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Case No. 19-1278

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?

Appellants

Krystal Wagner, Individually and as Administrator of the Estate of Shane Jensen

Appellees

State of Iowa and William L. Spece a/k/a Bill L. Spece

Attorneys for Appellants

David A. O’Brien
Nathan Borland

Attorneys for Appellees

Jeffrey S. Thompson
Jeffrey C. Peterzalek
Tessa M. Register

Supreme Court

Oral Argument Schedule

15-15-5

Sep 16, 2020 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
19-1278
Date Published:
Dec 31, 2020
Date Amended:
Mar 09, 2021

Other Information

Date Retained:
Mar 23, 2020

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