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
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~~~
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.