Post by Shuftin on Jan 1, 2007 2:05:17 GMT -5
2006-12-24
By SUSAN HERENDEEN
BEE
MODESTO, CALIFORNIA – A woman who says she was raped by sheriff's deputy Michael Galvan more than a year ago wants to sue Stanislaus County.
Attorney Brian C. Davis of Modesto last week filed an application with the county's risk management division, seeking permission to file a late claim against the government.
People who want to sue the government must first file a claim with the agency in question, and those claims typically must be brought within six months of any alleged wrongdoing.
In a legal brief, Davis said the woman did not assert her claims earlier because she was afraid of Galvan. According to the attorney, the deputy threatened to have the woman arrested and have her children taken away from her if she spoke up.
"After the deputy's recent arrest, the applicant feels that said deputy can no longer carry out his aforementioned threats," Davis said in legal papers.
Davis declined to comment.
A state law says people may ask for leave to file a late claim within one year of the incident in question if they state the reason for the delay.
Galvan, 30, of Turlock, was arrested Dec. 1 on suspicion of misappropriating public funds.
At his arraignment a few days later, the district attorney's office added a rape charge but declined to release any details about an incident they say occurred Dec. 15, 2005.
A criminal complaint includes a firearms enhancement, suggesting Galvan had his service weapon at the time.
Prosecutors also allege Galvan stole court records in April 2002 and possessed brass knuckles, which are illegal.
Galvan is on administrative leave pending the outcome of his case. He pleaded not guilty and surrendered his passport before he was released on $350,000 bail.
He is a five-year veteran of the force and most recently was assigned as a high school resource officer in Modesto.
He returns to court Jan. 5.
County has 45 days
The woman filed her claim with the county Dec. 12, one week after the district attorney's office charged Galvan with rape. The Bee is not naming her because of the nature of the allegations.
The legal papers do not outline the grounds for a potential lawsuit, but government agencies often are accused of negligence and improper supervision when employees are accused of wrongdoing.
Deputy County Counsel Dean Wright said most applications and claims are denied but noted that no decision has been made in this case.
The county has 45 days to decide. If the woman's application is denied, she may appeal to Superior Court, which could tell the county to let her file a claim.
Wright said the woman could allege that the deputy was negligently supervised but noted that he does not know the underlying facts of the case or the basis for Galvan's arrest.
"It's certainly outside anything the county would ever expect of its employees," Wright said.
www.modbee.com/local/story/13130186p-13777091c.html
By SUSAN HERENDEEN
BEE
MODESTO, CALIFORNIA – A woman who says she was raped by sheriff's deputy Michael Galvan more than a year ago wants to sue Stanislaus County.
Attorney Brian C. Davis of Modesto last week filed an application with the county's risk management division, seeking permission to file a late claim against the government.
People who want to sue the government must first file a claim with the agency in question, and those claims typically must be brought within six months of any alleged wrongdoing.
In a legal brief, Davis said the woman did not assert her claims earlier because she was afraid of Galvan. According to the attorney, the deputy threatened to have the woman arrested and have her children taken away from her if she spoke up.
"After the deputy's recent arrest, the applicant feels that said deputy can no longer carry out his aforementioned threats," Davis said in legal papers.
Davis declined to comment.
A state law says people may ask for leave to file a late claim within one year of the incident in question if they state the reason for the delay.
Galvan, 30, of Turlock, was arrested Dec. 1 on suspicion of misappropriating public funds.
At his arraignment a few days later, the district attorney's office added a rape charge but declined to release any details about an incident they say occurred Dec. 15, 2005.
A criminal complaint includes a firearms enhancement, suggesting Galvan had his service weapon at the time.
Prosecutors also allege Galvan stole court records in April 2002 and possessed brass knuckles, which are illegal.
Galvan is on administrative leave pending the outcome of his case. He pleaded not guilty and surrendered his passport before he was released on $350,000 bail.
He is a five-year veteran of the force and most recently was assigned as a high school resource officer in Modesto.
He returns to court Jan. 5.
County has 45 days
The woman filed her claim with the county Dec. 12, one week after the district attorney's office charged Galvan with rape. The Bee is not naming her because of the nature of the allegations.
The legal papers do not outline the grounds for a potential lawsuit, but government agencies often are accused of negligence and improper supervision when employees are accused of wrongdoing.
Deputy County Counsel Dean Wright said most applications and claims are denied but noted that no decision has been made in this case.
The county has 45 days to decide. If the woman's application is denied, she may appeal to Superior Court, which could tell the county to let her file a claim.
Wright said the woman could allege that the deputy was negligently supervised but noted that he does not know the underlying facts of the case or the basis for Galvan's arrest.
"It's certainly outside anything the county would ever expect of its employees," Wright said.
www.modbee.com/local/story/13130186p-13777091c.html