Jason Carter
v.
State of Iowa, Mark D. Ludwick, Special Agent of the Iowa Department of Public Safety and Mark D. Ludwik, in His Individual Capacity
Jason Carter filed suit against the State of Iowa and Agent Mark Ludwick of the Iowa Division of Criminal Investigation alleging the defendants violated his constitutional and statutory rights. The district court granted the defendants’ motion to dismiss finding defendants are sovereignly and qualifiedly immune from all claims and that Carter failed to state a claim for any violation of the Iowa Constitution. On appeal, Carter argues the State is not immune when an agent in a criminal investigation lies, hides evidence, misrepresents witness statements in reports, misrepresents evidence reports, intimidates witnesses, and repeatedly fails to follow important leads. Carter further argues the district court inappropriately weighed the merits of claims and defenses at the motion-to-dismiss stage.
Appellant
Jason Carter
Appellee
State of Iowa, Mark D. Ludwick, Special Agent of the Iowa Department of Public Safety and Mark D. Ludwik, in His Individual Capacity
Attorneys for the Appellant
Alison F. Kanne
Christine E. Branstad
Nathan A. Olson
Attorneys for the Appellee
Jeffrey C. Peterzalek
Tessa M. Register
Supreme Court
Oral Argument Schedule
15-15-5
Oct 13, 2022 9:00 AM