Case law

Teague v. Mosley

552 N.W.2d 646 · Supreme Court of Iowa · Jul 24, 1996

These immunities are of two types: absolute and qualified. Brown v. Griesenauer, 970 F.2d 431, 435 (8th Cir.1992); Gorman Towers, Inc., 626 F.2d at 611 . … Absolute immunity defeats the damage suit at the pleading stage, once it appears the actions complained of were within the immunity’s scope; qualified immunity is available only if the evidence shows that those actions were

Blanton v. Barrick

258 N.W.2d 306 · Supreme Court of Iowa · Oct 19, 1977

However, since immunity is conferred on the prosecuting attorney solely by virtue of the office he holds, the rule is different if he acts in a matter clearly outside the authority or jurisdiction of his office. * * * ft … This is why the American Bar Association Standards, The Prosecution Function, section 2.3, so strongly advocate establishment of full-time prosecutors.

Bert Miller and Nancy Duffner v. State of Iowa

Supreme Court of Iowa · Mar 14, 2025

The right, privilege, or immunity secured by law was not clearly established at the time of the alleged deprivation, or at the time of the alleged deprivation the state of the law was not sufficiently clear … [t]he right, privilege, or immunity secured by law was not clearly established at the time of the alleged deprivation, or at the time of the alleged deprivation the state of the law was not sufficiently clear

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 .

Ron Myers v. City of Cedar Falls

Supreme Court of Iowa · Jun 14, 2024

clearly could have and should have known this.” … (2022)) (qualified immunity).  15 error is manifest, including error in the interpretation of statutory enactments.’ ” Bd. of Water Works Trs. v.

Graber v. City of Ankeny

656 N.W.2d 157 · Supreme Court of Iowa · Jan 23, 2003

Pursuant to a local ordinance, the city established that traffic control devices were to be placed and maintained in accordance with the MUTCD and specifications of the Iowa Department of Transportation. … Qualified engineers are needed to exercise the engineering judgment inherent in the selection of traffic control devices, just as they are needed to locate and design the roads and streets which the devices complement.

Ron Myers v. City of Cedar Falls

Supreme Court of Iowa · Jun 14, 2024

clearly could have and should have known this.” … (2022)) (qualified immunity).  15 error is manifest, including error in the interpretation of statutory enactments.’ ” Bd. of Water Works Trs. v.

In Re Admission to the Bar of Arthur

415 N.W.2d 168 · Supreme Court of Iowa · Nov 25, 1987

It is our task to elaborate on the meaning of “intent to establish an office for the practice of law in Iowa.” Rule 115(4). … In summary we find no violation of the privileges and immunities clause.

Rhiner v. City of Clive

373 N.W.2d 466 · Supreme Court of Iowa · Aug 21, 1985

MacDonald, 596 F.2d 1072, 1074 (1st Cir.1979) (“The defense of qualified immunity, which is available to local, state and federal law enforcement officers, protects the defendants from liability for damages if they acted … with a good faith belief based upon reasonable grounds that the measures they took were necessary.”). *473 Generally this qualified immunity defense must be pleaded and established by the defendant.

Taggart v. Drake University

549 N.W.2d 796 · Supreme Court of Iowa · Jun 19, 1996

Nevertheless, although one might not entirely admire how the system was applied in plaintiffs case, the short answer is that the law is clearly in Drake’s favor. … Absolute privilege affords a complete defense under any circumstances, even if actual malice is shown, while qualified privilege provides immunity in some but not all instances. Id. Qualified privilege is at issue here.

Eugene Sikora v. State of Iowa and Dr. Beth Skinner, in her official capacity as Director of the Iowa Department of Corrections

Supreme Court of Iowa · Jun 27, 2025

1 and 8 are not cognizable; and (3) the defendants are entitled to qualified immunity under Iowa Code section 669.14A (2022). … But under federal law, unless plaintiffs can show that the defendant violated a “clearly established” right—one “which a reasonable person would have known”—the defendant is immune. Pearson v.

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

844 N.W.2d 668 · Supreme Court of Iowa · Mar 28, 2014

The State clearly had the duty to establish its defense of immunity. … purposes.”); see also Graham, 473 U.S. at 167 , 105 S.Ct. at 3106 , 87 L.Ed.2d at 122-23 (noting that the public official does not have recourse to "personal immunity defenses” like absolute or qualified immunity, and that

LaRose v. Curoe

343 N.W.2d 153 · Supreme Court of Iowa · Dec 21, 1983

LaRose argues that this voluntary appearance did not qualify Curoe for the immunity provided under the rule. … The burden then shifted to Curoe to go forward with evi- *158 denee establishing his immunity by showing that, despite proper service of process, he was in attendance at a judicial proceeding.

Hubbard v. State

163 N.W.2d 904 · Supreme Court of Iowa · Jan 14, 1969

The district court had predicated its judgment of dismissal on the ground the damages alleged resulted from the imposition or establishment of a quarantine and that liability resulting from the establishment of a quarantine … Several states have established legislative and administrative methods for settling tort claims.

Ashmead v. Harris

336 N.W.2d 197 · Supreme Court of Iowa · Jul 20, 1983

Discretion is abused when it is exercised on clearly untenable grounds or to a clearly unreasonable extent. Hubby v. State, 331 N.W.2d 690, 697 (Iowa 1983). … The committee added: Materials assembled in the ordinary course of business, or pursuant to public requirements unrelated to litigation, or for other nonlitigation purposes are not under the qualified immunity provided by

Kimberly Ann Sallee, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee v. Matthew R. Stewart and Diana Stewart D/B/A Stewartland Holsteins

827 N.W.2d 128 · Supreme Court of Iowa · Feb 15, 2013

Milwaukee County, the Wisconsin Supreme Court re *144 fused to grant recreational use immunity to the owner of a golf course, noting that the activities qualifying as recreational purpose were normally done on land in its … In short, it can be argued that the purpose of the act itself was to establish quasi-parks on private lands where the public would have access in exchange for qualified protection from liability and that the statute should

Wittmer v. Letts

248 Iowa 648 · Supreme Court of Iowa · Jan 15, 1957

The record does not state when, or under what chapter of the Code (chapter 347 or 347A, Code of 1950), the hospital was established. … Under said chapters, the powers thus assumed are clearly intended, at least primarily, *653 for the private advantage and benefit of the locality and its inhabitants.

Raper v. State

688 N.W.2d 29 · Supreme Court of Iowa · Oct 6, 2004

This evidence qualifies these sergeants as being administratively exempt. 5. … Florida, 517 U.S. 44 , 116 S.Ct. 1114 , 134 L.Ed.2d 252 (1996), establishing the immunity of states under the Eleventh Amendment to be sued in federal court with respect to similar claims.

Anderson v. City of Council Bluffs

195 N.W.2d 373 · Supreme Court of Iowa · Feb 25, 1972

It is clearly apparent that, if a litigant were denied the right to propound the question asked the jurors in the instant case, he might be compelled to accept a juror who is a stockholder in an insurance company, and probably … As part of plaintiff’s case in chief the trial court admitted into evidence a copy of the city ordinance establishing the ambulance service and fixing the charge for that service.

State of Iowa v. Lamar Cheyeene Wilson

Supreme Court of Iowa · Apr 10, 2020

The undisputed evidence and testimony presented at trial and through the offers of proof clearly establish[] that Defendant indiscriminately discharged a dangerous weapon . . . five times into a crowd or … There we said, Section 232.73 provides a form of qualified immunity. “Qualified immunity is a question of law for the court and the issue may be decided by summary judgment.”