Pleasanton: City settles lawsuit over 2015 fatal police shooting for $285,000

City admits no fault and continues to deny allegations, says resolution made for financial reasons

The city of Pleasanton has settled the federal lawsuit filed by the family of a young San Jose man who was shot and killed by a Pleasanton police officer during an altercation after police found the 19-year-old man damaging a downtown car dealership nearly three years ago.

The settlement reached earlier this year saw the parents and estate of John Deming Jr. receive $285,000 in exchange for the wrongful-death case being dismissed with prejudice, as well as the city continuing to deny the family's allegations and admitting no liability or fault for Deming's death -- which county prosecutors previously deemed self-defense by then-Officer Daniel Kunkel.

"The Alameda County District Attorney's Office conducted an extensive investigation of the incident and concluded that Officer Kunkel acted in lawful self-defense, and other police officers responded appropriately," city attorney Dan Sodergren told the Weekly on Wednesday.

"While the city had strong legal defenses in this case, ultimately, the matter was settled for financial reasons taking into account the expense of litigation and the inherent uncertainty of a jury trial," Sodergren added.

Attorney Ben Meiselas, who represented Deming's parents John Deming Sr. and Linda Stasi on behalf of the Los Angeles law firm Geragos & Geragos, said this week "the matter has resolved" but declined further comment on the case when reached by phone.

Pleasanton Police Chief David Spiller said Friday, "We are pleased that this matter has been resolved and our hope is that Mr. Deming's family and the families of the officers involved can move forward with the healing process."

Deming was killed during the early-morning hours of July 5, 2015 after police found him inside a specialty car dealership on First Street while responding to a burglary report.

The 19-year-old from San Jose was found unarmed but jumping on cars, ignoring police commands and acting erratically, including throwing car jacks at officers, according to investigators.

After Deming ran from the dealership, he was confronted by Kunkel. A short chase ensued before Deming knocked the officer to the ground and began punching him in the head, according to the DA's Office's report.

Kunkel tried to stun Deming with a Taser to the forehead, but Deming kept punching Kunkel, the officer told investigators. Kunkel then fired three gunshots toward Deming when he felt himself losing consciousness, police stated. The 19-year-old later died at an area hospital.

In the lawsuit alleging wrongful death and civil rights violations, Deming's parents contended the officer's use of lethal force was not necessary or appropriate, and they challenged other conclusions in the DA's Office's report and official autopsy.

The DA's Office declined to file criminal charges against Kunkel, determining the officer acted in lawful self-defense.

The DA's investigation noted that Kunkel didn't turn on his department-issued body camera because he felt it was unreliable and was too focused on responding to the burglary.

The Deming family sued in the city soon after the DA's Office declined to file criminal charges. Kunkel, along with Sgt. Eric Gora and Officer Mark Sheldon, were also named as defendants in the lawsuit.

Kunkel, who suffered head and bodily injuries in the confrontation, was placed on paid administrative leave during the investigation. Kunkel no longer works for the Pleasanton Police Department, though Sodergren declined to confirm details about when or why the officer left the department.

"The city does not release other personnel information to maintain employee privacy," Sodergren added.

The civil case, later moved to the U.S. District Court Northern District of California, was litigated pre-trial for nearly two years until the two sides reached the $285,000 settlement in January. Senior District Judge Charles R. Breyer approved the stipulated order to dismiss the lawsuit with prejudice Jan. 22.

The settlement does not constitute an admission of liability or fault by the city, the defendant officers or any city employees, according to its terms. Both sides acknowledge the city and officers dispute the plaintiffs' allegations and that the agreement is made by the parties to avoid the cost of litigation.

The city had racked up $162,658 in attorneys' fees and costs defending the lawsuit, according to Sodergren. Each side was responsible for paying its own attorneys' fees, under the settlement.

For the city's side, the settlement was actually overseen by the insurance pool it belongs to, the Bay Cities Joint Powers Insurance Authority, which has the right to assume control of any settlement that exceeds the city's retained limit (i.e. deductible) of $250,000, Sodergren said.

"Had the city continued to litigate the case and go through a jury trial, the total attorneys' fees and costs would have likely exceeded the city's retained limit," Sodergren said. "And while the city had strong legal arguments, it is impossible to predict whether a jury would have awarded plaintiffs damages. For these reasons, it made sense for Bay Cities to settle this case for $285,000."

