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 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 …
Does a drug-sniffing dog violate a suspect’s constitutional protection against unreasonable government search and seizure by putting its paws up on the suspect’s car at the urging of its handler?
Five members of the Iowa Supreme Court said that subjecting the suspect’s car to a sniff by a drug-sniffing dog violated …
A defendant’s right under the Iowa Constitution to confront witnesses at trial is not satisfied by one-way video testimony where the witness testifying on camera is not able to see the defendant, the Iowa Supreme Court held in a 4-3 ruling handed down June 28. In reaching that conclusion, the Court declined to follow a U.S. Supreme Court precedent and overruled one of its own prior rulings.
The Iowa Court of Appeals selects certain opinions for publication in the Northwestern Reporter. On April 11, 2024, the Court of Appeals selected three opinions for publication, summarized below.
In a 4-3 decision, the Iowa Supreme Court held that rational basis review is the applicable standard in addressing challenges to abortion restrictions under the Iowa constitution.
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.