Claim Response Kivlahan, JohnBARRY A. LINDAHL, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To: Mayor Terrance M. Duggan and
Members of the City Council
DATE: May 23, 2002
RE: Claim Against the City By John Kivlahan
Claimant Date of Claim Date of Loss Nature of Claim
John Kivlahan 05/01/02 03/02/02 Property Damage
This is a claim in which the claimant states that police used force entry at his rental
property located at 280 West 17th Street, Apt. 21, due to a deceased tenant. As a result,
the screen and sash of the storm door, and the window insert of the interior door were
damaged.
According to the report of Kim Wadding, City of Dubuque Police Chief, Officer Schmeichel
responded to 280 West 17th Street, Apt. 21 on March 2, 2002 at 12:11 p.m., concerning a
medical emergency. Upon arrival of Police and Fire personnel, entry could not be gained,
making it necessary to force entry the back door. At this time it was determined that the
tenant, Charles Frost, had expired from apparent natural causes.
Chief Wadding states that attempts are made to evaluate all alternatives before using
force entry, and feels that due to the exigent circumstances, officers acted appropriately
in gaining immediate access into the home. Based upon these conditions, Chief
Wadding recommends denial of this claim. The Legal Department concurs with this
recommendation.
BAL/tls
CC: Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Kim Wadding, Police Chief
John Kivlahan
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL BALESQ~MWCI.NET
THE CITY OF DUBUQUE
DATE: May 15, 2002
TO: Barry Lindahl
Legal Department
FROM: Kim B. Wadding
Police Chief
RE: Claim against the City of Dubuque by John Kiviahan
Regarding your letter of May 8,2002, Dubuque Police Officer Tom Schmeichel
did respond to 280 West 17th Street Apartment #21 on March 2, 2002 at 12:11 P.M.
concerning a medical emergency. Upon arrival Fire and Police personnel could not
gain entry causing them to force the back door. Upon entry the officers found the
tenant, Charles Frost, dead of apparent natural causes.
These types of situations are unfortunate and attempts are made to evaluate all
alternatives before taking action. Due to the exigent circumstances, officers acted
appropriately in gaining immediate access into the home. Based upon these
conditions, I recommend denial of the claim. Thank you.