In an opinion filed May 5, 2023 in Burnett v. Smith and State of Iowa the Iowa Supreme Court overruled its 2017 opinion in Godfrey v. State, which recognized a private right of action for damages against State officials f …
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In a Wapello County case, Iowa Supreme Court parses settlement agreement language on ‘derelict’ vehicles
When Wapello County set out to remove what it considered “derelict” vehicles from a residential property, the owners sued. The suit was dropped after the owners and the County reached a settlement in which the owners agreed to do the removal themselves to the County’s “satisfaction.”
The word “satisfaction” …
With Wagner, the Iowa Supreme Court continues building an “Iowa Courts” jurisprudence
Few law school courses inspire more fear and frustration from students than Federal Courts. A standard elective at most law schools, the course’s prosaic name belies a devilishly complex body of law regarding who can sue whom in federal court, and for what. One Federal Courts professor asked rhetorically in a 2001
Iowa Supreme Court: Tort Claims Act governs excessive-force claims under the state Constitution
A plaintiff with a claim under the Iowa Constitution for damages against the State or its employee must follow the procedures prescribed by the Iowa Tort Claims Act, including the Act’s exclusion of punitive damages, the Iowa Supreme Court said in a ruling handed down Dec. 31.
The decision in read more
Local civil rights ordinances not enforceable in state court, Iowa Supreme Court rules
Municipal ordinances created to protect residents’ civil rights are not enforceable in state court, the Iowa Supreme Court ruled June 30.
The Iowa Civil Rights Act authorizes the state Civil Rights Commission to issue “right to sue” letters to complainants, who are then able to file a civil suit in state district c …
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Iowa Supreme Court declines to overrule its precedent allowing multiple robbery charges when theft victims are also assaulted
In 2022 Brandon Lee entered the home of an elderly couple in Coggon, physically assaulted each of them with the aim of forcing them to reveal the location of cash, and left with $50,000 they had kept in a safe in the basement.
Lee was convicted by a Linn County jury for one count of theft and two counts of first-degree r …
Suit regarding ownership of Terrace Hill contents remanded to trial court by Iowa Supreme Court
The Iowa Supreme Court sent a case back to Polk County District Court for further proceedings on a suit brought by the Terrace Hill Society Foundation against the Terrace Hill Commission regarding which party controls the collection of artifacts in the Terrace Hill governor’s mansion.
The Terrace Hill Society Foundatio …
Thirty cases yet to be decided in Iowa Supreme Court’s term ending in June
The Iowa Supreme Court has 30 cases left to decide in the two months that remain in the Court’s 2023-24 term.
The case that has been on the undecided list the longest – State v. Bauler, which raised a question of whether a defendant’s Fourth Amendment rights were violated in a traffic stop – was argued N …
Iowa Supreme Court sends question of State Auditor’s application of records law back to district court
The Iowa Supreme Court reversed in part a Polk County District Court ruling granting summary judgment in favor of State Auditor Rob Sand’s withholding release of communications related to the Auditor’s investigation of the governor’s office. The justices sent the case back to the trial court for further proceedings on …
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On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.