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 …
ARCHIVE
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 …
FEATURED POSTS
Indecent exposure before two witnesses is two crimes, not one, Iowa Supreme Court holds
If two persons simultaneously witness another person masturbating in violation of Iowa’s indecent exposure statute, has that person committed two separate crimes or one crime under Iowa law?
According to the defendant who was convicted by a Story County jury on two counts of indecent exposure for exposing himself and m …
State worker failed to prove boss created a hostile work environment, Iowa Supreme Court holds
The Iowa Supreme Court remanded a $790,000 jury award for a state employee’s hostile-work environment claim to Polk County District Court for entry of a judgment notwithstanding the verdict, which erases the damage award. The Court held that the plaintiff failed to prove her hostile work environment claim based on what she herself experienced.
Iowa Supreme Court to hear arguments April 11 on constitutionality of Iowa’s fetal cardiac activity abortion statute
The Iowa Supreme Court will hear its final oral argument of the 2023-24 term Thursday. The Court saved the term’s most-watched case for last: an appeal addressing whether Iowa’s law banning abortion after about six weeks of pregnancy may be enforced.
The oral argument in Planned Parenthood of the Heartland, et al …
Iowa Supreme Court to hear arguments in eight cases Apr. 10-11
The Iowa Supreme Court will hear arguments in eight cases April 10 and 11. Four other cases will be submitted to the Court without oral argument. Following are brief summaries of the April arguments.
EDITORIAL TEAM
ABOUT
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.