Case law

1000 Friends of Iowa, Bill Barnes, Inc., Bradley E. Coulson, Teresa M. Coulson, Sondra K. Feldstein Revocable Trust and Stuart I. Feldstein Revocable Trust v. Polk County Board of Supervisors

Supreme Court of Iowa · Apr 4, 2025

Iowa Code § 670.4A(1) provides employees and officers of municipalities with qualified immunity when certain criteria are met. … We said that “whether the law was ‘clearly established’ ” for purposes of subsection (3) “is inextricably intertwined with the new qualified immunity defense” in subsection (1). Id.

Winckel v. Von Maur, Inc.

652 N.W.2d 453 · Supreme Court of Iowa · Oct 9, 2002

Defendant urges that it was entitled to immunity under section 808.12(3) because the placing of merchandise in a shopping bag constituted concealment. … For purposes of establishing the type of actual malice that will preclude a qualified privilege in defamation cases under Iowa law, this court has defined actual malice as statements made with “ill-will, hatred or desire

John Goodpaster v. Schwan's Home Service, Inc. and Todd Swanson, Individually and in His Corporate Capacity

849 N.W.2d 1 · Supreme Court of Iowa · Jun 27, 2014

Clearly, the plaintiffs condition in Foods — epilepsy—did not substantially impair her ability to complete major life activities for large portions of time. … deficiency syndrome, a diagnosis of acquired immune deficiency syndrome-related complex, or any other condition related to acquired immune deficiency syndrome.”

Swanger v. State

445 N.W.2d 344 · Supreme Court of Iowa · Aug 16, 1989

Unless the plaintiffs have satisfied the requirements of section 25A.5, they simply may not avail themselves of the State’s qualified waiver of governmental immunity from tort suit — regardless of the language of any insurance … Clearly, acceptance of Swangers’ construction of section 25A.20 would drastically alter the extent of the waiver of State governmental immunity intended and accomplished by the legislature in chapter 25A.

Sandra K. Mormann, Individually and as Administrator of The Estate of Augustin G. Mormann, and Daniel J. Mormann, Individually v. City of Manchester, Iowa and James Louis Wessels

Supreme Court of Iowa · Nov 21, 2025

That law granted qualified immunity to municipal employees under certain circumstances, and it imposed a heightened pleading standard for claims to which its qualified immunity applied. See Iowa Code § 670.4A. … The defendants appealed, assigning the following errors: (1) the district court erred by denying Wessels qualified immunity under section 670.4(1)(k) of the Iowa Municipal Tort Claims Act (IMTCA), (2) the court erred by

State v. Paulsen

265 N.W.2d 581 · Supreme Court of Iowa · Apr 19, 1978

Subsequently, his identity was established as to two prior felony, convictions and he was adjudged a habitual criminal and sentenced. He now appeals. We affirm. … Said section is inapplicable here, since it applies only to the grant of immunity from prosecution.

Shaw v. City Council

131 Iowa 128 · Supreme Court of Iowa · Nov 21, 1905

If it were otherwise, liberty of contract would be destroyed, and legislation in that direction would be clearly unconstitutional. … could “ constitutionally provide that certain offices and employments which it has created shall be filed by veterans in preferment to all other persons, whether the veterans are or are not found or thought to be actually qualified

Schreiber v. Bastemeyer

644 N.W.2d 296 · Supreme Court of Iowa · May 8, 2002

We think the ethics board clearly qualifies as a “component” of the judicial branch. Since the legislature did not define this term, we give this word its ordinary meaning. Miller v. Westfield Ins. … Immunity. The district court, in ruling on Bastem-eyer’s motion to dismiss, concluded that suit could not be brought against the ethics administrator because he had immunity under Iowa Court Rule 35.22(2).

State v. Simpson

587 N.W.2d 770 · Supreme Court of Iowa · Dec 23, 1998

Immunity will be denied if the proffered testimony is found to be ambiguous, not clearly exculpatory, cumulative or if it is found to relate only to the credibility of the government’s witnesses. … We therefore conclude Simpson has not established a due process *774 violation under the prosecutorial misconduct theory.

Norris v. Paulson

Supreme Court of Iowa · Oct 11, 2024

The court identified material issues of fact concerning whether Paulson’s actions were protected by qualified immunity under Iowa Code chapter 670 (2022) and whether they were justified, thereby providing a defense to … Paulson no longer based her interlocutory appeal on qualified immunity.

