Krystal Wagner, Individually and as Administrator of the Estate of Shane Jensen
v.
State of Iowa and William L. Spece a/k/a Bill L. Spece
Plaintiff’s decedent was shot and killed by defendant, an Iowa Department of Natural Resources officer, during an armed standoff. Plaintiff’s estate and his mother brought an action in federal district court asserting claims for violation of his federal and state constitutional rights, wrongful death, and loss of consortium. The United States District Court for the Northern District of Iowa granted in part and denied in part defendants’ motion to dismiss and certified the following questions of law to the supreme court: (1) Does the Iowa Tort Claims Act, Iowa Code chapter 669, apply to plaintiffs' constitutional tort causes of action?; (2) Is the available remedy under the Iowa Tort Claims Act for excessive force by a law enforcement officer inadequate based on the unavailability of punitive damages? And if not, what considerations should courts address in determining whether legislative remedies for excessive force are adequate?; (3) Are plaintiffs' claims under the Iowa Constitution subject to the administrative exhaustion requirement in Iowa Code Section 669.5(1)?; and (4) Are plaintiffs required to bring their Iowa constitutional claims in the appropriate Iowa district court under Iowa Code Section 669.4?
Appellant
Krystal Wagner, Individually and as Administrator of the Estate of Shane Jensen
Appellee
State of Iowa and William L. Spece a/k/a Bill L. Spece
Attorneys for the Appellant
David A. O’Brien
Nathan Borland
Attorneys for the Appellee
Jeffrey S. Thompson
Jeffrey C. Peterzalek
Tessa M. Register
Supreme Court
Oral Argument Schedule
15-15-5
Sep 16, 2020 9:00 AM
