Claim by Kischel Harris (2)Barry A. Lindahl, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
Kischel Harris
768 Nevada Street
Dubuque, IA 52001
Dubuque
All Amedca City
1111 t!
2007 • 2012 • 2013
April 22, 2014
RE: Your Claims Against the City of Dubuque
Dear Ms. Harris:
Masterpiece on the Mississippi
As you are aware, the two (2) claims that you filed against the City of Dubyque on
February 7, 2014 were referred to Public Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool (ICAP). ICAP Litigation Specialist John Baum was
assigned to and investigated your claims. As you are also aware, Mr. Baum denied
your claims and by letters dated February 12, 2014, provided explanations for the
denials. If you have questions regarding your claims, you may contact Mr. Baum: at
(888) 520-4074.
If you wish to appeal one or both of these claim denials, you are certainly welcome to
provide any additional information to the City Clerk who will place that information on an
upcoming City Council agenda. The City Clerk will then contact you to inform you of the
date of the City Council agenda your information will appear. You may also request to
speak at that City Council meeting.
Finally, you also have the option of filing a lawsuit in a court of appropriate jurisdiction.
Very sin - ly,
Barry A. Lindahl, Esq.
pity Attorney
BAL/tls
cc: John Baum, Litigation Specialist
DUBI*1JE MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
DATE: February 10, 2014
RE: Claim Against the City of Dubuque by Kischel Harris
Claimant Date of Claim Date of Loss Nature of Claim
Kischel Harris 01/27/14 10/07/11 Personal Injury/
Property Damage
This is a claim in which claimant alleges false arrest and willful injury, among other
things, on October 7, 2011 by the City of Dubuque Police Department.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Mark Dalsing, Chief of Police
Kischel Harris
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 tsteckle @cityofdubuque.org
2nd Claim 10-7-11
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
1. Name of Claimant: Kischel R. Harris
2. Address: 768 Nevada Street. Apartment #3
3. Telephone Number: Home phone # (563) 517 -7256
4. Date of incident: October 7, 2011 (Friday)
5. The time of incident: 5:18pm
6. Location of Incident: On Locust street in front of Maria's house in eye's view of the
Carnegie Stout Library
7. (See Attachment for accident description.) City employee's names: Nicholas Schlosser,
Chad Leizten, Kurt Rosenthal, Kyle Cross, Robert Prine, and Danyel McNally(trainee)
8. What were the weather conditions like? Sunny day
9. Names and addresses of any witnesses: Demetria Mims, Makayla Lurry, Savonna
Williams and Mycal Hall.
10. Did police investigate? Yes, Nicholas Schlosser
11. Was anyone injured? Yes, Kischel R. Harris, injured party/claimant hereinafter, and
heretofore referred to as "Claimant ", was injured. Claimant's first injury commenced when
she was insensitively and excessively apprehended, arrested, and detained unlawfully for
an alleged crime that was not committed.
12. Was any damage done to property? N/A
13. What other damages do you claim, if any? Claimant is seeking exemplary and
compensatory damages for which are warranted due to the excessive and brutal force
exhibited by Nicholas Schlosser resulting in injury to the Claimant.
14. Have you been compensated for any part or all of your claim by any insurance company?
( If so, give name and address of insurance company and amount paid.) No, claimant has
not been paid by any party.
15. What amount do you claim from the City of Dubuque? $25,200,000.00 USD
16. Why do you claim the City of Dubuque is responsible? Claimant holds City of Dubuque
responsible for injury as the individuals who perpetrated the false arrest and injuries upon
claimant are employees of the City of Dubuque and they have acted excessively and
oppressively, with impunity.
17. Have you made any claim against anyone else for damages as a result of this incident? If
yes, have you received any payment from that source, and if so, in what amount? No,
claimant has not made claim against anyone else.
18. If the answer to Question 17 is yes, have you received any payment from that source, and
if so, in what amount? N/A
Dated this 5th day of February, 2014.
