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Claim by Lakesha WheelerTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL To: Mayor Roy D. Buol and Members of the City Council DATE: May 14, 2009 RE: Claim Against the City of Dubuque by Lakesha Wheeler Claimant Date of Claim Date of Loss Nature of Claim Lakesha Wheeler 05/01 /09 02/09/09 Property Damage This is a claim in which the claimant alleges that police used forced entry to gain entry into her residence at 1202 White Street after a neighbor reported a disturbance coming from the apartment. According to the report of Kim Wadding, Chief of Police, Dubuque Police responded to 1202 White Street #1 for a possible physical disturbance. The complainant reported hearing yelling and pounding coming from apartment #1. The complainant reported an unknown male had left the apartment and then returned where the yelling and pounding started again. The complainant could hear a female yelling and the sound of various articles being broken. When police arrived no one answered the door or made contact with the police. Due to the reported yelling and the sound of breaking articles, the police forced the back door causing minor damage to the door frame. Chief Wadding reports that based upon the information known at the time of the entry, the forced entry was found to be reasonable and the actions of the officers were appropriate and prudent. However, claimant is a tenant of this residence and not the owner. It is therefore the recommendation of Chief Wadding to deny this claim, and approve a claim if submitted by the owner, Swift/Heartland Trading Company, (managed by Executive Management) if owner agrees to claimant's submitted estimate, or owner submits a separate reasonable estimate. The City Attorney's Office concurs with this recommendation. BAL:tIs cc: Michael C. Van Milligen, City Manager Kim Wadding, Chief of Police Lakesha Wheeler Swift/Heartland Trading Company, c/o Executive Management 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 / EnnAIL tsteckle@cityofdubuque.org