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Clay Blanchard
v.
City of Des Moines
Appellant
Clay Blanchard
Appellee
City of Des Moines
Attorney for the Appellant
Kenneth R. Munro
Attorney for the Appellee
Luke DeSmet, Assistant City Attorney
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David Nelmark, Judge. REVERSED AND REMANDED. Heard by Tabor, C.J., and Ahlers and Sandy, JJ. Opinion by Sandy, J. (8 pages)
The plaintiff appeals from the district court’s order dismissing his negligence petition against the defendant for failure to allege that the law on which the lawsuit is based is “clearly established.” OPINION HOLDS: Finding the plaintiff’s petition specifically pleaded and set forth clearly established claims, we reverse and remand for further proceedings consistent with this opinion.