Wendy Dishman
v.
State of Iowa
Appellee
Wendy Dishman
Appellant
State of Iowa
Attorney for the Appellee
Matthew S. Brick
Attorney for the Appellant
Samuel P. Langholz (until withdrawal) and Job Mukkada, Assistant Attorneys General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David Porter, Judge. REVERSED AND REMANDED. Heard by Greer, P.J., and Ahlers and Buller, JJ. Langholz, J., takes no part. Opinion by Ahlers, J. (7 pages)
The State of Iowa seeks interlocutory review following the district court’s denial of its motion for summary judgment arguing it is shielded from liability from the plaintiff’s tort claims by sovereign immunity and the plaintiff’s constitutional tort claim is no longer viable because the supreme court overruled Godfrey v. State, 898 N.W.2d 844 (Iowa 2017). OPINION HOLDS: Under Iowa Code section 669.14(4) (2018) the State has not waived sovereign immunity to claims for interference with contract rights, like those brought by the plaintiff. So the district court erred in denying the motion for summary judgment to the related counts. The plaintiff’s constitutional tort claim is no longer viable after the supreme court overturned Godfrey. So on remand the district court must grant summary judgment to the State on all remaining counts.
