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Case No. 23-0892

Michael Wayne Klein
v.
Des Moines Police Department, Eric Moorman and City of Des Moines

County:
Polk

Appellant

Michael Wayne Klein

Appellee

Des Moines Police Department, Eric Moorman and City of Des Moines

Attorneys for the Appellant

John Q. Stoltze
Bruce H. Stoltze

Attorney for the Appellee

John O. Haraldson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0892
Date Published:
Oct 16, 2024
Summary

Appeal from the Iowa District Court for Polk County, Michael D. Huppert and Scott D. Rosenberg, Judges.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (17 pages)

Michael Klein appeals the district court’s grant of partial summary judgment to defendants, dismissing three of his claims, and appeals the district court’s denial of his partial new trial motion.  OPINION HOLDS: Because we no longer recognize standalone causes of action for constitutional tort violations under article 1, section 8 of the Iowa Constitution, we affirm the district court’s grant of summary judgment on Klein’s constitutional claims.  The evidence viewed in the light most favorable to Klein supports the district court’s ruling on Klein’s false arrest, malicious prosecution, and battery claims.  We conclude the district court did not err in denying a new trial based on the evidentiary grounds raised.  And as the attorney-misconduct claim was not preserved for appeal, we do not reach the merits of such claim.

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