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.