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Case No. 22-1010

Cory Burnett
Phillip Smith and State of Iowa

Plaintiff in action for damages arising from his alleged unlawful arrest for interference with official acts appeals from a summary judgment dismissing his constitutional tort claim under article I, section 8, of the Iowa Constitution. Plaintiff contends: (1) he was not legally obligated to assist defendant motor vehicle enforcement officer in inspecting plaintiff’s vehicle; (2) defendant officer did not have probable cause to arrest plaintiff for his passive refusal to assist in the inspection; (3) defendant officer was not entitled to qualified immunity; and (4) plaintiff is entitled to a partial summary judgment on his constitutional tort claim.

Trial Court Case No.:


Cory Burnett


Phillip Smith and State of Iowa

Attorney for the Appellant

Martin Diaz

Attorney for the Appellee

B.J. Terrones

Supreme Court

Oral Argument Schedule


Feb 20, 2023 7:00 PM


Supreme Court Opinion

Opinion Number:
Date Published:
May 05, 2023

Other Information

Date Retained:
Nov 29, 2022
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