NOTICE OF TORT CLAIM

Date: February 21, 2014 To: City of Idaho Falls, Idaho Clerk of the City of Idaho Falls Hon. Rebecca Casper, Mayor 308 Constitution Way Post Office Box 50220 Idaho Falls, Idaho 83405

From: Mr. Victor Manuel Madrigal Ms. Alissa Madrigal 228 E. 18th Streeet Idaho Falls, Idaho

To: City Clerk for Idaho Falls, Idaho Rosemarie Anderson, and Mayor Rebecca Casper Mr. Victor Manuel Madrigal and Alissa Madrigal of 228 E. 18th Street, Idaho Falls, Idaho, are notifying you of their claim of injury, trespass, violence, negligence, violation of rights, excessive force, humiliation, misrepresentation of facts to support police action, false arrest, and recovery for property loss and attorneys fees caused by Officer Clark Lund, of the Idaho Falls Police Department, Officer Eric Rose of the Idaho Falls Police Department, and Officer Brandon Prince of the Idaho Falls Police Department, all perpetrated while the three named police officers were acting in the scope of their employment as police officers for the City of Idaho Falls, Idaho, which acts were committed in the City of Idaho Falls, Idaho, on the 31st day of August, 2013, and the 1st day of September, 2013. On August 31, 2013, or shortly thereafter, Officer Eric Rose, I.F.P.D. [Officer Rose] did illegally, wrongfully and without permission or authority enter the home of Alissa Madrigal and Victor Manuel Madrigal located at 228 E. 18th Street, Idaho Falls, Idaho. Officer Rose then wrongfully and without probable cause did arrest Victor Manuel Madrigal and did cause him to be transported for incarceration in the Bonneville County Jail. After the incarceration, Officer Rose singly or acting in concert with other law enforcement officers, did contact federal officials asserting that Mr. Madrigal was possibly an undocumented alien and should be considered for deportation. Mr. Madrigal was a naturalized citizen of the United States of America at the time of this unwarranted and malicious act by Officer Rose or someone acting in concert with Officer Rose or at his direction. This malicious act by Officer Rose created unfounded suspicion and unwarranted humiliation of Victor. Mr. Madrigal had to endure a contact and investigation by the federal government.

Officer Rose unlawfully arrested Victor on August 31, 2013, and made certain probable cause statements in his official record of the criminal case resulting in three misdemeanor charges, Battery of Certain Personnel, Disturbing the Peace, and Obstructing an Officer or Resisting Arrest. During the jury trial of the case, Officer Rose testified that the statements made in his official report were misrepresentations of the facts. Specifically Officer Rose wrote in his report that Mr. Madrigal head butted him and grabbed his arm. This claim resulted in the charge of Battery of Certain Personnel against Mr. Madrigal. At the trial, other witnesses (the other officers in this claim) and Officer Rose testified that Mr. Madrigal was handcuffed at the time he allegedly head butted the officer, and therefore could not have then grabbed Officer Roses arm. Mr. Madrigal was acquitted by the jury of the charge. Officer Prince created a audio recording of the incident which documented that Mr. Madrigal and Alissa Madrigal were attempting to cooperate with the Idaho Falls Police Officers responding to a disturbance complaint. Mr. and Mrs. Madrigal were agreeing with the resolutions to either whisper or go inside their home. However, Mr. Madrigal was subsequently charged with Disturbing the Peace. A jury acquitted Mr. Madrigal of this charge. Mr. Madrigal was also charged with Resisting Arrest or Obstructing or Delaying an Officer. Mr. Madrigal was acquitted of this charge. Officer Rose and Officer Prince testified that Officer Lund indicated to Mr. Madrigal that he was going to be arrested for Disturbing the Peace, a crime he did not commit. Mr. Madrigal attempted to comply by following directive to provide his identification but then decided otherwise. Officer Lund testified at trial that Mr. Madrigal had the right to not provide the identification and that such choice by Victor did not constitute obstructing or resisting. Mr. Madrigal and the officers testified that Victor entered his home and sat on his sofa awaiting the resolution of the events. He did nothing to stop the officers from completing their investigation. Victor was at various times handcuffed, pushed, forcefully lifted by his arms and physically restrained, all of which were excessive force as Victor did nothing to merit such harsh and abusive treatment. During the melee that took place, Victors brother Victor Delosanto Madrigal was rendered physically helpless by Officer Lunds use of his service Taser. While falling face first prone to the floor in the residence of Alissa and Victor M. Madrigal, a computer and chair were both damaged. Officer Lund used his Taser to the back of Victor M.D. Madrigal creating the unsafe, dangerous fall that resulted in the property damage. As a result of all of these violations, the obvious, egregious breach of duty and responsibility, the use of excessive and unnecessary force, and false arrest, Victor M. Madrigals civil rights have been violated. Victors image during arrest was portrayed by news outlets. Victors wife, Alissa, and his children who were present watching the entire episode of officer aggression and violence, have suffered traumatic stress, anxiety towards their family and neighbors, fear of law enforcement, embarrassment, and humiliation. Victor and his family were threatened with eviction from their residence by the owner for the publicity resulting from the wrongful arrest and subsequent prosecution of the unfounded charges.

Victor was required to engage the services of an attorney to successfully defend charges negligently and maliciously prosecuted as a result of the acts of Officer Rose, Officer Prince, and Officer Lund while in the scope of their employment with the City of Idaho Falls. Victor and Alissa seek the following for resolution of the injury and damage caused by the police officers: Reimbursement for property damage in the amount $2,000.00 Reimbursement of attorneys fees in the amount $4,400.00. Reimbursement for lost wages in the amount of at least $500.00. Embarrassment, humiliation, physical pain from the arrest, emotional distress compensation for Victor in the amount of $50,000. Embarrassment, humiliation, distress, fear, mental and emotional trauma for Alissa Madrigal in the amount of $50,000. Embarrassment, suffering, emotional distress, fear, anger and anxiety for the children of Victor and Alissa Madrigal in the amount of $50,000. Compensation for wrongful detention and illegal loss of liberty for Victor in the amount of $10,000.00. A public apology from the City of Idaho Falls and Officer Lund, Officer Rose, and Officer Prince for their conduct.

Respectfully Submitted

____________________________________ Victor Madrigal, himself and for his minor Minor children

_______________________________ Alissa Madrigal, herself and for her minor children