Claim ResponseBARRY A. LINDAHL, ES.
CORPORATION COUNS F DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
Augu~ 15,2002
RE:
Claim Against the City By Carl Till
Claimant
Date of Claim
Date of Loss Nature of Claim
Carl Till 07/16/02 06/19/02
Property Damage
This is a claim in which claimant states that police broke a window to gain entry into his
rental property located at 2312 Prince Street, in attempt to apprehend a suspect.
According to report of Klm Wadding, Chief of Police, officers responded to a disturbance at
2312 Prince Street on June 19, 2002. Officers had made unsuccessful attempts to check
the welfare of those inside by asking suspect to open the door. The situation was viewed
as dangerous; therefore, the officers contacted the landlord, Cad Till, who came to the
apartment. A key could not be found, so the only remaining option was to break the small
door window:
Although the officers were justified in the entry, Mr. Till was told by one of the officers to
submit a bill for payment, instead of explaining how a claim is to be filed. This procedure
has since been explained to this officer.
It is therefore the recommendation of Chief Wadding to approve this claim in the amount of
$75.00. The Legal Department concurs with this recommendatiorr.
BALAIs
cc:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Klm Wadding, Chief of Police
Cad Till
SUITE 330, HARBOR VIEVV PLACE, 300 MAiN STREET DUBUQUE, IA 52001-69,44
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MVVCI,NET
THE CITY OF ~
DUB
DATE: July 31, 2002
TO:
Barry Lindahl
Legal Department
claim against the City of Dubuque by Carl Till Case #02-27925
Regarding the claim for damages, I have attached the incident report along with a memorandum I
received from Lieutenant Tom Parker who au!horized the officers to breach the window to gain
entry into the apartment. Due to the unsuccessful attempts by the officers to check the welfare of
· those inside by knocking and viewing the situafign as dangerous, the officers contacted the
landlord, Carl Till.
Carl Till did come to the apartment. When no key could be found to open the door, the remaining
option was to breach the small door window. Although the officers were justified in the entry,
Mr. Till was told by Officer Simon to submit a bill for payment instead of explaining how a
claim is filed and processed. Although this has been corrected with the officer, I would
recommend the city to pay the damage cost of $60.