Skip to main content
Iowa Judicial Branch
Main Content

Case No. 22-1491

Wendy Dishman
State of Iowa



Wendy Dishman


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:
Nov 21, 2023

            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.

© 2024 Iowa Judicial Branch. All Rights Reserved.