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 …
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” …
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
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
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 …
The Iowa Supreme Court entered opinions in eleven cases in November 2024. In addition to the four cases covered in individual stories on the blog, the remaining opinions from November are summarized below.
The Iowa Supreme Court will hear arguments in 10 cases Dec. 17 and 18, and three other cases will be submitted to the Court without oral argument. Following are brief summaries of the December cases.
The Fourth Amendment protection against unreasonable search and seizure was not violated when a drug detection dog inserted its nose into the open window of a suspect’s vehicle, the Iowa Supreme Court held in a divided Dec. 6 decision.
Owners of farmland in Story County seeking to block the Iowa Department of Transportation’s condemnation of part of their property for a highway project succeeded in getting their appeal before the Iowa Supreme Court even after missing one filing deadline, but they lost their bid to revive their case in district court because they missed a second and critical deadline.
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.
