Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-1148

Andrew Lennette, Individually and on behalf of C.L., O.L. and S.L., Minor Children
v.
State of Iowa, Melody Siver, Amy Howell, and Valerie Lovaglia

Andrew Lennette, individually and on behalf of his three minor children, appeals the district court’s grant of the State’s motion for summary judgment on his causes of action for Iowa constitutional torts and Iowa chapter 669 common law torts. Lennette claims the Iowa Department of Human Services and three of its child protection workers wrongfully removed him and separated him from his children under a false allegation of sexual abuse. Lennette argues: (1) the district court misapplied this court’s decision in Minor v. State in granting summary judgment on the basis of absolute immunity; (2) the district court utilized the wrong framework in erroneously granting summary judgment on qualified immunity; (3) both the statutory duty to investigate and the intentional conduct at issue precludes the application of the discretionary function exception of Iowa Code section 669.14(1); (4) the functional equivalent exception of section 669.14(4) cannot be applied to an intentional infliction of emotional distress claim or a claim for interference with custody; (5) the immunity provided by section 232.73 does not apply to these defendants and even assuming it did, there is a genuine issue of material fact on the State’s bad faith; (6) there is a genuine issue of material fact that precludes summary judgment on Lennette’s tort claims for tortious interference with custody and for intentional infliction of emotional distress; (7) Godfrey v. State, 898 N.W.2d 844 (Iowa 2017) applies to his claims pursuant to article I, section 1 or article I, section 8 of the Iowa Constitution; and (8) there is substantial evidence of procedural and substantive due process violations of the Iowa Constitution.

County:
Linn

Appellant

Andrew Lennette, Individually and on behalf of C.L., O.L. and S.L., Minor Children

Appellee

State of Iowa, Melody Siver, Amy Howell, and Valerie Lovaglia

Attorneys for the Appellant

Martin A. Diaz
Natalie H. Cronk

Attorneys for the Appellee

Jeffrey S. Thompson
Noah Goerlitz
Job Mukkada

Supreme Court

Oral Argument Schedule

15-15-5

Jan 19, 2022 9:30 AM

Briefs

Supreme Court Opinion

Opinion Number:
20–1148
Date Published:
Jun 10, 2022
Date Amended:
Aug 09, 2022

Other Information

Date Retained:
Apr 28, 2021

View archived opinions from prior to November 2017

© 2024 Iowa Judicial Branch. All Rights Reserved.