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Case No. 22-0293

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).

County:
Black Hawk

Appellants

Marcelino Alvarez-Victoriano

Appellees

City of Waterloo, Iowa, C.J. Nichols, In His/Her Individual and Official Capacity, and Waterloo Police Department

Attorneys for Appellants

Molly M. Hamilton

Samuel P. Langholz
Tessa M. Register

Attorneys for Appellees

Bruce L. Gettman, Jr.
Bradley M. Strouse

Supreme Court

Oral Argument Schedule

15-15-5

Nov 17, 2022 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
22-0293
Date Published:
Jan 06, 2023

Other Information

Date Retained:
Jul 26, 2022
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