Case No. 21-1992

Geri L. White
v.
Michael Harkrider, City of Iowa City, Chris Wisman, and Johnson County

Plaintiff in an action for damages against a city, county, and two law enforcement officers appeals a district court order dismissing the portion of her petition alleging tort claims for violation of her rights under the state constitution. Plaintiff contends the court erred by not finding: (1) constitutional-based tort claims for damages, which were recognized against the State of Iowa and its employees in Godfrey v. State, 898 N.W.2d 844 (Iowa 2017), are also applicable to municipalities and municipal employees; and (2) such claims may be predicated on the inalienable rights and search and seizure clauses of the Iowa Constitution. In a cross-appeal, defendants contend: (1) they are entitled to dismissal of the constitutional-based claims on the alternate grounds plaintiff has adequate non-constitutional remedies and defendants are protected by qualified immunity; and (2) the court erred in denying their motion to dismiss plaintiff’s remaining common law claims for intentional infliction of emotional distress, trespass, and assault.

County:

Johnson