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INFORMATION 02-21-1994 LEON R. ERSTAD RICHARD RIEMER - JEFFREY B. NELSON . LAWRENCE]. SKOGWND GEORGE C. HOTTINGER JEFF M. ZALASKY JON K. IVERSON MICHAEL]. KOSHMRL STEVEN F. MATTAINI ERSTAD & RIEMER, PA. 1000 Northland Plaza 3800 West 80th Street Minneapolis, Minnesota 55431 Telephone (612) 896-3700 Fax (612) 896-3717 DANIEL A. LIVELY THOMAS E. EMMER, JR.. DIANA L. BRENNAN PAUL D. REUVERS THOMAS H. SCHAEFER SANDRA L. ]ONES LAURI A. VRANYES 'AlSO LICENSED IN WISCONSIN February 16, 1994 Mr. Tom Zerwas Chief of Police ELK RIVER POLICE DEPARTMENT 720 Dodge Avenue Elk River, MN 55330 RE: Matthew J. Elliott v. City of Elk River Our File: 10008.0029 Dear Chief Zerwas: ~ I am writing to commend Elk River Police Officers Ken Rollins, Dave Hurd, and Bob Kluntz for their professionalism, cooperation, and performance under pressure. I have recently had the pleasure of representing these fine officers in a civil lawsuit filed against them. It is not easy being a defendant in a civil lawsuit. It is stressful, unpleasant and oftentimes unfair to have an emergency police response which takes seconds, evaluated over a process which takes months and years. Officers Rollins, Hurd and Klutz withstood this pressure admirably. I represent law enforcement officials throughout the state. As part of the preparation for our defense, I break down individual officer conduct into a step by step process. In this case, I have always believed Officers Rollins, Hurd and Kluntz acted with remarkable restraint and control in a serious emergency situation. They capably disbursed a party involving upwards of 300 youths drinking in a confined space. They documented their response very well with their police reports, and the booking records and photos similarly supported the action that was taken. Very seldom does a judge direct a verdict in favor of defendants in a civil lawsuit. The fact Judge Danforth saw fit to do so in this case supports the reasonableness of these officers' conduct. In my opinion, the citizens of Elk River have been very ably served ~ . e . . Mr. Tom Zerwas February 16, 1994 Page 2 throughout the pendency of this matter. Please congratulate these officers for me and thank them for their cooperation, courtesy and professionalism during my involvement on their behalf. Yours truly, ERSTAD & RIEMER, P.A. ~~s{).,e~ JIG: be - cc: Hank Duitsman, Mayor of Elk River Doug Gronli, LMCIT Robert Weisbrod, Berkley Risk Services