Marcelino Alvarez-Victoriano
v.
City of Waterloo, Iowa, C.J. Nichols, In His/Her Individual and Official Capacity, and Waterloo Police Department
Marcelino Alvarez-Victoriano appeals from the district court’s order granting the motion to dismiss with prejudice filed by the City of Waterloo, the Waterloo Police Department, and Officer C.J. Nichols. Mr. Alvarez-Victoriano argues: (1) the court lacked discretion to deny his voluntary dismissal more than 10 days before trial pursuant to Iowa Rule of Civil Procedure 1.943; (2) Iowa Code section 670.4A(3) does not conflict with rule 1.943, and its enactment did not change existing law regarding voluntary dismissals; and (3) the court lacked jurisdiction to enter a dismissal with prejudice based on section 670.4A(3).
Appellant
Marcelino Alvarez-Victoriano
Appellee
City of Waterloo, Iowa, C.J. Nichols, In His/Her Individual and Official Capacity, and Waterloo Police Department
Attorneys for the Appellant
Molly M. Hamilton
Samuel P. Langholz
Tessa M. Register
Attorneys for the Appellee
Bruce L. Gettman, Jr.
Bradley M. Strouse
Supreme Court
Oral Argument Schedule
15-15-5
Nov 17, 2022 9:00 AM