Potential lawsuit looms after Atwater dismisses claim against city manager, police chief
The Atwater City Council has officially dismissed a government claim filed by a former employee alleging the city manager abused her power during a private tenancy dispute.
Now, the former Atwater employee who filed the claim said she’s planning to sue the city.
Sandra Rahn, a retired Atwater recreation supervisor and former resident who worked for the city for 20 years, filed the government claim in May.
Rahn told the Sun-Star that she was not surprised to see that the claim was denied. “They deny all claims,” she said.
The incident that led to the claim occurred when Rahn was renting a property from City Manager Lori Waterman.
Rahn alleged Waterman and Police Chief Michael Salvador overstepped their authority during the dispute, leaving her feeling intimidated by Atwater officials.
Recorded video of the dispute shows an animated interaction between Rahn, her family and the high ranking city employees.
Rahn and her attorney alleged the city’s top cop never would have personally interfered if the property was owned by someone other than Atwater’s city manager.
But an independent investigation financed by the city found that Atwater officials did nothing wrong. A statement sent to the Sun-Star by the city said that the completed investigation by employment lawyer Jennifer Shaw, president of Shaw Law Group, did not substantiate Rahn’s allegations.
Soon after the independent investigation concluded, Rahn and her attorney were informed in June that the claim was rejected, Atwater officials confirmed to the Sun-Star.
While she expected her claim to be rejected, Rahn said she was surprised at Shaw’s findings. She and her attorney have requested to see the investigation report but haven’t heard back from the city yet. Rahn feels that it could contain an untrue version of events, she said.
Rahn said she and her attorney Adam Stewart will be moving forward with a lawsuit against the city in the next several months.
“I feel optimistic on my end. I feel they were wrong, I know they were wrong,” Rahn said of bringing a lawsuit against the city.
What led to the lawsuit
Rahn’s accusations stem from a conflict that was spurred when Waterman sold her property and gave tenant Rahn notice to move out. Rahn said she complied, but didn’t want outside individuals entering the property while she was still a tenant.
The claim stated that the COVID-19 pandemic and recent traumatic loss of a loved one led Rahn to request that a real estate inspector refrain from entering the home for two weeks until she got her affairs in order and moved out. Waterman denied this request and said the inspection had to take place sooner than that.
In videos of the incident obtained by the Sun-Star, Rahn was told by Police Chief Salvador while another officer stood by that the inspection was necessary for the home’s sale to move forward. The videos show emotional — and at times heated — discourse between Rahn and her family, Waterman, Salvador and another officer at the rental property.
Rahn said that having the police chief and another officer come to her home during a landlord-tenant conflict made her feel intimidated.
It is unclear how Atwater police became aware of the disagreement and were called to the property. The Sun-Star filed a Public Records Act request with the City of Atwater with the intent of discovering this, but was told that no responsive records concerning the request were found.
The claim filed against the city cited alleged violations that included emotional distress, false imprisonment, assault and protections against unreasonable search and seizure under the U.S. Constitution’s Fourth Amendment and the California Constitution.
A government claim is a formal precursor to suing a government. The process allows the city time to investigate the circumstances surrounding the claim before a potential lawsuit is filed.
Depending on the findings, the city can accept liability and settle. Or, it can reject the claim and leave it up to the claimant to pursue a lawsuit in court. Prior to rejecting the claim, Atwater’s attorney told the Sun-Star that Rahn’s telling of events mischaracterized what occurred.
Still, Rahn says she feels optimistic about moving forward with a lawsuit against the city. The recorded videos speak for themselves, she said.
This story was originally published July 16, 2021 at 5:00 AM.
