Case law

Anderson v. Moon

225 Iowa 70 · Supreme Court of Iowa · May 3, 1938

If, upon trial, appellee successfully establishes the allegations of her petition, she will be entitled to recover unless it be established that at the time of the collision that appellant was immune from liability on account … of his claim of governmental immunity.

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.”

State v. McFadden

467 N.W.2d 578 · Supreme Court of Iowa · Mar 20, 1991

Further, section 554.3114(2) clearly contemplates that postdating a check does not remove that instrument from being payable on demand. … The language of section 554.3114(2) establishes that a cheek can be both postdated and payable on demand; thus, refuting defendant’s argument that a postdated check cannot qualify as a check because it is not payable on demand

State Ex Rel. Dean v. Haubrich

248 Iowa 978 · Supreme Court of Iowa · Jun 4, 1957

There is a statement in the certificate which clearly shows the extent of its functions: “I do hereby restore the said William J. … After the Revolutionary War when we established our government it was established upon the fundamental principle that all governmental power is inherent in the people.

Kulish v. Ellsworth

566 N.W.2d 885 · Supreme Court of Iowa · Jul 23, 1997

To prevail on appeal, plaintiffs must establish that the district court abused its discretion in imposing the challenged time constraints, that is, that its discretion was exercised “on grounds or for reasons clearly untenable … or to an extent clearly unreasonable.”

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

874 N.W.2d 631 · Supreme Court of Iowa · Feb 12, 2016

Because the cloak of state sovereign immunity ordinarily protects state entities from suits by individuals, proof that an arm of the State violated the FMLA was insufficient standing alone to establish Lee’s entitlement … As the law of the case, that determination controlled here as to whether Lee qualifies for attorney fees and costs under the FMLA.  26 VII.

Summy v. City of Des Moines

708 N.W.2d 333 · Supreme Court of Iowa · Jan 13, 2006

Rather, a party claiming prejudice must establish that the resulting jury was not impartial and competent. 4 See Johnson v. … Immunity.

Baker v. Shields

767 N.W.2d 404 · Supreme Court of Iowa · Jun 19, 2009

As a result, the defendants argue that the legislature clearly intended to provide broader immunity than that advocated by the plaintiff. … The term “manifest intent” when used in statutes providing rules for the construction of legislative acts means clearly apparent or obvious. Indus. to Indus., Inc. v.

Janey Shafer v. Frank Santana

Supreme Court of Iowa · Jun 12, 2026

Borkowski, we established that an expert report could establish a material question on recklessness. Id. … But “dangerous and unsafe” does not establish that harm was highly likely to follow from Kenoyer’s identified risks. The statutory immunity extends to “[i]nherent risks of a domesticated animal activity.”

Hubbell v. Higgins

148 Iowa 36 · Supreme Court of Iowa · Jun 16, 1910

The ultimate purpose and final object of the law is clearly set forth. … The argument of appellee has quite ignored the qualifying provision which we have italicized.

Des Moines Flying Service, Inc. v. Aerial Services Inc. Cedar Valley Aviation, LLC and Kirk P. Fisher

880 N.W.2d 212 · Supreme Court of Iowa · Jun 3, 2016

Because the plain language clearly precludes recovery regardless of what damages are claimed, we cannot ignore it to fashion a remedy. … In contrast, my interpretation of section 613.18gives the words the legislature adopted in that section their clearly intended effect.

McLain v. State

563 N.W.2d 600 · Supreme Court of Iowa · May 21, 1997

He claims these duties are clearly part of the specifications included in the contract. … This decision is clearly retained by the State and immunized by section 668.10(1).

Genkinger v. Jefferson County

250 Iowa 118 · Supreme Court of Iowa · Nov 18, 1958

All defendants filed motions to dismiss upon various grounds, among them being that of governmental immunity. The motions were sustained as to all defendants. … Clearly, under our long-established rule, there can be no liability as to the defendant County and the individual members of the board.

Jacob M. Rose, individually and as of the Estate of Jack F. Rose and Jeremy P. Rose, individually v. Oakland Healthcare Management, LLC, d/b/a Oakland Manor

Supreme Court of Iowa · Jan 23, 2026

The court of appeals reasoned that Mincer was not qualified to opine on the transmission of infectious diseases, as would be required to establish the chain of causation between Oakland Manor’s conduct and Jack’s death. … The center, asserting a similar statutory immunity as Oakland Manor here, moved to dismiss the claim on the ground that the allegations in the petition failed to establish recklessness. Id. at 480.

Iseminger v. Black Hawk County

175 N.W.2d 374 · Supreme Court of Iowa · Mar 10, 1970

Clearly, both the alleged negligence in Count I and the alleged nuisance in Count II were solely related to facilities on park property. … It is well established that sovereign immunity of quasi corporations extends to their individual officers for nonfeasance in the performance of their governmental duties. Genkinger v.

Nick C. Rhoades v. State of Iowa

880 N.W.2d 431 · Supreme Court of Iowa · Apr 15, 2016

L.Rev. 35, 53-54 (2005) [hereinafter Garrett, Innocence ], Further, even where constitutional violations are present, police and prosecutors are entitled to qualified or absolute immunity. Imbler v. … Chen, Note, Malpractice Immunity: An Illegitimate and Ineffective Response to the Indigent-Defense Crisis, 45 Duke L.J. 783 , 791-802 (1996) (discussing states which grant qualified or absolute malpractice immunity for public

Flogel v. Flogel

257 Iowa 547 · Supreme Court of Iowa · Mar 9, 1965

Most courts in construing such statutes adhere to the common-law rule unless the statute clearly makes a change. … We are committed to the majority holding that unless the common-law rule of spousal immunity is clearly abrogated by statute it applies in Iowa. In Peters v.

Humphries v. Trustees of the Methodist Episcopal Church of Cresco

566 N.W.2d 869 · Supreme Court of Iowa · Jul 23, 1997

So the question becomes whether the one-foot concrete apron where the plaintiff fell qualifies as a “sidewalk” under this section. We think not. … For the reasons that follow, we think the city established the three required elements for statutory immunity. The point of the accident, whether on the concrete apron or the curb, was a street for the purposes here.

Gordon Berg Garrison v. New Fashion Pork LLP and BWT Holdings LLP

Supreme Court of Iowa · Jun 30, 2022

The CAFO defendants moved for summary judgment based on the statutory immunity in Iowa Code section 657.11 and the plaintiff’s lack of evidence to establish he qualified for an exception to the immunity or prove causation … In that case, the evidence was sufficient to establish a nuisance: [I]n regard to the plaintiff’s house it is clearly established that offensive odors were almost constantly perceived within it, and that

Olander v. Hollowell

193 Iowa 979 · Supreme Court of Iowa · Jun 21, 1922

The privilege and immunity clause (Art:- IV, See. 2) providing for guaranties to which citizens of the several states are entitled are privileges and immunities which they enjoy as citizens of the United States, and the clause … has no relation to privileges and immunities which appertain to citizenship in the states as distinguished from citizenship in the United States.