Phillips Ex Rel. Phillips v. City of Waukee

467 N.W.2d 218 · Supreme Court of Iowa · Mar 20, 1991

Plaintiff in this case contends his suit qualifies as a claim that the placement of the signs misled Van Ginkel, thus constituting negligence for which defendants might not be immune. … First, plaintiff’s complaints concerning the sign selection and placement go only to their sufficiency to warn the motoring public, a matter which section 668.10(1) clearly immunizes from tort liability.

Nassen v. Anfenson

181 Iowa 134 · Supreme Court of Iowa · Jun 26, 1917

But we would not undertake to say that, therefore, majority for the male was not established at 21, nor that it was an unreasonable time. … She then did what clearly amounts to taking part of what had been paid to Himmel, knowing he had been paid the note, and extending credit to him for the balance.

Johnson v. Knoxville Community School District

570 N.W.2d 633 · Supreme Court of Iowa · Nov 26, 1997

In order to qualify as scientific knowledge, an inference or assertion must be derived from the scientific method. … We noted that under Rule 702, an expert may be qualified by “knowledge, skill, experience, training, or education.”

Kershner v. City of Burlington

618 N.W.2d 340 · Supreme Court of Iowa · Oct 11, 2000

Iowa Code chapter 670 establishes the parameters of a municipality’s *343 liability for the negligent acts or omissions of its officers and employees. Keystone Elec. Mfg. v. … Clearly, the decision concerning the type of equipment and number of personnel to dispatch to a fire qualifies as an “an act or omission in connection with an emergency response.” Iowa Code § 670.4 (11).

Tina Lee v. State of Iowa, Polk County Clerk of Court

815 N.W.2d 731 · Supreme Court of Iowa · May 25, 2012

Id. 2The qualifying reasons include: (A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter. … Ed. 714, 727 (1908) (establishing proposition that suit for injunctive relief against state official does not offend sovereign immunity)). Additionally, the U.S.

Shannon and Danny Nelson, Individually, and on Behalf of E.N. F/K/A E.N., a Minor v. Lynn M. Lindaman, Lynn M. Lindaman, M.D., P.L.C. D/B/A Lindaman Orthopaedic, and Mercy Medical Center – Des Moines

Supreme Court of Iowa · Apr 24, 2015

Section 232.73 provides a form of qualified immunity. … of the prongs of the immunity statute could be established.

Cory Burnett v. Phillip Smith and State of Iowa

Supreme Court of Iowa · May 5, 2023

These include whether qualified immunity is available and what the standard should be, Baldwin I, 915 N.W.2d at 279–81; whether judicial process immunity is available, Venckus v. … Supp. 3d at 953 (“For the same reasons they must be denied federal qualified immunity on Clinton’s § 1983 claim, Officers Garrett, Steinkamp, and Minnehan must also be denied immunity under state law.”); Williams, 516

Rizer v. Tapper

133 Iowa 628 · Supreme Court of Iowa · Mar 11, 1907

Other sales were made where the purchaser is very clearly shown to have been addicted to the use of intoxicating liquors as a beverage, and in the habit of becoming intoxicated. … who prefers the charge, or to ask immunity from prosecution because some undisclosed person or persons have assumed responsibility for the payment of counsel bringing the action.

Ashley Hall and Ryan Hall, on behalf of minor child A.H. v. Southeast Polk Junior High school – Southeast Polk Community School District, Dirk Halupnik, Joseph Horton, Michael Dailey, Jacob Bartels, and Georgia Casner, individually and in their official capacities with Southeast Polk Community School District

Supreme Court of Iowa · Nov 14, 2025

We are asked to decide whether the Iowa Municipal Tort Claims Act (IMTCA) and its qualified immunity pleading standard, Iowa Code § 670.4A(3) (2022), apply to claims against a municipality brought under Iowa Code chapter … See Iowa Code § 670.4A(3) (requiring a petition for a claim “brought under” the IMTCA to plead a violation of clearly established law with particularity and plausibility).

Hook v. Lippolt

755 N.W.2d 514 · Supreme Court of Iowa · Aug 29, 2008

Lippolt’s Immunity. … Therefore we accept, as do the parties, that Lippolt satisfies the requirements of section 217.13(3) so as to qualify as a "state employee!] for purposes of chapter 669." 4 .