Claim Response Mueller, ThomasBARRY A, LINDAHL, I= ~\,~.
CORPORATION COUNSEL,~CITY OF DUBUQUE
MEMO
TO:
DATE:
RE:
Mayor Terrance M. Duggan and
Members of the City Council
April 23, 2003
Claim Against the City By Thomas Mueller
Claimant
Date of Claim
Date of Loss
Nature of Claim
Thomas Mueller
04/02/03 02/17/03
Property Damage
This is a claim in which claimant alleges that the door, door frame, dead bolt, door lock
and wall adjacent to the door were damaged at his rental property, located at 3467
Hillcrest, Apartment #4, after City of Dubuque Police used forced entry in order to gain
entry to investigate a possible crime scene.
According to the report of Klm Wadding, City of Dubuque Police Chief, police were notified
on February 17, 2003 at approximately 9:10 p.m. of two possible murders at 3467
Hillcrest, Apartment fl4. Officers responded under exigent circumstances and first
attempted to gain access by knocking and announcing themselves. After receiving no
response, the officers made a forced entry into the apartment. Chief Wadding states that
due to the volatility of the situation and having received no response, the officers
responded in a reasonable manner to make a forced entry into the home.
Although police officers acted appropriately and properly, Chief Wadding is recommending
payment for the damages in the amount of $428.48. The Legal Department concurs with
this recommendation.
BAL/tls
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Klm Wadding, City of Dubuque Police Chief
Thomas Mueller
SUITE 330, HARBOR ViEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MVVChNET
THE CITY OF ~
DATE:
April 21, 2003
TO:
FROM:
Barry Lindahl
Legal Department
Klm B. Wadding
Police Chief
'T
RE:
Claim against the City of Dubuque by Thomas Mueller
INTRODUCTION
Regarding the claim for damages, I have attached the offense report outlining the
circumstances surrounding the entry into 3467 Hillcrest, Apartment #-4 February 17,
2003.
BACKGROUND
On February 17, 2003 at approximately 9:10 p.m. Dubuque Police officers responded to
3467 Hillcrest, Apartment CfA to investigate the possible murders of Lindsay Marie
Walker, age 9, and Jordan James Walker, age 8, by their father, Michael Walker.
Michael Walker had been apprehended a few minutes earlier and told officers that he
had suffocated his two children while at his residence of 3467 Hillcrest, Apartment #4.
Upon learning of this information, Lieutenant Scott Crabill and Officer Randy Roy
responded to 3467 Hillcrest, Apartment #4 and upon arrival heard a radio playing
inside. The officers repeatedly knocked and announced themselves with no response.
Based upon the seriousness of the information and getting no response, the officers
forced the door in an attempt to protect the welfare of the children. Once the officers
entered, the officers found both children dead.
DISCUSSION
In reviewing the actions of the responding officers, the officers responded under exigent
circumstances and did attempt to gain access by knocking and announcing. Due to the
volatility of the situation and having received no response, the officers made a forced
entry into the apartment. The exigent circumstances surrounding this situation made it
necessary and reasonable for the officers to make a forced entry into the home.
RECOMMENDATION
Although damage was done to the front door, the exigent cimumstances surrounding
the welfare of Lindsay Marie Walker and Jordan James Walker necessitated the
officers to act quickly and use necessary and reasonable force to secure the welfare of
the children. Although the police officers acted appropriately and properly, I recommend
payment for the damages in the amount of $428.48.
ACTION REQUESTED
To make payment to Thomas J. Mueller in the amount of $428.48 for damages done to
the entry door of 3467 Hillcrest, Apartment 4 on February 17, 2003 by members of the
Dubuque Police Department.