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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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 …
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 …
Because Iowa’s Consumer Fraud Act is enforced through civil proceedings aimed at making victims whole and preventing future fraudulent actions rather than punishment, defendants accused of violating the Act are not entitled to a trial by jury, the Iowa Supreme Court held in a decision handed down May 26.
The State brou …
The Iowa Court of Appeals selects certain opinions for publication in the Northwestern Reporter. In October, the Court of Appeals selected four opinions for publication. Following are summaries of those opinions.
The Iowa Supreme Court entered opinions in eight cases in October 2024. In addition to Rox Laird’s analysis of State of Iowa v. William Noble Chaiden Miller and Katherine Avenarius and Paul Avenarius v. State of Iowa summarized on this blog, the remaining opinions from October are summarized below.
The Iowa Supreme Court will hear arguments in eight cases Nov. 13 and Nov. 14. Five other cases will be submitted to the Court without oral argument. Following are brief summaries of the November cases.
When Dubuque police officer Katherine Avenarius accidentally shot herself in the leg while attending an Iowa Law Enforcement Academy firearms instructor school, she sued the academy claiming her injury was the result of an instructor’s advice on how to handle her firearm that contradicted how she had previously been trained. The State, which operates the academy, argued Avenarius signed a “clear and unequivocal” waiver and release of liability.
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.