The settlement payout broke down to $197,658 paid by Bay Cities and $87,342 by the city.

Deming's death represented Pleasanton police's first officer-involved shooting of any kind since 2005, and the department's first fatal officer-involved shooting since 2000.

The department experienced another fatal police shooting less than two years later, when Pleasanton resident Shawn Edward Estill, 58, was shot and killed by a Pleasanton police officer after allegedly pointing a replica handgun at police during a domestic dispute May 20, 2017.

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75 people like this
Posted by Joey
a resident of Birdland
on Apr 21, 2018 at 5:11 pm

15 cops all armed and a 19 year old not armed, drunk, or on drugs and he is shot 3 times with cameras off.

16 people like this
Posted by Michael Austin
a resident of Pleasanton Meadows
on Apr 21, 2018 at 6:09 pm

Michael Austin is a registered user.


The Alameda County Coroner did not find drugs or other mind altering chemicals in the criminals body.

I am grateful the officer survived.

53 people like this
Posted by Doug
a resident of Birdland
on Apr 21, 2018 at 11:10 pm


I think that you forgot to mention that Deming was shot while physically assaulting a police officer who was forced to shoot in self defense.

30 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on Apr 22, 2018 at 6:37 am

It's unfortunate this 19yr old made the decisions he did, putting him in a situation that resulted in him loosing his life. He could have stopped this at any point, shirt assaulting an officer and been walking around today. Attack an officer and youre going to lose your life.

I can only imagine what the families and officers are having to come to terms with.

I understand the settlement, but it really speaks to how bad our legal system is.

11 people like this
Posted by BobB
a resident of Another Pleasanton neighborhood
on Apr 22, 2018 at 8:17 am

BobB is a registered user.

Pleasanton police are getting better training so that in the future they will be better prepared to deal with mentally ill. This is a very positive result of lawsuits like this. I am glad we have one of the best legal systems in the world.

21 people like this
Posted by Pete
a resident of Bonde Ranch
on Apr 22, 2018 at 8:24 am

I think the police need to meet and maintain some level of physical fitness. He should not have resisted but for 15 policemen to be there and for this to happen seems beyond belief. Just think if the kid were black. I’m beginning to understand how the blacks feel about the police. This is California not some third world country.

35 people like this
Posted by what???
a resident of Downtown
on Apr 22, 2018 at 10:00 am

@pete--"I think the police need to meet and maintain some level of physical fitness"

Really. And they should always shoot the perp in the hand to avoid being shot themselves, and they should always use their words to talk any deranged person out of causing harm, and when it's all over they should hug and sing Kumbaya.

Get real. Commit a crime, pay the price. Any idiot who throws a 50# floor jack through the window and into the street is not someone who is sane or rational. Should he have died? Maybe not. Was it avoidable? Not at all and that was entirely due to his behavior. It happened near where I live and if they had allowed him to escape into the neighborhood, perhaps even into my house, I could have saved the City a lawsuit. The gun that lives on my nightstand (yes, purchased legally and locked away when I am not sleeping) would have fired all six rounds without so much as a warning. Come into my home uninvited and you will only leave one way. Could have saved the City the money.

21 people like this
Posted by Grumpy
a resident of Vineyard Avenue
on Apr 22, 2018 at 10:15 am

Grumpy is a registered user.

You know, none of us were there, and not one of the officers turned on their cameras, so we really have no good evidence on what should have happened.

I suspect there was a way to avoid killing this person, but that it probably wasn’t obvious in the ground how to avoid shooting him. This is the real problem with not mandating that the body cameras be on. The police missed a real opportunity to learn how to handle this better, even if one doesn’t wish to fault their actions here.

24 people like this
Posted by Lou Stuhle
a resident of Jensen Tract
on Apr 22, 2018 at 10:33 am

Lou Stuhle is a registered user.

15 cops? the "facts" are being completely skewed here. might want to check up on that.

as for the body cameras, this happened before the department had purchased contemporary cameras for the entire force. now, all officers have them and are required to use them on all contacts.

110 people like this
Posted by Mark
a resident of Pleasanton Valley
on Apr 22, 2018 at 9:00 pm

@what??? So the price of mental illness in your mind is death? This is a classic case of a young man having a psychotic break. He was in all likelihood unaware that he was committing a crime. Of course it's all about you bragging about your gun on the nightstand though. Really helpful. Sad for the victim and sad for the police officers involved.

14 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on Apr 22, 2018 at 11:03 pm

By all means you are fully entitled to allow someone to attack your person, family, and homestead and ask after if they were just on a mental illness or some other motivation. That is your right and I respect it.

Please respect that I would exercise my right differently what??? Would use six rounds, I'd use 1 from my shotgun. I'm not going to wait to find out motivation.

This individual attack police officers, he is from a family of law enforcement - the consequences were well understood.

10 people like this
Posted by Pete
a resident of Bonde Ranch
on Apr 23, 2018 at 7:40 am


You should consult with a attorney about the laws in California. Under California law unless the perp is armed you would be guilty of murder. There is no castle doctrine in California and you are only allowed to respond to an assault in like force. Police have a different standard and they can shoot an unarmed perp if they feel threatened, you cannot. Not to mention civil liabilities, you would do time and lose everything you own.

11 people like this
Posted by Doug
a resident of Birdland
on Apr 23, 2018 at 8:12 am

Pete wrote “Under California law unless the perp is armed you would be guilty of murder.“

Not a lawyer but pretty sure that that’s not true. If you’re in a position where you reasonably believe that your life is being threatened such as being thrown to the ground and being beaten to the point of unconsciousness by an assailant, then common sense says that you should be justified in using any means necessary to protect your life.

7 people like this
Posted by Pete
a resident of Bonde Ranch
on Apr 23, 2018 at 9:17 am


Common sense and law in California are different things. You should look into and I have. I was disgusted by what my attorney told me as well as 2 members of law enforcement. Different rules for law enforcement versus citizens. Not trying to be a smart.... just want people to be informed. Also your insurance will not pelrotect you either without a special policy.

21 people like this
Posted by Spudly
a resident of Laguna Oaks
on Apr 23, 2018 at 9:54 am

A mental illness evaluation is not something the police can do at that moment so please do not put that burden upon them while the act is in progress.

26 people like this
Posted by Lives Matter
a resident of Del Prado
on Apr 23, 2018 at 9:59 am

I understand the kid Demming was wrong, no question. It's unclear that he had to die for this...

The story does not add up...

"Kunkel tried to stun Deming with a Taser to the forehead, but Deming kept punching Kunkel, the officer told investigators. Kunkel then fired three gunshots toward Deming when he felt himself losing consciousness, police stated. The 19-year-old later died at an area hospital."

It stinks, it really stinks... really you can be punched in head fearing for your life and reach for your stun gun at close proximity, and he kept punching and you laid there able to reach for your handgun ? Officer can back away if he had this much at stake... Very made up BS... Officer Kunkel is a liar and a murderer.

Once again, the kid Demming was wrong, no question about it. He *may* have been rehabilitable... thus Lives Matter.

116 people like this
Posted by Diana
a resident of Amador Valley High School
on Apr 23, 2018 at 10:40 am

Where is Pleasanton's humanity?

This teenager was experiencing a psychotic episode. He had no substance in his system. This young man did not set out to commit a crime or hurt anyone. "Mens rea" is the mental element of a person's intention to commit a crime. He was not capable of committing a crime. He should not have died.

This confused boy put up his hands to show he had no weapon saying, "I have nothing I mean you no harm". He then got back on all fours and roared that he was a "Mountain Lion".

The DA and autopsy report did not support Kunkle's statement. No offensive bruising on John's hands or on Kunkle's face to support John beat Kunkle.
In the 45 pages of statements and video narratives, from July 5th, there is not one mention of any blood on officer Kunkel. If John was on top of Kunkel, when he is shot in the chest and though the brain, how is Kunzel not covered in John’s blood? If the officer was kicked in the face then punched repeatedly in the face why is there no mention of his own blood, or a split lip, or split eye? None of the officers or EMTs who aid him mention blood or injury. There was trama to John's body that supports the statements that police commanded the dog to maul John while he lay dying.

Ignorance of mental illness is disappointing, but it is inexcusable for police. Police are trained to recognize and understand that when a person is experiencing cognitive confusion, it is not a choice, they can not respond rationally to commands. John was not capable of being rational, he thought he was a mountain lion.
Officers on scene recognized that John was having a psychotic episode, they discussed it then chose to disregard their deescalation training, training that could have saved this boys life.

Our police have a responsibility to preserve life. John was a beloved son. If this had been handled properly he did not have to die.

Hope and Humanity, and Pleasanton failed this teenage boy in crisis.

22 people like this
Posted by Doug
a resident of Birdland
on Apr 23, 2018 at 11:09 am

To Diana:
If you want to play games of 20/20 hindsight and speculate about John Deming’s state of mind, fine. But if you want to insinuate that Officer Kunkel and/or the PPD murdered John Deming then I think that your behavior here is irresponsible and reprehensible.

23 people like this
Posted by Flightops
a resident of Downtown
on Apr 23, 2018 at 11:26 am

Flightops is a registered user.

Looks like we have some real armchair critics who need to stand up and go through that police academy and then get out there on our streets and show everybody how they could handle a situation like that. Thank you PPD for what you do everyday!!!! Who is reimbursing specialty car sales for all the damage done by this fine young misunderstood gentleman??

19 people like this
Posted by Lou Stuhle
a resident of Jensen Tract
on Apr 23, 2018 at 12:20 pm

Lou Stuhle is a registered user.

wow. diana, looks like an open and shut case of murder according to your "facts". wonder why geragos settled for what amounted to little more than filling up the gas tank of his benz...

12 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on Apr 23, 2018 at 3:54 pm

Pleasanton Parent is a registered user.

Without question the preference is to resolve a situation without violence or harm, and when attacked, we need to support our police officer's right to protect themselves.

If we don't, if we constantly criminalize their actions, we will have not police officers willing to do the job. We must support and give them the tools and the decision making ability.

And that doesn't mean we don't review and improve based on situations like this and others - and when they truly are criminal (i.e. recent issue of prison guard setting up a beating of another inmate, throw the book and beyond at them) - this is not that however.

33 people like this
Posted by DKHSK
a resident of Bridle Creek
on Apr 23, 2018 at 10:14 pm

DKHSK is a registered user.

If the police did everything correctly, then why is there a settlement?

5 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on Apr 23, 2018 at 10:45 pm

Pleasanton Parent is a registered user.

DKHSK - read the article, the justification is stated.

Like this comment
Posted by Jake Waters
a resident of Birdland
on Apr 23, 2018 at 11:51 pm

Jake Waters is a registered user.

The article indicates that the officer resigned, does anyone know how he is doing?

22 people like this
Posted by Billie
a resident of Mohr Park
on Apr 24, 2018 at 10:25 am

Billie is a registered user.

The article does *not* say that Kunkel resigned. It states "Kunkel no longer works for the Pleasanton Police Department, though Sodergren declined to confirm details about when or why the officer left the department."

According to LinkedIn, as of Feb 2018, Kunkel is now an "Experienced Criminal Justice Professional working as a Victims Witness Intern with the Contra Costa District Attorney" where he will:
"-Initiate contact with victim’s of violent crimes; advise crime victims of their rights and assist them

-Review police department crime reports, contact victims of crime in which a person has been arrested, provide crisis intervention and emergency assistance, conduct immediate needs assessment and provide information and referrals to other agencies and community services

-Provide ongoing emotional support, encouragement and information to victims as the case moves through the criminal justice system, support during court proceedings, and update victims regarding the ongoing status of criminal proceedings"


His profile speaks glowingly about himself and his time with both the Antioch (Oct2006-Mar2014) and Pleasanton (Mar 2014-Oct2017) Police Departments. Of course, there is nothing about how he was "relieved of his duties with the Antioch Police Department after filing a lawsuit against that Department for 'emotional distress,' which was still pending when he made the transfer to the Pleasanton Police Department in March 2014." Web Link Nor about his involvement with the death of young Deming.

2 people like this
Posted by Billie
a resident of Mohr Park
on Apr 24, 2018 at 10:33 am

Billie is a registered user.

LinkedIn weblink: Web Link

33 people like this
Posted by DKHSK
a resident of Bridle Creek
on Apr 24, 2018 at 8:37 pm

DKHSK is a registered user.


