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Claim Response Bauerly, Jim BARRY A. LINDAHL, CORPORATION COUNS OF DUBUQUE MEMO TO: Mayor Terrance M. Duggan and Members of the City Council DATE: January 4, 2005 RE: . Claim Against the City of Dubuque by Jim Bauerly Claimant Date of Claim Date of Loss Nature of Claim Jim Bauerly 11/23/04 OS/29/04 Property Damage This is a claim in which the claimant alleges that the door at 3355 Sunset Park Circle, Apartment 3 was damaged on May 29, 2004, when police broke it in order to gain entry after receiving a call from a neighbor of a possible gunshot being fired. According to the report of Kim Wadding, Chief of Police, police responded to 3355 Sunset Park Circle regarding a welfare check, after receiving a report from a neighbor having heard a possible gunshot. During the investigation, two other neighbors also reported hearing a gunshot. Several attempts were made by the police to contact the person living in Apartment #3. Unsuccessful attempts were also made to contact a key holder or family member. The officers then requested permission from the Shift Commander to enter the apartment, which was granted, and the entry was executed. Chief Wadding states that having to use forced entry is done as a last resort, however, was necessary in this case. Because minor damaged was caused to claimant's door, it is the recommendation of Chief Wadding to approve this claim for the amount of the submitted invoice of $222.00. The Legal Department concurs with this recommendation. BAL:tls cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Kim Wadding, Chief of Police Jim Bauerly SUITE 330, HARBOR VIEW PLACE. 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org i5îiB~E ~~~ DATE: December 20, 2004 TO: Barry Lindahl Legal Department Kim B. Wadding~' Police Chief -~ FROM: RE: Claim against the City of Dubuque by Jim Bauerly INTRODUCTION The purpose of this memorandum is to recommend payment of $222 for damages occurring May 29, 2004 to a front door of 3355 Sunset Park Circle, Apartment 3. BACKGROUND On May 29, 2004 Dubuque Police responded to 3355 Sunset Park Circle, Apartment 3, to investigate a welfare check regarding Jerad Lincoln. Kim Schreiner 3355 Sunset Park Circle Apartment #1 reported she had heard a gunshot believed to have come from Apartment #3. Kim Schreiner believed the tenant of Apartment #3 had been suffering from depression and was worried about his welfare. During the investigation two other neighbors also reported hearing a gunshot. DISCUSSION Upon arrival officers made several attempts to contact the person living in apartment #3. With no response, attempts were made to locate a key holder or family members. When officers were unable to find a key holder or a family member, the officers requested permission to enter the apartment from the Shift Commander, Lieutenant Mark Dalsing. As permission was granted and the entry was executed, the front door sustained minor damage. No one was found in the apartment. Having to use force under these conditions is done as a last resort. The officer actions were deemed reasonable and prudent. RECOMMENDATION Due to the exigent circumstances and the unsuccessful attempts to find a key holder or family member, entry was necessary to ensure the welfare of the person inside. Although attempts were made to enter the apartment without causing damage, minor damage did occur. I recommend payment of the claim in the amount of $222 to Mr. Bauerly.