogg Blvd St. Paul, MN 55012 Subscribed and sworn to before me this�day of ,2012. C ' o er J. Z' o � � Notary Public DENISE D. ROTH Notary PubOo-�Akr�seota ' Mr camma.�on F�pY...an s��Qota