Migdia Chinea
1326 Cordova Avenue
Glendale, California 91207
818.956.0536

March 11, 2008

Robert Deegan 
General Liability Claims Section
Los Angeles Unified School District
333 S Beaudry Ave  28th Floor 
Los Angeles CA 90017  

Dear Mr. Deegan:

This letter shall constitute a claim pursuant to the California Tort Claims Act, Section 910 et seq of the California Government Code.

My address information in compliance with Section 910(a) and (b) is set forth above.

Per Section 910(c), (d) and (e), the date of occurrence was October 5, 2007.  I was assaulted and battered by students T and I and possibly other students at Markham Middle School, 145 W 108th Street, Los Angeles.  The Police Report is DR#071828895.

LAUSD personnel, specifically, Steven Thomas Rooney, aided and abetted violations of the Ralph and Bane Civil Rights Acts, Sections 51.7, 52 and 52.1 of the California Civil Code and Sections 242, 245, and 422.6 of the California Penal Code, by failing and refusing to report the matter to police authorities.  LAUSD violated my rights under Article I, Section One of the California Constitution to safety and my specific right to safety on a school campus under Article I, Section 28 of the California Constitution.  I have suffered physical damages and extreme emotional trauma as a result.

David Brewer and other personnel knew or should have known based upon my complaints and upon past known misconduct by Rooney that Rooney was unfit as a supervisory employee of LAUSD.  LAUSD therefore negligently hired, trained, assigned, supervised and retained Rooney and ignored my complaints about his misconduct.

LAUSD’s conduct towards me is motivated by benign neglect of complaints of discrimination, retaliation, and harassment by Latino employees, as exemplified in past incidents by Superintendent Brewer and the General Counsel’s office failing to properly investigate and take appropriate action when complaints were levelled against anti-Hispanic ethnocentric misconduct against an attorney employed by the Office of the General Counsel, and other incidents.

Pursuant to Section 910(f) this claim is for damages within the jurisdiction of the unlimited division of the Los Angeles Superior Court.

Respectfully Submitted,

Migdia Chinea
cc:  California LULAC Civil Rights Commission, United For Education Coalition