The Mediterranean Market and Grill is among some restaurants recently victimized by the Modesto Police Department’s California ABC (Alcohol and Beverage Control) grant funded, Minor Decoy Program. The Mediterranean Market and Grill is famous for their breakfasts.
On Saturday morning 12/13/2008, just before noon, a young man entered the restaurant and requested a table for four. Once he was seated, he then ordered a bottle of beer and said that he was going to wait for the remainder of his party. The decoy produced a driver’s license as was requested by the server.
Within moments, four Modesto Police officers entered the restaurant and asked to use a back office. Instead, the group assembled outside the restaurant and the server was read her Miranda Warning Rights. She was told that anything she said could be held against her and was photographed with the decoy and the bottle of beer. She also was informed that a criminal complaint would be filed with the Stanislaus District Attorney’s Office. It was suggested she have herself booked on the following Monday morning.
Along with the underage decoy was Sgt. Robert Stewart, Detective Jim Rokaitis, Officer Robert Hart, and Detective Steven Stanfield.
The police entered the restaurant moments after former Mayor Carmen Sabatino. After the server’s citation was completed and signed, Sgt. Stewart turned to the mayor and said he had papers for the owner. He was disappointed when Carmen Sabatino told him he was not the owner.
Claim against the City of Modesto, working with the ABC
CLAIM AGAINST THE CITY OF MODESTO
(Government Code Section 910 et.seq.)
Mindy Livingston hereby makes claim against the City of Modesto and submits the following statements in support of the claim:
1. Claimant’s address is 421 McHenry Avenue, Modesto, California 95354.
2. Notices concerning the claim should be sent directly to claimant.
3. All injuries incurred as a result of this claim occurred prior to, during, and subsequent to the Alcohol Decoy Operation conducted by the City of Modesto Police Department, against the claimant’s business, on or about, December 13, 2008. The subject criminal charges against the claimant were ultimately dismissed, on, or about, June 11, 2009.
4. Damages incurred by the claimant occurred in the City of Modesto, County of Stanislaus.
5. The circumstances giving rise to this claim are as follows: Officials and employees of the City of Modesto, acting with ulterior motives, intentionally encouraged, solicited, and or, conspired to commence a sting operation at the claimant’s business for the purpose of slandering and libeling the claimant. These individuals attempted to interfere with the business interests of the claimant. Additionally, said individuals violated claimant’s civil rights and the right of commerce she maintains as a citizen of the United States. The aforementioned actions of these individuals led to the criminal citation of the claimant and disciplinary proceedings by the Department of Alcohol and Beverage Control. All criminal citations and disciplinary proceedings were subsequently dismissed.
6. Claimant’s injuries include, but are not limited to, business losses, damage to personal and business reputation, violation of civil rights and right of commerce. In addition, claimant has suffered pain and suffering.
7. The names of City officials and employees include, but are not limited to the following:
MPD Officer Stewart, and MPD Officer Rakaitis:
8. My claim as of this date is in an amount that would place it within the jurisdiction of the Superior Court. The claim is based on injury, damages and loss in amount to be proved later.
Dated: September 11, 2009
___________________________
Mindy Livingston
MedMar LLC
Claimant
Officer Jim Rokaitis Teaches A Minor To Lie Then Wins Award Because Of MPD Cover-up
Success and Service: MPD’s Rokaitis wins state award
Bee Staff Reports
last updated: December 26, 2009 11:09:52 PM
The state honored Jim Rokaitis, a Modesto police detective, for overseeing a multiagency law enforcement operation aimed at reducing underage drinking.
He received a California Law Enforcement Challenge Award during a ceremony Dec. 15 at the Alcoholic Beverage Control’s northern division office in Sacramento.
In March 2009, the ABC and Modesto police conducted the largest “shoulder tap” operation in the state’s history, with 33 local agencies working in 10 Northern California counties.
During a shoulder tap operation, authorities go to ABC-licensed stores and use a minor decoy under their direct supervision to solicit adults to buy the minor some alcohol. Those who do are arrested and either cited or booked for furnishing alcohol to a minor in violation of state law.
Rokaitis was instrumental in organizing the operation, which netted 171 arrests that produced 147 misdemeanor citations and 24 felony bookings.
Transcipt of the proceedings:
Response from MPD Chief Harden:
Response from City of Modesto Risk Management:
Mediterranean Market & Grill Owner Complaint to Modesto City Clerk:
