Loading...
Claim Response Fuhrman, RusselBARRY A. LINDAHL, CORPORATION COUN~jEL, CITY OF DUBUQUE MEMO TO: DATE: RE: Claimant Russell J. Fuhrman Mayor Terrance M. Duggan and Members of the City Council December 23, 2002 Claim Against the City By Russell J. Fuhrman Date of Claim Date of Loss 11/19/02 11/06/02 Nature of Claim Property Damage This is a claim in which claimant states that police used forced entry at 940 South Grandview to do a welfare check, which resulted in damage to the door, frame and lock at that residence. According to the report of Klm Wadding, Chief of Police, the Gannon Center requested a welfare check on November 5, 2002, regarding the person residing at 940 South Grandview. When officers ardved, the residence was found locked and the windows were barred. Officers contacted the Gannon Center in attempt to locate a relative of resident, and found resident was "red flagged", having made recent suicidal statements. Russell Fuhrman was identified as a relative of the resident, but did not possess a key. Upon looking into the residence, resident was found lying on the bedroom floor, unable to get up, and waving his arms motioning to the officers. Finding no other way to enter the residence, officers were granted permission by the shift commander to force entry into the home. Although damage was done to the front door of 940 South Grandview, circumstances surrounding this incident necessitated officers to use force entry. Russell Fuhrman, because of the incapacitation of the resident, sought to have the door fixed on resident's behalf. Mr. Fuhrman was erroneously told by an officer on the scene that if he submitted a claim to the City for reimbursement of the door, the City would take care of the damages. Although Russell Fuhrman found later this information was incorrect, the door had already been fixed. SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET Because Chief Wadding believes that Mr. Fuhrman acted in good faith, it is his recommendation to approve this claim in the amount of $497.70. The Legal Department concurs with this recommendation. BAL/tls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Klm Wadding, Chief of Police Russell J. Fuhrman SUITE 330, HARBORVIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET THE CITY OF ~ DATE: December 16, 2002 TO: Barry Lindahl Legal Department FROM: Klm B. Wadding Police Chief RE: Claim against the City of Dubuque by Russell J. Fuhrman #02-51100 INTRODUCTION Regarding the claim for damages, I have attached the narratives of the incident report including a supplemental memorandum from Officer Andrew E. Harden outlining the circumstances surrounding the entry into 940 South Grandview on November 5, 2002. BACKGROUND On November 5, 2002 at 11:35 A.M. the Gannon Center requested a welfare check regarding Glen Fuhrman of 940 South Grandview. When officers arrived at 940 South Grandview, the officers found the residence locked. Additionally, the first floor windows had bars for added security. Officers contacted the Gannon Center to locate any relatives and found that Glen Fuhrman was "red flagged" having made suicidal statements in the recent past. Russell Fuhrman was identified as a relative and contact was made with him. Russell Fuhrman did not have a key to the residence. As officers continued to look into the residence, Glen Fuhrman was found lying on the bedroom floor unable to get up. Glen Fuhrman was waving his arms appearing to be motioning the officers to enter. Finding no other way to enter the residence, officers sought permission from the shift commander to force entry into the home. Permission was granted and with assistance from the fire department, the officers were able to gain entry through the front door. Glen Fuhrman was taken by ambulance to Mercy Hospital Emergency where he was admitted for observation. DISCUSSION In reviewing the actions of the responding officers, the officers examined the residence for ways to enter. Only when the officers found Glen Fuhrman lying on the floor waving his arms and having the inability to get up, and having exhausted all other possible less intrusive ways to enter, did the officers seek permission to execute a forced entry. The exigent circumstances surrounding this situation made it necessary and reasonable for the officers to make a forced entry into the home. RECOMMENDATION Although damage was done to the front door of the residence, the exigent circumstances surrounding the welfare of Glen Fuhrman necessitated the officers to act quickly and use necessary and reasonable force. Further investigation revealed Russell Fuhrman is a distant relative and has had very little contact with Glen Fuhrman. Because of the incapacitation of Glen Fuhrman, Russell Fuhrman sought to have the door fixed on Glen Fuhrman's behalf. Russell Fuhrman understood from a conversation with Officer Andrew Harden that if he filed a claim with the city, the city would take care of the damage amount. Although Russell Fuhrman found later this information was incorrect, the door had already been fixed. I believe Mr. Fuhrman acted in good faith and therefore would recommend payment of the $497.70 claim. ACTION REQUESTED To make payment to Russell Fuhrman in the amount of $497.70 for damages done to the front door of 940 South Grandview on November 5, 2002 by members of the Dubuque Police Department.