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Claim Response, Plumley StevenBARRY A. LINDAHL~ CORPORATION COUNSE'~x~. CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: March 31, 2003 RE: Claim Against the City By Steven Plumley Claimant Date of Claim Date of Loss Nature of Claim Steven Plumley 03/18/03 03/15/03 Monetary Loss This is a claim in which claimant alleges that as he was stopped by City of Dubuque Police, his billfold was lost after the arresting officer placed claimant's billfold on top of the police squad, and later drove off with billfold still on the roof of squad, resulting in the billfold being lost. According to the report of Kim Wadding, Chief of Police, an incident report and memorandum was submitted by the arresting officers confirming this inddent. Although there is a discrepancy as to the contents of the wallet, no on-scene inventory was completed, making the wallet contents unverifiable. For this reason and the fact that an arresting officer was the last person to have control of the wallet, it is Chief Wadding's recommendation to approve the claim for the amount of $190.00. The Legal Department concurs with this recommendation. BAL/tls CC: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Klm Wadding, Chief of Police Steven Plumley SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCLNET THE CITY OF ~ DUB DATE: TO: FROM: RE: Mamh 28, 2003 Barry Lindahl Legal Department Klm B. Wadding ~.'~ Police Chief Claim against the City of Dubuque by Steve Plumley, Case #03-9827 INTRODUCTION Regarding the claim for damages, I have attached the incident report and follow up memoranda from Officer Shawn Claussen, Officer Jay Mordssette, Officer Ted Krapfl, Deputy Pat Day, and Assistant Chief Terry Tobin. BACKGROUND On Mamh 15, 2003 at approximately 12:16 A.M., Officer Shawn Claussen arrested Steven Plumley, age 46, for operating a motor vehicle while under the influence at 3rd and College. At the time of the arrest, Officer Claussen did pat down Steven Plumley removing a black leather wallet, embossed with a Harley Davidson logo, and placed it on the roof of his squad car. During the arrest Laura Plumley, Steven Plumley's wife, asked Officer Morrissette if she could have Steven's wallet. Officer Morrissette told her no but asked Steven Plumley if he had any money to give to his wife so she could take a cab home. Steven Plumley said he did not have any money but did consent to give the car keys to her. When Officer Claussen arrived at the law enforcement center, he discovered the wallet was missing. Officer Nathan Tyler and Officer Ted Krapfl searched for the wallet retracing the route and the interior of the squad with no success. Officer Claussen interviewed Steven Plumley regarding the wallet contents and was told there was approximately $70 in cash, his driver's license, and his Social Security card. Officer Claussen asked if there were any checks, credit cards, or phone cards and was told by Steven Plumley there were none. Because Laura Plumley had been present at the scene, Officer Justin Stair made contact with her at 821 Lincoln. When asked if she had retrieved the wallet at the scene, she said "Why? Did you guys lose it?" and then told the officer she had not taken the wallet. Laura Plumley further said the wallet contained Steven Plumley's paycheck. DISCUSSION Although there appears to be some discrepancy regarding the contents of the wallet, no on-scene inventory was completed making the wallet contents unverifiable. We do know Officer Shawn Claussen was the last person to have control of the wallet and had placed it on top of the squad car during a procedural pat down, discovering later the wallet was missing. RECOMMENDATION Due to the circumstances described above, I recommend payment for the wallet in the amount of $30 and its monetary contents of $160, for a total claim of $190.