Thomas Buelow Claim
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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.
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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,
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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
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