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Case No. 21-0909

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.

County:
Polk

Appellants

Jason Carter

Appellees

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 Appellants

Alison F. Kanne
Christine E. Branstad
Nathan A. Olson

Attorneys for Appellees

Jeffrey C. Peterzalek
Tessa M. Register

Supreme Court

Oral Argument Schedule

15-15-5

Oct 13, 2022 9:00 AM

Briefs

Other Information

Date Retained:
Jun 28, 2022
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