Signature)
(Print Name)
Cc: National Urban League
Cc: NAACP
Cc: Rainbow Push Coalition
Tally as to the civil damages sustained by such criminal actions. RIGHTS OF THE CLAIMANT
DENIED OR VIOLATED
18 USC 3571 defined as a felony is $250,000 for each trespass, (denial or violation) secured,
preserved and protected by the Iowa Constitution and parallel sections of the U.S. Constitution
for the United States:
Forty (40) actions of high crimes and misdemeanors in a single count of conspiracy. All are
listed as misdemeanors ($100,000). An elected official in government doing these things would
be charged as felonies ($250,000), 18 USC 3571. Charges listed against all officers named as
their actions resulted in claimant's injuries.
Subtotal of damages in Count 1: $24,000,000.00 (40 x $100,000.00 USD x 6) [and if applicable
or some variance thereof] conspiracy is established of fraud, extortion, theft and
RACKETEERING and acts of SEDITION AND TREASON.
Subtotal of damages in Count 2: $900,000.00 (9 x $100,000.00 USD), totaling in crimes against
claimant by Dubuque Police and State of Iowa official, Assistant County Attorney.
Damages in Count 3: the injury of pain and suffering and mental anguish, which resulted in the
aggressive assault perpetrated by the civil servants employed by the Dubuque Police
Department: $300,000.00 (2 x $150,000.00), totaled.
• Count 1: $24,000,000.00
• Count 3: $900,000.00
• Count 4: $300,000.00
Grand Total: $25,200,000.00
LEDGER
Table of Crimes
The specified penalty (civil) damages for crimes committed are as listed on the TABLE OF
CRIMES on the following pages, drawn from the civil penalties as specified in the Criminal
Codes. Undefined crimes (Constitutional violations not listed in the Criminal Code) are set by
Title 18, United States Criminal Code.
1) AM 4 any action against me must be fully described in writing, issued by a court of law,
signed by a judge, and sworn on oath
2) AM 5 no person to be forced to say or do anything that could be used against him/her
later
3) AM 9 all rights belong to the people some are stated some are not
4) AM 13 no law- abiding person shall be forced to act against his will.
5) AM 9 all rights belong to the people; some are stated, some are not
6) AM 10 all government power comes from the consent of the people governed.
7) AM 14 all persons born or naturalized are US citizens and protected by US Constitution
8) AM 14 all persons equally protected and restricted by law
9) AM 14 no person to hold office if he rebels against or violates US Constitution (treason)
10) AM 14 no state shall make or enforce any law limiting rights of US Constitution
11) AM 14 no state shall deprive anyone of anything without fair trial
12) AM 14 no state shall infringe on a citizen's right to Life, Liberty, and Pursuit of Happiness.
13) 101 no state shall set anyone above the common man.
14) 101 no state shall work against US Constitution with anyone
15) 101 no state shall declare war on a person (resort to force) in violation of Constitution
16) 101 no state shall allow any person or group to make a law, judge on it, and punish under
it
17) 101 no state shall deny any citizen the right to contract
18) 101 no state shall undermine a contract established between two parties if said contract was not
in violation of health and welfare.
19) 193 no person or group can make a law, judge on it, and punish under it
20) 331 no controlling agency shall harass a US citizen (mixed war /treason)
21) 431 no controlling agency shall be formed in violation of US Constitution
22) 441 the US to protect every citizen against personal attack or attack on rights
23) 612 "This Constitution is the Supreme Law of the Land."
24) 613 all law makers court officials and enforcement officers are bound by oath to the US
Constitution
25) AM 4 any action against me must be fully described in writing, issued by a court of law,
signed by a judge, and sworn on oath
26) AM 5 no person to be deprived of anything without due process
27) AM 6 I may require as much in writing as is required of me
28) AM 9 all rights belong to the people some are stated some are not
29) AM 10 all government power comes from the consent of the people
30) AM 13 no law- abiding person shall be forced to act against his will
31) AM 14 all persons born or naturalized are US citizens and protected by US Constitution
32) AM 14 all persons equally protected and restricted by law
33) AM 14 no state shall make or enforce any law limiting rights of US Constitution
34) 101 no state shall work against US Constitution with anyone
35) 331 no controlling agency shall harass a US citizen (mixed war /treason)
36) 431 no controlling agency shall be formed in violation of US Constitution
37) 441 the US to protect every citizen against personal attack or attack on rights
38) 612 "This Constitution is the Supreme Law of the Land."