I read the article, which is why I asked the question.

Financial constraints does not explain the events that lead up to what happened that night. A court of law would have been a good place to receive those answers.

Now, with no sides admitting fault and the city $250k lighter, we will never know.

9 people like this
Posted by Just the facts
a resident of Another Pleasanton neighborhood
on Apr 26, 2018 at 12:26 pm

Just the facts is a registered user.

It is so sad to see all you neigh sayers commenting so recklessly. Why don't you realize that we have a great police department, staffed by good officers. In this instance, the man broke into the business - a burglary! When police arrived at the business, he refused to come out and surrender and responding by throwing floor jacks through the business at officers - a vandalism. When the officers entered the building to try and arrest the man, he ran out of the building, where Officer Kunkel tried again to get him to stop. The man then attacked Kunkel - resisting a police officer, and attempted murder of a police officer. Kunkel feared for his life and was left with no other option than to use his gun to defend his life. Unfortunately, after the suspect was shot, he died.

Please explain to me how the police are at fault here. The suspect committed numerous crimes and some of you are suspicious or condemn their actions. What should Officer Kunkel have done? The city settled the case for the menial amount that it did, because it would cost the city a lot more to go through a court process. If the suspect's family and attorney thought they were due millions, do you think they would have settled for this amount?

Be reasonable people and be responsible with your commentary. Yes, the 1st Amendment does allow all of us to express our thoughts and opinions but we should do so with some caution when we are questioning those charged with protecting us. Police work can be a thankless job as many of you know. We all have a duty to assure the justice system; police, lawyers, judges etc. are doing things honesty and ethically, but we also must realize when they have operated within the law and done a good job. It is tragic that a man lost his life in this situation but the officer wasn't left with much choice.

I do realize that many of you see what really happened here, but others of you speak and don't realize the truth. Maybe you can research the truth before you speak, questioning actions. Give things some time and then question. The Alameda County District Attorney's office investigated the case and found no criminal actions on the police departments fault.

In the meantime, enjoy the great community of Pleasanton we live in and honor the men and women who are charged with keeping it that way.

57 people like this
Posted by Djohns
a resident of Amador Estates
on Apr 30, 2018 at 3:50 pm

Djohns is a registered user.

READ the report: The DA investigative report noted on two occasions that John was experiencing a “troubled state of mind”. DA investigative report: Web Link

I am glad that many of you are angry. You are angry because you do not want to believe the facts that I posted could be true. You would rather be angry with me than be forced to see that the crisis with excessive force is real. This was a kid from a Good family, just like our kids. Any of our kids or grandkids are at risk of the same fate, it should make you angry that anyone's loved ones are at risk. The outcome of this lawsuit is because 'legally justifiable' is not the same as right or moral. Legally justifiable use of deadly force has a very low standard for police... that should make you angry.

You do not want to read the investigative report because you will read that what I have written is fact. You do not want to read the investigative report because you will read that officers recognized there were “big red flags”, “there is something wrong with this guy” “he thinks he's a mountain lion and shit” officers say, “5150 let’s get a wrap” other officers say we’ll get it later. At least half of the officers on the scene had been trained in CIT response, they knew John was in psychosis and the protocol was to deescalate. John’s confusion, agitation, and fear increased as he was pursued, which is what the officers were trained in CIT to prevent. You do not want to read the report because you will read that when this unarmed boy was shot in the abdomen and through the brain, bleeding to death, Officer Sheldon commanded the dog to attack the dying boy.

Read the investigative report, it concludes on page 44, ”evidence indicates Deming may have been at an emotional crossroads…. Deming wrote “CONFRONT ME IN PEACE. I HAVE MUCH TO TEACH” “HOPE & HUMANITY HAS FAILED”. “Deming smashed his guitar …the fact that Deming would intentionally break a prized possession may be indicative of his troubled state of mind.”

BTW, if you care about property damage over the life of this beloved son(businesses have insurance)You Have No Humanity!

PPD is a good department of good men and women. No one wanted this boy to die, being a cop is not a profession that "win some, lose some" is good enough. There is no number of good things that makes the death of this kid okay. We want police to have every tool and training possible to keep them safe. Their job is to interact with people at their worst and protect people at their most vulnerable. Sanctity of life must be the priority. You should be angry that this tragedy happened in our community…in any community!

