Case law
Opinions from 1658 to today.
3,145 results
0.48s
Joseph W. Democko, Donald Jones and James Samis v. Iowa Department of Natural Resources
840 N.W.2d 281 · Supreme Court of Iowa · Dec 6, 2013
Iowa Code chapter 483A establishes a framework for the issuance of hunting and fishing licenses in Iowa. … In Hoeven, the Eighth Circuit implied certain property rights established under state law may be fundamental.
Cited 12 timesPublishedGregory Baldwin v. City of Estherville, Iowa
929 N.W.2d 691 · Supreme Court of Iowa · Jun 14, 2019
Certified Question Number 1: A Municipality's Ability to Assert Qualified Immunity Based on Its Officers' Exercise of "All Due Care." … of first impression whose resolution was not clearly foreshadowed.
Cited 9 timesPublished685 N.W.2d 637 · Supreme Court of Iowa · Aug 11, 2004
And under the asymmetrical immunity forged by that holding, the public trust would clearly suffer. See Blanton, 258 N.W.2d at 309-10 . … We therefore do not decide whether Phillips is entitled to a qualified immunity.
Cited 14 timesPublishedSupreme Court of Iowa · Jun 23, 2023
Qualified Immunity. … Iowa Code section 669.14A(2) codified a substantive qualified immunity protection that made the state and state agencies immune from liability from certain tort claims.
Cited 0 timesPublishedSupreme Court of Iowa · Jun 13, 2025
Qualified Immunity and the Heightened Pleading Requirement. … The remedy for failing to meet the heightened pleading requirements is severe: “Failure to plead a plausible violation or failure to plead that the law was clearly established at the time of the alleged violation shall
Cited 0 timesPublishedSupreme Court of Iowa · Jun 23, 2023
Qualified Immunity. … Iowa Code section 669.14A(2) codified a substantive qualified immunity protection that made the state and state agencies immune from liability from certain tort claims.
Cited 0 timesPublished682 N.W.2d 70 · Supreme Court of Iowa · Jun 16, 2004
City of Eldridge, 661 N.W.2d 134 (Iowa 2003), that discretionary-function immunity had not been established. … If the rule were otherwise, virtually every case would qualify for immunity. In any event, the city engineer’s opinion on the reason for not adding fill to the shoulder was “speculation.”
Cited 10 timesPublished646 N.W.2d 412 · Supreme Court of Iowa · Jun 12, 2002
Moreover, “[s]ubject matter jurisdiction is not *415 dependent on whether the petition has established a meritorious claim.” … While it does not appear this court has directly held parental immunity is an affirmative defense, it has held qualified immunity is. See Dickerson v.
Cited 5 timesPublished834 N.W.2d 1 · Supreme Court of Iowa · Jun 7, 2013
Immunity. … It is undisputed the individuals serving on the Commission qualify as members of a governmental body and thus, are subject to IOMA.
Cited 22 timesPublished867 N.W.2d 1 · Supreme Court of Iowa · Apr 24, 2015
Section 232.73 provides a form of qualified immunity. See Hlubek, 701 N.W.2d at 96 (noting statutes immunizing conduct performed in good faith provide qualified, not absolute, immunity). … “Qualified immunity is a question of law for the court and the issue may be decided by summary judgment.” Dickerson v.
Cited 95 timesPublishedSupreme Court of Iowa · Jun 23, 2023
Qualified Immunity. … clearly established law was “inherently backward-looking” and thus “would be an impermissible retrospective application.”
Cited 0 timesPublishedShook v. CITY OF DAVENPORT, IOWA
497 N.W.2d 883 · Supreme Court of Iowa · Mar 24, 1993
The language of federal Rule 26(b)(3) makes it clear that [i]n order to come within the qualified immunity from discovery created by Rule 26(b)(3) three tests must be satisfied. … Otherwise, the privilege, often referred to as “qualified immunity” is not available. Meredith, 572 F.2d at 603 . In Ashmead v.
Abrogated on other grounds by Wells Dairy, Inc. v. American Industrial Refrigeration, Inc., 2004 Iowa Sup. LEXIS 313 (2004)Cited 19 timesPublishedBond v. Cedar Rapids Television Co.
518 N.W.2d 352 · Supreme Court of Iowa · Jun 22, 1994
The burden is clearly on the plaintiffs to raise and negate Noerr immunity. MAPCO, 958 F.2d at 1558 n. 9 (stating plaintiff has burden to show Noerr immunity did not attach to plaintiffs action); Hospital Bldg. … Erickson, 485 N.W.2d at 86 (statutory immunity from suit not an affirmative defense, but part of plaintiffs burden to establish strict liability).
Cited 12 timesPublished161 N.W.2d 100 · Supreme Court of Iowa · Sep 5, 1968
privilege, such libelous statement is rendered innocuous and nonactionable; (3) Actual malice nullifies the immunity of a qualified privilege. … It is quite true defendant plead and proved a qualified privilege. As previously pointed out, however, such a privilege affords no immunity if actual malice is established.
Abrogated on other grounds by Barreca v. Nickolas, 2004 Iowa Sup. LEXIS 204 (2004)Cited 67 timesPublished836 N.W.2d 127 · Supreme Court of Iowa · Aug 23, 2013
In any event, it is Jones’s burden to establish how the evidence sought could have altered the outcome. 18 The waiver of sovereign immunity, however, applies only to the actions specified … For the purpose of establishing actual malice to preclude a finding of qualified privilege, a plaintiff must show the statement was made with knowing or reckless disregard for whether it was true or false.
Cited 87 timesPublishedIowa Electric Co. v. State Board of Control
221 Iowa 1050 · Supreme Court of Iowa · Apr 7, 1936
After reviewing its prior cases involving the same or similar questions, the court said: “This examination of the cases in this court establishes clearly this result: that the proposition that when an individual is sued in … In the Hoover case the state highway commission attempted to establish a primary road over real estate owned by the plaintiff.
Cited 9 timesPublishedTheisen v. Covenant Medical Center, Inc.
636 N.W.2d 74 · Supreme Court of Iowa · Nov 15, 2001
The court reasoned that, while Iowa does recognize defamation by compelled self-publication, Covenant’s statements were protected by a qualified immunity which was not lost by Theisen’s later repetition. … Thus Covenant’s statement easily falls within the criteria necessary to establish a qualified privilege as a matter of law. See, e.g., Thompto, 871 F.Supp. at 1126 ; Higgins v.
Cited 42 timesPublishedSupreme Court of Iowa · Jan 9, 2026
The defendants viewed the district court’s ruling as a “decision denying qualified immunity” and appealed it pursuant to section 669.14A(4). … The law was clearly established that co-employees are liable for gross negligence . . . .
Cited 0 timesPublished632 N.W.2d 897 · Supreme Court of Iowa · Sep 6, 2001
Whether a waiver of sovereign immunity has been established. … The federal court’s ruling on the sovereign-immunity issue was a final judgment on the merits of that jurisdictional issue. The federal court clearly had jurisdiction to determine its own jurisdiction.
Cited 13 timesPublished385 N.W.2d 544 · Supreme Court of Iowa · Apr 16, 1986
State, 360 N.W.2d 788, 789 (Iowa 1985) (“[Iowa Code chapter 25A] is a qualified waiver of sovereign immunity for tort claims against the State of Iowa.”); Hoctel v. … State, 334 N.W.2d 757, 759 (Iowa 1983) (“But for section 25A.14(6) ... clearly the district court *547 would have subject-matter jurisdiction ... of the present tort claim.”); Hansen v.
Cited 24 timesPublished
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