39) 613 all law makers, court officials, and enforcement officers are bound by oath to the US
Constitution.
40) AM 4 I am safe from any unwarranted searches /seizures.
The claimant was a victim of:
1. Kidnapping in the Second Degree
2. Unlawful Detention
3. Extortion
4. Assault with Deadly Weapon
5. Racketeering
6. Theft
7. Fraud
8. Willful Injury
9. Assault in Violation of Individual Rights
The claimant seeks general damages for:
1. Pain and Suffering
2. Mental Anguish
The specified penalty (civil) damages for crimes committed are as listed on the TABLE OF
CRIMES on the previous pages, drawn from the civil penalties as specified in the Criminal
Codes. Undefined crimes (Constitutional violations not listed in the Criminal Code) are set by
Title 18, United States Criminal Code (USC 3571).
The claimant also reserves to right to seek damages personally and severally if an agreeable
settlement is not reached.
Further, Claimant sayeth naught.
Signature
State of Iowa )
County of Dubuque )
y
Full Name Date
Subscribed and sworn to (or affirmed) before me on thisS=PIL day of , 2014
by Full Name, proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
S.4040124 erns
Notary Public
Ply &rim . Exr.
Cc: National Urban League
Cc: NAACP
Cc: Rainbow Push Coalition
(Seal)
NI. ERNST
Cor mi_.:a furr,ber 121349
My Cor',rnission Expires
"d y - /(o
I was pulled over by Police officer Nicholas Schlosser on October 7, 2011 it was a
Friday afternoon. I was pulled over initially for having different license plates than the
state regulated plates on my vehicle. When the officer asked me about my vehicle plates I
was talking to him calmly and respectfully. The paperwork that I gave the officer to take a
look at basically stated why I chose not to carry a license. My license Plates the original was
registered but not the ones that were currently on my vehicle at the time. My rights I felt
were violated when the officers took it upon themselves to make copies of my personal
papers and kept the copies as well as the originals without asking me for permission to
replicate them or even asking if they could just keep the papers. When I asked the officer
why he didn't ask my permission before making duplicates of my paper he told me" I'm a
police officer and I can do that." I had immediately called my husband to let him know that
I had been stopped I really didn't think things would escalate as they did. I told him not to
come that I would be coming home in a few, well after about 20 or thirty minutes my
husband showed up because he was concerned.
When the officers saw my husband, they immediately went to the car and asked him
to move to the side because he was" Interfering with official Acts." I asked how is my
husband interfering with anything when he's come here to check on me and to make sure
that the young ladies I had with me were okay. They asked my husband to step aside he
said why? they said "we have a warrant for your arrest." First of all IF there is a warrant
for any citizens arrest the officer is supposed to have the warrant on their person or in this
case have someone to get the warrant as proof as to why a warrant was served. The officer
just kept saying there is a warrant for your arrest, without saying what this warrant for
devlin was for or about, he never got an answer. The fact that he wasn't even summons to
go to court and there was nothing in his record as for this incident made us question more
than a few things that happened that evening. Some would say why would you question
that there is a warrant for his arrest? A similar event has happened before; he was sent a
letter in the mail telling him that there was a warrant for his arrest, for supposedly not
showing up for court. Devlin showed up for all his court hearings so there had to be a
discrepancy in communication between his lawyer and the court. Devlin went immediately
to the court house with the warrant letter to rectify the situation and let them know there
was an error. He was almost immediately arrested until they fixed the situation and said
that they had made a mistake. That mistake could have cost my husband a night in jail. So
now out of the blue there is yet again a mysterious warrant that we had no clue of for my
husband, to us that was very suspicious.
The officers were intimidated by my husband devlin showing up on the scene.
