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