Krystal Wagner, individually, and as Administrator of the Estate of Shane Jensen
v.
State of Iowa and William L. Spece
Krystal Wagner, individually and as executor of her son’s estate, sued the State and an Iowa Department of Natural Resources Officer for wrongful death. Wagner asserted constitutional tort claims and common law claims. The district court granted summary judgment to the State and the officer. The court of appeals affirmed the district court’s dismissal. The court of appeals determined that Wagner waived her common law claims and determined that her constitutional tort law claims were no longer valid. Wagner challenges the court of appeals decision.
Applicant
Krystal Wagner, individually, and as Administrator of the Estate of Shane Jensen
Resister
State of Iowa and William L. Spece
Attorneys for the Applicant
David A. O’Brien
Brooke Timmer
Nathan Borland
Attorneys for the Resister
Jeffrey C. Peterzalek
Patrick C. Valencia
Supreme Court
Oral Argument Schedule
15-15-5
Feb 18, 2025 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Humboldt County, Kurt J. Stoebe, Judge. AFFIRMED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Langholz, J., takes no part. Opinion by Schumacher, P.J. (6 pages)
Krystal Wagner, individually and as the administrator of the estate of her son Shane Jensen, appeals the district court decision granting summary judgment to the State and Officer William Spece on her constitutional tort claims. OPINION HOLDS: Following Burnett v. Smith, 990 N.W.2d 289, 307 (Iowa 2023), Wagner’s constitutional tort claims are no longer actionable. And Wagner did not appeal her common law tort claims. We affirm the decision of the district court.