Claim Response Kilcoyne, MikeBARRY A. LINDAH~
CORPORATION COU~.SEL, CITY Of DUBUQUE
MEMO
TO:
DATE:
RE:
Claimant
Mike Kilcoyne
Mayor Terrance M. Duggan and
Members of the City Council
October 25, 2002
Claim Against the City By Mike Kilcoyne
Date of Claim Date of Loss
10/07/02 09/02/02
Nature of Claim
Property Damage
This is a claim in which claimant states that a police officer broke the rear window of
residence in order to gain entry.
According to the report of Klm Wadding, Chief of Police, this claim relates to an incident
that occurred on September 1, 2002. Police responded to 472% Loras Boulevard
regarding a report of an alleged sexual assault. As officers checked the extedor of the
building, a male subject was seen attempting to leave the residence through a window.
When the subject was confronted by Officer Jay Morrissette, the subject retreated back
through the exterior window and closed it. Officer Morrissette then kicked the window in
attempt to apprehend the subject.
Chief Wadding states that although Officer Mordssette was reasonable with his actions
while in pursuit of the possible suspect, it is his recommendation for payment of this claim
in the amount of $48.96. The Legal Department concurs with this recommendation.
BAL/tls
cc:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Klm Wadding, Chief of Police
Mike Kilccyne
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 CI2W OF ~
DATE:
TO:
FROM:
RE:
October 22, 2002
Barry Lindahl
Legal Department
Klm B. Wadding ~
Police Chief
,~ -
Claim against the City of Dubuque by Mike Kilcoyne #02-40528
INTRODUCTION
Regarding the claim for damages, I have attached the narratives of the incident report
including a supplemental report from Officer Jay Morrissette outlining the damage to the
window.
BACKGROUND
On September 1, 2002 10:27 p.m. Officer Jay Morrissette and Officer Trish Folger
responded to 472% Loras Boulevard regarding a report of an alleged sexual assault.
The officers were sent to secure the scene and locate a possible suspect. As the
officers checked the exterior of the building, Officer Mordssette saw a male subject
attempting to leave the residence through a window. When Officer Morrissette
confronted the subject and told him to stop, the subject refused and retreated back
through an exterior window. As Officer Morrissette attempted to grab the subject, the
subject closed the window causing Officer Morrissette to kick the window to apprehend
the subject. As Officer Mordssette followed the subject into the residence, the subject
retreated through a second window slowing Officer Mordssette allowing the subject to
gain distance and eventually exit on the other side of the residence and avoid capture.
RECOMMENDATION
Although Officer Morrissette was in pursuit of a possible suspect and was reasonable
with his actions, I recommend payment of the claim to the property owner, Mike
Kilcoyne, in the amount of $48.96.