Iowa Supreme Court deadlocks on constitutional ‘takings’ question in Madison County power line case
Six justices of the Iowa Supreme Court were deadlocked on a constitutional “takings” question in a case involving a plan by MidAmerican Energy to construct a power transmission line along a highway right-of-way that crosses a Madison County resident’s property.
MidAmerican applied for a franchise from the Iowa Util …
An evenly divided Supreme Court affirms “fetal heartbeat law” injunction by operation of law, trades barbs on matters of jurisprudence and appellate procedure
In a 3-3 decision, the Iowa Supreme Court affirmed a district court ruling refusing to dissolve a 2019 injunction against enforcement of a law known as the “fetal heartbeat law,” which would prohibit most abortions after about six weeks of pregnancy. Though the lack of a majority means that no written opinion carries th …
Iowa Supreme Court holds new qualified immunity provision does not apply retrospectively but applies new heightened pleading standard to claims against Polk County by former employee
On January 5, 2021, Jim Nahas was fired by the Polk County Board of Supervisors from his position as the Polk County Human Resources Director. In response, Nahas filed suit against the Board and four of its members, “claiming libel per se, wrongful termination in violation of public policy, extor
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Iowa Supreme Court rejects challenges to collection of fines generated by traffic cameras
City ordinances in Des Moines and Windsor Heights providing for collection of traffic fines generated by automated traffic enforcement cameras are not unconstitutional government takings, they do not violate due process of law, and they do not amount to illegal property taxes, the Iowa Suprem …
Analyzing DNA voluntarily abandoned in public is not a search under the United States or Iowa Constitution, according to the Iowa Supreme Court
In a 5-2 decision, the Iowa Supreme Court held that police officers’ collection and testing of DNA on a drinking straw abandoned by a suspect in a restaurant did not constitute a search under the Fourth Amendment of the United States Constitution or article I, section 8 of the Iowa Constitution. Two dissenting Justices ex …
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Iowa Supreme Court to hear a case in Waverly involving a search prompted by a drug-detection dog
Did a law-enforcement officer step across a constitutional line when he touched the cab of a semi-tractor, seeming to direct a drug-detection dog where to sniff for the presence of potentially illegal drugs?
That is the question before the Iowa Supreme Court that will be argued Sept. 19 at Waverly-Shell Rock High School. …
Iowa Supreme Court to hear arguments in six cases Sept. 13-14
The Iowa Supreme Court will hear arguments in six cases Sept. 13 and 14 at the Judicial Branch Building in Des Moines. Eight additional cases will be submitted to the Court without oral argument. Following are brief summaries of the September cases. Go to On Brief’s “Cases in …
Iowa Supreme Court’s 2023-24 term begins with oral arguments Sep. 13-14
The Iowa Supreme Court is set to begin its 2023-24 term with oral arguments Sept. 13 and 14 in Des Moines. The justices will travel to the Waverly-Shellrock High School for an evening oral argument on Sept. 19 and to the University of Iowa Law School on Sept. 29. The Court will also go on the road in October, February, and …
A statistical review of the 2022-2023 Iowa Supreme Court term
[This article by Matthew A. McGuire, Spencer S. Cady, and Chris E. Slack was originally published in the August 2023 issue of The Iowa Lawyer magazine.]
In our analysis of the 2020- …
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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.