Nicholas Steffen vs. City of Dubuque Stipulated Dismissal and ReleaseTHE CITY OF
DUB E MEMORANDUM
Masterpiece on th
BARRY LI
CITY ATT
To:
ississippi
R
EY
Iyor Roy D. Buol and
Members of the City Council
DATE: October 8, 2013
RE: Nicholas Steffen vs. City of Dubuque et al.
This lawsuit was filed by the Plaintiff, Nicholas Steffen against the City of Dubuque and
Dubuque County for injuries Steffen allegedly sustained during an arrest in which
Dubuque County's K -9 Unit was involved. A copy of Les Reddick's summary is
attached. The City was mistakenly named as a party to the lawsuit based on an error in
one of the Incident Reports.
The City previously offered to confess Judgment in the amount of $5,000, the purpose
of which was, without admitting liability, to put the burden on the Plaintiff for the
payment of costs and attorneys fees if a Judgment less than $5,000 was ultimately
entered in the case.
The case has been settled. The City agreed to contribute its previously offered $5,000.
The case has been dismissed with prejudice.
BAL:tls
Attachment
cc: Michael C. Van Milligen, City Manager
Les Reddick, Esq.
F: \USERS \tsteckle \Lindahl \Steffen, Nicholas vs. City, Wullweber, County et al \MayorCouncil_ DismissalWithPrejudice _100813.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org
Brian J. Kane
Les V. Reddick*
Brad J. Heying
Todd L. Stevenson*
Kevin T. Deeny**
Bradley B. Kane
Joseph P. Kane
Nicholas J. Kane
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IOWA 52001 -3091
All admitted in Iowa
*Also admitted in Illinois
* *Also admitted in Wisconsin
CONFIDENTIAL
Mr. Barry A. Lindahl
City Attorney
Harbor View Place, Suite 330
300 Main Street
Dubuque, Iowa 52001 -6944
Retired:
Gary K. Norby
Phone: (563) 582 -7980
Facsimile: (563) 582 -5312
E -mail: lreddick @kanenorbylaw.com
ATTORNEY /CLIENT COMMUNICATION
October 7, 2013
RE: NICHOLAS STEFFEN V. CITY OF DUBUQUE
Dear Barry:
Enclosed please find a Dismissal With Prejudice and executed Release in this case. Nicholas
Steffen sued the City of Dubuque and Dubuque County with respect to injuries he received during
an arrest in which Dubuque County's K -9 Unit was involved. The Complaint mistakenly alleged that
the City's K -9 Unit subdued Steffen, because of an error in one of the incident reports. While
Corporal Wullweber assisted Deputy Kennedy in subduing Steffen, he did not use his K -9 and he
did not injure Steffen in any way. We offered to confess Judgment for $5,000 upon receiving the
Complaint. The purpose of doing that was that under the Federal Rules if we tried the case and
Steffen received less than $5,000, e.g., a defense verdict, we could recover costs from the time of
filing the Offer to Confess Judgment including attorneys fees.
Dubuque County mediated the case with Plaintiff, but we did not participate in that
mediation. The total settlement was $72,500, of which the County contributed $67,500, the
remaining settlement amount being made out of our prior contribution of $5,000.
This matter is now totally resolved and we will close our file.
Very truly yours,
KANE, NORBY & REDDICK, P.C.
By (4),-A0
Les V. Reddick
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FULL AND FINAL RELEASE OF ALL CLAIMS
The undersigned, Nicholas Steffen, individually, and on behalf of his heirs, executors,
administrators, successors, assigns, subrogees, personal representatives, attorneys, and anyone
claiming by or through them (collectively referred .herein to as the " Releasor"), for and in
consideration of the payment of the sum of seventy two thousand five hundred dollars ($72,500),
the receipt and sufficiency of which is hereby acknowledged, does hereby irrevocably and
unconditionally waive, release, acquit, and forever discharge Dubuque County, Iowa, the .city of
Dubuque, Iowa (including their elected and appointed officials in their individual and official
capacities), Joe Kennedy, Brian Wullweber, Tim Kelly, Matt Sitzran, and J.J. Mootz, individually
and in their official capacity, the Iowa Communities Assurance Pool (ICAP), American Risk
Pooling Consultants, Inc., Public Entity Risk Services of Iowa (PERSI) and York Risk Pooling
Services, together with their employees, volunteers, employers, principals, agents, insurers,
attorneys, officers, directors, predecessor;, subsidiaries, affiliates, successors and assigns
(collectively referred to herein as the "Releasees "), of and from any and all liability, claims,
demands, charges, complaints, controversies, actions, ,causes of action, and suits at law or in equity,
of any kind or nature whatsoever, known or unknown, asserted or unasserted, suspected or
unsuspected, including without limitation any claim which was or could have been raised by
Releasor in a court of law or any other forum, and any.clami under any local, state or federal
statute, and any claim under any other statutory, administrative, constitutional, contractual, tort, .
