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Case No. 18-1593

For summaries from opinions prior to August, 2018, view PDF versions here

Dena Jean Blazek, Administrator of the Estate of Adam William Blazek, Deceased; Dena Jean Blazek, Individually, and as Next Friend of C.B. and A.B.
v.
City of Nevada and City of Nevada, Iowa Employees Doe

Appellant

Dena Jean Blazek, Administrator of the Estate of Adam William Blazek, Deceased; Dena Jean Blazek, Individually, and as Next Friend of C.B. and A.B.

Appellee

City of Nevada and City of Nevada, Iowa Employees Doe

Attorneys for Appellant

William T. Talbot

Attorneys for Appellee

Jason C. Palmer, Thomas M. Boes, and Catherine M. Lucas

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1593
Date Published:
Aug 07, 2019
Summary

            Appeal from the Iowa District Court for Story County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ.  Opinion by Potterfield, J.  (13 pages)

            The plaintiffs appeal the district court’s decision granting the motion for summary judgment filed by the City of Nevada and unnamed City of Nevada employees in a suit seeking money damages for the death by suicide of Adam Blazek and the conduct of City of Nevada police officers.  OPINION HOLDS:  The plaintiffs’ tort claims against the defendants were barred because the defendants did not have a special relationship with the plaintiffs sufficient to defeat the public-duty doctrine.  The plaintiffs’ constitutional claims fail because they are based on tort theories and similarly barred by the public-duty doctrine or were based on violations of the plaintiffs’ substantive due process rights, in which case the plaintiffs did not meet their burden to show the defendants’ actions shocked the conscience.

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