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.