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Claim by Bonjour EstatesTHE CITY OF DUBUQUE Masterpiece on the Mississippi MEMORANDUM BARRY LINDAHL CITY ATTORNEY TO: Mayor Roy D. Buol and Members of the City Council DATE: January 8, 2009 RE: Claim Against the City of Dubuque by Bonjour Estates Claimant Date of Claim Date of Loss Nature of Claim Bonjour Estates 12/21/08 08/02/08 Property Damage This is a claim in which the claimant alleges that police officers broke the lock at claimant's rental property in order to gain access after claimant's tenant dialed 911. According to the report of Kim Wadding, Chief of Police, Police responded to 1854'/2 Delhi Street on November 29, 2008, concerning a welfare check fora 911 hang up investigation. Upon arrival officers found the apartment locked with the lights on inside. Officers knocked several times and made numerous phone calls to the residence with no response. An attempt to contact the landlord was made but was unsuccessful. Permission was sought and approved to make entry into the residence. Upon forcing the door, officers found tenant inside and in no danger. Tenant told the officers that she had been messing around with her phone and probably called 911 by accident. Chief Wadding states that although the forced entry action was found to be reasonable and the actions of the officers were appropriate and prudent, in the interest of good faith and community relations, it is Chief Wadding's recommendation to approve this claim as filed for $319.78. The City Attorney's Office concurs with this recommendation. BAL:tIs cc: Michael C. Van Milligen, City Manager Kim Wadding, Chief of Police Bonjour Estates F:\USERS\tsteckle\Claims\Bonjour Estates\ReportMacroDeptManager 010809.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org THE CITY OF DUBUQUE Masterpiece on the Mississippi MEMORANDUM DATE: December 23, 2008 TO: Barry Lindahl, City Attorney FROM: Kim B. Wadding, Police Chief RE: Claim - Bonjour Estates, 1854 1/2 Delhi Street, Police Cast #08-55076 INTRODUCTION The purpose of this memorandum is to recommend consideration for payment regarding damage to the front door by police November 29, 2008 at the residence of 1854'/2 Delhi Street. BACKGROUND In reviewing the damage claim, Bonjour Estates reports the date of the incident occurred August 2, 2008 or thereabouts. The police department has responded to this address on numerous occasions. With regard to dates concerning this time period, Dubuque Police did respond to 1854'/2 Delhi Street concerning a welfare check August 7, 2008. This is the residence of Lynne Love. Lynne Love is deaf and has struggled with a history of mental illness and suicide threats and attempts. In this situation, Lynne Love had sent a fax to City Housing saying she was suicidal and shaky. Although Lynne Love is deaf she did communicate with City Housing through the telephone impaired assistance device where she appeared upset. From these indicators, City Housing asked the police department to do a welfare check. Upon arrival, officers were able to make contact with no forced entry and take Lynne Love to Mercy Hospital for evaluation. On November 29, 2008 at 3:13 P.M., Dubuque Police again responded to 1854'/2 Delhi Street fora 911 hang up investigation. Upon arrival officers attempted to call the residence but received no answer. On prior occasions, officers found Lynne Love in the residence attempting to cut her wrists. On this particular occasion, the apartment was found to be locked with lights on inside. The officers knocked several times and made additional phone calls with no response. An attempt to contact the landlord was made but was unsuccessful. Based upon prior history, permission was sought and approved to make entry into the residence. Upon forcing the door, Lynne Love was found inside unharmed and in no danger. Lynne Love told the officers she had been messing around with her phone and probably called 911 by accident. DISCUSSION Based upon the information known at the time of the entry, the police felt exigent circumstances existed compelling the officers to seek permission to enter the residence to check the welfare .of Lynne Love. This force included forcing the apartment door causing damage to the door frame and deadbolt lock. Although having to resort to forcing the door, this course of action was found to be reasonable and the actions of the officers were appropriate and prudent. A copy of the police report, pictures and the dispatch call for service is attached. RECOMMENDATION In the interest of good faith and community relations, I recommend payment of the damage to the front door that occurred November 29, 2008 regarding a 911 hang up investigation, based upon a qualified repair estimate. ACTION REQUESTED Action requested is consideration to pay for the damage, based upon a qualified repair estimate, to the front door damaged during a 911 hang up investigation November 29, 2008 at the home of Lynne Love, 1854'/2 Delhi Street.