A responsible citizenship will require transparency and accountability, an apathetic community will get neither. BE ANGRY!

To John Jr's family, I am sorry, John did not deserve this...

13 people like this
Posted by Lou Stuhle
a resident of Jensen Tract
on Apr 30, 2018 at 7:11 pm

Lou Stuhle is a registered user.


i'm quite sure the men and women of the department can make due without your platitudes. you are condemning them for just being there. it was a no win situation. you have the comfort and convenience of second guessing them with facts gathered after the fact and zero insight into police jargon (which is key in this case as officers use of "5150" amongst each other does not necessarily equate to a fully investigated finding of a subject who meets the criteria to be placed on a 5150 hold).

it's easy to throw around words like "deescalate", but what does that actually look like? sounds like you've been to CIT training so why don't you shed some real light on this situation and tell us what the CIT manual dictates as a response to this situation.

you have to realize that these officers weren't called to a scene of a person they knew to be in mental crisis. they were at that dealership investigating a crime (several as it turns out). if they had the knowledge, at the time, that the suspect was not under the influence of any drugs or alcohol and had a clinical diagnosis in hand of schizophrenia or some other mental disorder, what should have been their course of action? they gave him verbal commands (ignored). they tried to use less lethal shotgun rounds (ineffective). they used a taser (ineffective). what options did they have? walk away? let him continue to destroy the dealership? let him continue to risk injury and/or great bodily harm to himself (if you've read the report as you say, you know what i'm referring to)? not every situation can be solved with a sit down, get-to-know-you conversation. at some point, if communication breaks down or is ineffective, action is required and as far as i can tell, PPD used every less lethal means at their disposal up until the point officer kunkel was starting to go unconscious.

so because he wrote that he wanted a peaceful confrontation, you ignore the violence he acted with? i guess that's like the old "no offense, but..." and insert heinous, offensive comment. but i said "no offense"!

and btw, nobody is equating property damage to loss of life. you are conflating those issues. demming didn't die because he was committing vandalism, he died because he was committing violence against a police officer. violence that was great enough that officer kunkel felt he was going to die.

4 people like this
Posted by Just the facts
a resident of Another Pleasanton neighborhood
on May 4, 2018 at 8:58 am

Just the facts is a registered user.


You continue to critique and make ignorant statements! "they knew John was in psychosis and the protocol was to deescalate" Really! How would they know that? You are passing judgement with facts learned after the case was investigated and not known to the officers at the time this happened! Can you tell the difference between someone under the influence of drugs, demonstrating violent behaviors and someone with mental issues demonstrating violent behaviors? No! He threw floor jacks at the officers and refused to surrender. He was trying to run away and chose to turn and attack the officer. Bad decision after bad decision. Yes, he may have had mental illness, but we will never know for sure.

Lou, you have it absolutely correct! The officers used every tool at their disposal to try and get Deming to stop his violent and destructive behaviors. When he attacked Kunkel, he sealed his own fate. Kunkel feared for his life! He attempted to use his taser to fend off Deming, to no avail. He was left with no other option but to use deadly force to save his life and stop Demings criminal actions.

It is unfortunate that a young man lost his life. It is tragic when anyone loses their life. If you think that the officers go out every day intending to abuse their powers, you have your head in the sand. If you think this was a display of excessive force, you are out of your mind. Would you have them try to talk a man down who was on top of you, beating your head into the concrete. I think not, wake up sir!
Yes, there have been incidents of excessive force by police in this country and we as a society are charged with assuring they do not continue to occur. Don't forget one thing here, the human factor. All trades make mistakes and have had incidents of abuse; doctors, lawyers, mechanics, construction workers etc. We have to hold all of them accountable for their actions as well.

Get off your high horse and support a job well done by PPD. Can lessons be learned by looking at unfortunate situations after they occur? Of course, and I am sure the officers and administrators at PPD have looked at this situation and critiqued what they did well and what could do differently in the future. If you think you can do the job better, then by all means, apply and sign-up for the job. Communities are looking for good men and women. It is a job that only a select few can or would want to do.

Pleasanton is a great community because of all of our fine public servants. Thank you for the jobs you do!

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