common law or other legal or equitable theory whatsoever, which Releasor at any time heretofore
had or .claimed to have had or which Releasor may have or claim to have regarding any matter as of
the date of this Full and Final Release of all Claims. ( "Release "), including without limitation, any
and all claims related. or in any manner incidental to the complaint filed in the United States District
Court for the Northern District of Iowa, as Case No. 1 :12 -cv -00100 .(hereinafter collectively
referred to as "claim" or "claims "),
This Release by Releasor includes the complete and total satisfaction of any claim Releasor
may have had against Releasees including without limitation claims for personal injuries, emotional
distress, medical expenses, wage loss, lost benefits, loss of income, loss of services, :loss of
consortium, loss of property, damage to property, mental anguish, prejudgment interest, post -
settlement interest, general damages, liquidated damages, exemplary damages, compensatory
damages, punitive damages, infringement of civil/constitutional rights, unreasonable search, arrest
without probable cause, false arrest, false imprisonment, assault and battery, unlawful arrest,
malicious prosecution, use of excessive force, failure to properly investigate, failure to train,
acquiescence in unconstitutional conduct, maintenance of an unconstitutional custom, policy or
practice, failure to discipline, and expenses including but not limited to attorney fees and costs,
together with any and -all other Ioss, damage, and claim of every kind, nature, and description,
resulting from or hereinafter resulting from the acts and omissions of the Releasees.
As further consideration for the payment of.the aforesaid sum, Releasor shall immediately
dismiss the complaint filed in the United States District Court for the Northern District of Iowa, as
Case No. 1:12 -cv =00100 with prejudice. Releasor shall pay at its sole cost and expense all bills and
expenses incurred by Releasor as a result of the claims and Releasees shall have no liability for
same. Releasor further agrees to reimburse any person, insurance company, or other entity that has
1
paid, on behalf of the Releasor, any bills or expenses incurred in connection with the claims and
Releasees shall have no liability for same.
Releasor does hereby agree to indemnify, defend and hold the Releasees harmless from and
against any and all liability, claims, demands, actions, causes of action and suits at law or in equity,
for injuries, expenses, and damages blown or unknown, made against or sustained by the
Releasees, as a result of any amounts sought, claimed, or recovered by any insurer, person,
governmental agency or other entity subrogated to the rights of Releasor, against the Releasees, or
by any hospital, physician, medical provider or provider of services of whatever kind which
provided medical, hospital, or services of any kind to the Releasor. Such indemnification shall
include without lirriitation any and all attorney fees, court costs and any and all other costs and
expenses. Releasor does hereby agree to indemnify, defend and hold Releasees harmless iirorn and
against any and all liability, claims, demands, actions, causes of action and suits at law or in equity,
for injuries, expenses, and damages .known or unknown, made against or sustained by Releasees as
a result of any amounts sought, claimed, or recovered by any person who may now have or may
assert in the future a claim. for loss of any services or consortium as a result of the occurrence
identified. above. Such indemnification shall include without limitation any and all attorney fees,
court costs and any and all other costs and expenses.
Nothing in this Release shall prohibit Dubuque County, Iowa, the city of➢ubuque, Iowa, or
any of their employees or its elected or appointed officials from complying with the Iowa Open
Records Law.
Releasor acknowledges that the Releasees deny liability and responsibility for any and all
claims, and Releasor further acknowledges that the .payment of the foregoing sum shall not be
construed as an admission of liability and is solely paid to preclude any additional litigation
expenses. Releasor represents and warrants that he has not assigned all or any portion of the rights,
titles, andior interests in or with respect to the matters released hereunder, and that no trustee in
bankruptcy or assignee for the benefit of creditors has any right to the Releasor's claims hereby
released. Releasor also agree that the Releasees may use this Release against Releasor, Releasor's
successors, or any other person, in court or elsewhere, to show that no person is entitled to any
additional consideration should they ever attempt to assert any other claim for any reason
Whatsoever against the Releasees as a result of the occurrence.
Releasor further agrees that he will be responsible for payment of any and all taxes,
including but not limited to federal, state, and local taxes, as a result of the payment and receipt of
the foregoing sum. Releasor further acknowledges that he fully understands the terms of the
settlement and that he voluntarily accepts said sum for the purpose of making full and final
compromise, adjustment, and settlement of any losses and damages. Releasor agrees that this
Release shall in all respects be interpreted, enforced, and governed by the laws of Iowa. The
language of all parts of this Release shall in all cases be construed as a whole, according to its fair
meaning. If, after the date hereof, any provision of this Release is held to be illegal, invalid or
unenforceable under present or future laws effective during the term of this Release, such provision
shall be fully severable. In lieu thereof there shall be added a provision as similar in terms to such
illegal, invalid or unenforceable provision as may be possible, and be legal, valid and enforceable.
2
This Release may be executed in multiple counterparts, and all counterparts executed by the
parties, whether or not such counterparts shall bear the execution of each of the parties, shall be
deemed to be, and shall be construed as one in the same agreement.
THE UNDERSIGNED HAS READ THE FOREGOING FULL AND FINAL RELEASE OF ALL
CLAIMS AND FULLY UNDERSTANDS IT.
COUNTY OF
SS: STATE OF
RELEASOR:
NICHOLAS STEFfEN
Sworn to before me and subscribed by the said / C 0 es �/ , wh signed
the f• regoi g Rel ase and acknowledged to me that it was voluntarily signed this „gyp'? day of
_al i ll 'mss p e 2013.
Notary Public
_WI 1 SCf►R
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