Case law

Moore v. Murphy

254 Iowa 969 · Supreme Court of Iowa · Feb 12, 1963

It clearly distinguishes between *761 acts of nonfeasance and acts of misfeasance as they effect the personal liability of an employee or agent, and is the basis for the rule announced by the trial court quoted above. … With such a wide trend established by these and other decisions those who rely on immunity as a defense must realize our court-made doctrine of governmental immunity may be subjected to a re-examination in the near future

Bernstein v. City of Marshalltown

215 Iowa 1168 · Supreme Court of Iowa · Apr 4, 1933

It is that of granting immunity to persons who otherwise would be guilty of a public offense. … Officers testifying for the appellants declared that they found immoral and licentious magazines in appellee’s establishment.

Knudson v. Linstrum

233 Iowa 709 · Supreme Court of Iowa · Mar 27, 1943

more than one hundred twenty-five thousand (125.000) population, the city council, the school board and the county board of supervisors each shall appoint at a regular meeting by a majority vote of the members present, one qualified … It is clearly a law for the assessment and collection of taxes. To be constitutional a law need not operate uniformly upon all people of the state, nor, when pertaining to *712 cities, upon all cities of the state.

Kathryn Marie Breese and E.B., born in 2005, a minor child, by and through her mother and next friend Kathryn Marie Breese v. City of Burlington

Supreme Court of Iowa · Jun 12, 2020

Accordingly, to be entitled to qualified immunity a defendant must plead and prove as an affirmative defense that she or he exercised all due care to comply with the law.” (Citation omitted)); Doe v. … standards] but, rather, was plaintiffs’ burden to establish the contrary” without further explanation.

Allison Ford Sales v. Farmers State Bank

249 Iowa 261 · Supreme Court of Iowa · Dec 17, 1957

That the two are to be construed together is so well and generally established in all jurisdictions as to require no citations. … negative the implication of an unqualified indorsement, then and only then will the indorsement be considered qualified.

State Ex Rel. Turner v. Scott

269 N.W.2d 828 · Supreme Court of Iowa · Sep 20, 1978

commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly … The Iowa Constitution clearly leaves to the Senate the determination as to whether a member is qualified.

State v. Ryerson

247 Iowa 385 · Supreme Court of Iowa · Dec 13, 1955

. * * '* I was not promised immunity from prosecution for making beer available to someone else if I testified in this case. … The crime charged was clearly stated to the jury. V.

Kaitlyn Johnson v. Humboldt County, Iowa

913 N.W.2d 256 · Supreme Court of Iowa · Jun 8, 2018

Since the Iowa *260 Supreme Court has clearly found motorists to be a general class that is not afforded a special relationship with the State, all of Johnson's allegations stemming from Humboldt's failure to perform its … We found "[o]ur cases decided after the adoption of the State Tort Claims Act continue[d] to recognize the public-duty doctrine, and ... they ... clearly upheld the continued validity of the doctrine."

Dennis L. Smith v. Iowa State University of Science and Technology and State of Iowa

851 N.W.2d 1 · Supreme Court of Iowa · Jul 18, 2014

The wild fluctuations in his mood clearly indicate problems.” … Iowa Code section 669.14(4) does not immunize conduct per se; it immunizes claims “arising out of’ certain categories of conduct.

Hoover v. Iowa State Highway Commission

207 Iowa 56 · Supreme Court of Iowa · Dec 14, 1928

Our English ancestors developed the theory of sovereign immunity, and they transmitted the doctrine down through the centuries to us. … Hence, they were , not privileged, in that event, to the immunity from judicial process which otherwise would have been granted them. III.

Amended September 26, 2017 Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually and in His Official Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually and in Her Official Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal

Supreme Court of Iowa · Jun 30, 2017

See, e.g.,  67 Moresi, 567 So. 2d at 1093 (holding qualified immunity applies); Corum, 413 S.E.2d at 291 (holding no qualified immunity). … The issue of qualified immunity, however, is not before the court today.

Vislisel v. University of Iowa

445 N.W.2d 771 · Supreme Court of Iowa · Sep 20, 1989

It sought to secure efficiency by establishing a merit system which based eligibility to appointment upon fitness for service. Id. … The amended statute clearly directs a preference for veterans in the form of additional points for jobs filled through a point-rated qualifying examination. See Iowa Code § 70.1 (4).

Iowa State Bank & Trust Co. v. Michel

683 N.W.2d 95 · Supreme Court of Iowa · Jul 9, 2004

Nonetheless, because the evidence clearly established that the Michels knew they were mortgaging their homestead and intended to do so, the court held the bank had an equitable mortgage on the property that it could foreclose … Focusing then on the suitability of the Michels’ land for farming, we conclude based upon our de novo review of the record that the Michels’ property qualifies as “agricultural land” because the evidence clearly establishes

Cook v. State

431 N.W.2d 800 · Supreme Court of Iowa · Nov 23, 1988

Immunity from suit. The State Tort Claims Act has not abrogated sovereign immunity entirely. The State may be sued only in the manner and to the extent consent has been given by the legislature. Lloyd v. … We believe that it is generally a sound practice to apply established principles of determination and review to a new task.

State v. DeWitt

286 N.W.2d 379 · Supreme Court of Iowa · Dec 19, 1979

The general rules applicable to these situations are well established; the difficulty is in applying those rules to the unique circumstances disclosed by this record. … But in so holding, the United States Supreme Court clearly indicated that the motivating force, if any, of the judge’s remarks on the accomplice was for. the jury: The transcript would have shown the jury that a federal judge

Hope Evangelical Lutheran Church v. Iowa Department of Revenue & Finance

463 N.W.2d 76 · Supreme Court of Iowa · Nov 21, 1990

Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. … A “private nonprofit educational institution” is defined in 701 Iowa Administrative Code section 17.11 as follows: [A] school, college, or university with students, faculty, and an established curriculum, a group of qualifying

Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 19

890 N.W.2d 50 · Supreme Court of Iowa · Jan 27, 2017

Clearly, Maben had nothing to do -with a claim arising from alleged pollution. … And, if mandamus is available in an appropriate case, as our cases clearly establish, why would in-junctive relief not be available in an appropriate case, as it was in Voogd?

Nathan Daniel Olsen v. State of Iowa

Supreme Court of Iowa · Jun 28, 2024

Cir. 2000) (“[I]t is a rule of law well established that the definite article ‘the’ particularizes the subject which it precedes. … Clearly not. Surely, a construction that vitiates the statute’s manifest object cannot be a correct interpretation of the statute. See Antonin Scalia & Bryan A.

Second Injury Fund of Iowa v. George

737 N.W.2d 141 · Supreme Court of Iowa · Aug 10, 2007

The legislature established the Fund in order to encourage the employment of disabled persons “by making the current employer responsible only for the disability the current employer causes.” Second Injury Fund v. … The record clearly establishes the May 1996 injury to George’s left leg was a scheduled injury. The doctor rated it as a *147 scheduled injury and the employer paid it as a scheduled injury.

Devore v. Schaffer

245 Iowa 1017 · Supreme Court of Iowa · Jul 26, 1954

The distinction urged by defendant and adopted by the instruction, between a medical expert witness who is called to treat and actually treats the patient and one called merely to testify seems well established. … The witness here frankly admitted the examination he made of plaintiff was for the purpose of qualifying as an expert witness and not of treating him as a patient. He saw plaintiff but *1022 once and that was in Omaha.