Devlin was not hostile, drunk or angry but very calm. Devlin was asked to take his hands
out of his pocket. I understand that just in case he was concealing a weapon that the
officers didn't want to get hurt or for devlin to hurt anyone but, the situation wasn't like
that at all. The officer's were told by devlin that he didn't have any weapons on him. I was
also telling them he doesn't have any type of weapons just to confirm that he was not trying
to harm or threaten anyone. I immediately saw officer Schlosser unhook his pepper spray
latch and I said don't pepper spray my husband. I knew that this would have an adverse
effect on my husband, and would most likely send him to the hospital. The officer Schlosser
sprayed my husband and I got the overspray. I immediately got out of the truck to tell
them please he wasn't fighting, you all don't need to do this. I feared that they would not
only spray my husband but shoot him. Black men and boys are shot everyday and mostly
for police officers assuming the worst or merely because he or she is a black person.
Needless to say officer Schlosser, took me getting out of my vehicle and holding out my
arm as supposedly trying to attack the officers that were on my husband. As a consequence
for me getting out of my vehicle and telling the officers to get off of my husband, Schlosser,
rather excessively attacked me. There were four officers on my husband, I had no
intentions of harming, jumping on the pile as Schlosser and another officer said at the trial.
They both lied. I'm not crazy, there were four men on my husband I didn't want any of
that action. I stopped on my own to yell at the officers to get off of my husband and nothing
at that point other than getting out of my vehicle was hostile. Not only was my husband
being peppered sprayed but he was in a choke hold by Kurt Rosenthal. officer Chad
Leitzen came on the scene and immediately starting punching my husband while he was
obviously not fighting or resisting arrest. My husband had his hands over his face as to
protect himself from the pepper spray.
This officer Chad Leitzen had an previous incident with my husband a year or two
ago and I guess he wanted a piece of my husband so he runs and instinctively just start
punching my husband in the head for no reason other than I can get a couple of free licks
off of this non - hostile black man. Devlin was already incapacitated by the pepper spray
rendering him the ability to see or breathe adequately Leizen coming and hitting devlin
repeated was excessive and uncalled for. Unbeknownst to my husband I was being attacked
by officer schlosser to the point where I am screaming because I didn't know why I was
being attacked and treated the way that I was. The young ladies were crying and screaming
because they couldn't believe what was happening right in front of their eyes. Later my
husband was only charged with interfering with official acts. I found it very curious that
with all that happened that evening with him being maced that the officers would try and
say that he resisted arrest and somehow tried to attack the officers that detained him. If
that were the case then he would have been charged with trying to assault an officer or
officers but he wasn't because that wasn't the case at all. So why was he handled as
brutally as was myself? Why were there four officers' cars outside for just me when the
supposed mandatory number of cars they send out is just two? Not only do I know that
more cars are sent out for black folk my husband and I have videotaped when blacks are
pulled over and how there are almost always more than two squad cars but for whites there
is usually just one maybe two.
I was psychologically, physically and emotionally scarred by this incident and to add
insult to injury when the time came for me to go to court for this matter most of the officers
lied. I have the audio for the court hearing. I studied my own tape that was given to me just
in case I might have reacted in a way that would have given the officer schlosser cause to
have handled me the way that he did. I always came up with nothing; there was nothing I
did to provoke him to do what he did. I wonder why my husband did not catch a case
especially if he was resisting arrest and fighting an officer that's a major case assaulting an
officer or officers. What about the warrant? This case was strictly about me, Devlin didn't
have a case after all that went on that day. I wondered why the prosecution did not even
bring the video tape into court as evidence against me to back up their reason for the
hostility. The reason is it would have possibly done more harm than good. The DVD would
have shown that the officers lied about me running and trying to jump on the pile. The
judge would have been able to see that my husband or I wasn't hostile in any way. Even in
the midst of me being thrown to the ground I put my hands up in a surrendered position as
to say ok hey I'm not trying to be hostile or fight stop" but that was simply ignored. I was
treated like a criminal who had stolen something or robbed somebody. The fact that I had
these young ladies with me was to no avail. The officers didn't care that these young
impressionable ladies saw us being degraded and sprayed and punched and assaulted as if
we had committed a real crime. My girls from my girl group called G.E.M.S. had to
witness the brutality of the officers on yet another black male and female. I was ashamed,
humiliated and angry that they had to witness such an event while in my care.
Cc: National Urban League
Cc: NAACP
Cc: Rainbow Push Coalition