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Cory Burnett
v.
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.
Appellant
Cory Burnett
Appellee
Phillip Smith and State of Iowa
Attorney for the Appellant
Martin Diaz
Attorney for the Appellee
B.J. Terrones
Supreme Court
Oral Argument Schedule
15-15-5
Feb 20, 2023 7:00 PM
