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Thomas Buelow Claim \ . ... BARRY A. LINDAHL, CORPORATION COUNSEL MEMO To: Date: Mayor Terry Duggan and Members of the City Council June 27, 2000 Re: Claim of Thomas Buelow CLAIMANT DATE OF CLAIM DATE OF LOSS NATURE OF CLAIM Thomas Buelow 5/25/00 4tl8/00 property damage This is a claim for damages to the door of the claimant's rental property, which was damaged by Dubuque police officers answering a call to check on the resident's welfare. ~hey could not gain entrance without damaging the door. According to the report of Assistant Police Chief Terry Lambert, the City exercised due care under the circumstances and 'Is not responsible for the damage. It is therefore the reCom- mendation of the Legal Department that this claim be denied. Q O~~ '-; C" . , . a o C-.. C ....i';:>" ""- :0 m Cj in -- ........ iTl o 1'..:> co :tn 3:: __0 )> ..:::~ (')" CD <It o BAL/cg/Attachment cc - Chief John Mauss cc - Assistant Chief Terry Lambert cc - Mr. Thomas Buelow 196 CYCARE P'LAZA DUBUQUE IOWA 52001 TELE 319 583-4113 FAX 319583-1040 e-mail balesq@mwci.net 0, " Dubuque Police Department Law Enforcement Center P.O. Box 875 Dubuque, Iowa 52004-0875 Phone (319) 589-4410 Fax (319) 589-4479 5UB~E ~~~ 27 June 2000 Carol Gulick Legal Department Dear Ms. Gulick: I have reviewed the claim form filed by Mr. Thomas Buelow as well as an Incident Report filed by the responding officer. At 3:10 P.M., April 18, 2000, police were requested to conduct a welfare check on one Jessica Kearney, who resides at 2905-1/2 Burden. The Fire Department alsso responded as Ms. Kearney, who had been, on the telephone with her parents, had indicated she was sick. Her parents live in Mason City, Iowa, and they made the request to check on their daughter. The responding officer requested Dispatch to call the hospitals in an attempt to locate Ms. Kearney and that was not successful. He also had Dispatch attempt to contact the landlord to obtain a key, and that attempt was also unsuccessful. Phone calls to the apartment indicated a ~usy line. Unlocked windows were looked for and none were found. After repeated knocking with no response, the door was forced by members of the Fire Department. The apartment was vacant. My recommendation would be for Mr. Buelow to make his claim against his renter. The City exercised due care under the circumstances and is not responsible for the damage. Sin~erely, ~~~~ TertY Lambert Assistant Chief of Police TLt'mb Service People Integrity Responsibility Innovation Teamwork