A municipal water utility is not shielded by the Iowa Tort Claims Act from strict liability for damage to a Council Bluffs couples’ home caused by water main breaks, the Iowa Supreme Court held in a decision handed down May 19.
Jim and Angela Sutton sued the Council Bluffs Water Works following breaks in a
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With sex-affirming surgery case declared moot by Iowa Supreme Court, resolution of constitutional questions awaits a future case
By Rox Laird
A case with a long procedural history in administrative and constitutional law that might have resolved the question of Medicaid coverage for gender-affirming surgery ended quietly May 12 when the Iowa Supreme Court declared the case moot. The matter was decided for the patients seeking coverage in this case, but the larger constitutional question awaits…
Iowa Supreme Court holds Black defendant not harmed by juror strike, but three justices object to a race-related reference in juror questioning
By Rox Laird
A prosecutor did not discriminate against a Black criminal defendant by striking a Black member of the jury pool, the Iowa Supreme Court held in a decision handed down April 21, but three members of the Court in a separate opinion expressed concerns regarding a prosecutor’s question to prospective jurors about their opinions of the…
Iowa Supreme Court unanimously overturns 2017 Godfrey precedent establishing direct damages claims under Iowa Constitution
By Matt McGuire
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 for violations of the Iowa Constitution.
In this case, the plaintiff, a garbage truck driver, sued…
An entity created by local governments is beyond the State Auditor’s reach, according to the Iowa Supreme Court
By Rox Laird
The Iowa State Auditor is empowered by the Iowa Code to audit agencies of the state government and certain governmental subdivisions of the State, including cities and counties. Meanwhile, local governments are authorized by the Iowa Code to form collaborative entities. Does that mean the State Auditor has authority to audit those entities?
Not necessarily,…
Fired Catholic school principal won’t get new trial, Iowa Supreme Court rules
By Rox Laird
A former principal of St. Joseph’s Catholic School in Des Moines will not get a new trial in her unsuccessful civil action against the Catholic Diocese of Des Moines, St. Joseph’s Church, and the pastor who supervised her, for fraud and defamation by all defendants, and breach of contract against the pastor, Father Joseph Pins,…
Iowa Supreme Court allows open records suit to proceed, saying the Governor is not immune from such litigation
By Rox Laird
The Iowa Supreme Court affirmed the Polk County District Court’s denial of a motion to dismiss a suit brought by journalists claiming Gov. Kim Reynolds and other staffers within her office violated the Iowa Open Records Act. In reaching that decision, the Court held the plaintiffs’ claims against the Governor did not violate the Iowa…
Iowa Supreme Court to hear arguments in three cases April 11, including on enforcement of Iowa’s fetal-heartbeat abortion law
By Rox Laird
The Iowa Supreme Court will hear oral arguments in three cases April 11. A fourth case will be submitted to the Court without oral argument. Following are summaries of the cases. [Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases.]
Planned Parenthood of the Heartland…
Oral argument on the right to a jury will be heard by Iowa Supreme Court in session in Perry April 4
By Rox Laird
In July 2020 the Iowa Attorney General filed a civil suit alleging a now-defunct Omaha company violated Iowa’s Consumer Fraud Act in marketing stem-cell and exosome therapy treatments using false, misleading, and deceptive tactics.
When the case went to trial in Polk County District Court, the defendant, Travis Autor, an unlicensed chiropractor who owned a…
Iowa Supreme Court sends case on “protectionist” legislation back to trial court with pointed language about legislative logrolling
By Rox Laird
The Iowa Constitution requires that bills enacted by the General Assembly contain a single subject in the title. Although legislators often use vaguely general titles on bills that contain many unrelated provisions, the Iowa Supreme Court has been reluctant to declare the practice unconstitutional: In the 166 years since the Constitution was written, the Court…