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Victoria Abrahamson, Hana Schroeder, Jody Schroeder, Terry Schroeder, Samantha Johnson, Bre Ahna Boggess f/k/a Bre Ahna Payne, Rebecca Bates, Tawni Hanson, Darby Jones, Hunter Miner, and the State of Iowa, ex rel.
v.
Benjamin Scheevel, individually and in his official capacity as Officer for the Estherville Police Department, Brent Shatto, individually and in his official capacity as Chief of the Estherville Police Department, City of Estherville, Iowa et. al.
On interlocutory review, the defendants appealed the denial of their pre-answer motion to dismiss the plaintiffs’ claims arguing the two-year statute of limitations under the Iowa Municipal Tort Claims Act had passed. The court of appeals reversed, finding the district court erred in denying the motion to dismiss because no discovery rule applies and the plaintiffs did not bring suit within two years from the date of injury. The plaintiffs seek further review.
Applicant
Victoria Abrahamson, Hana Schroeder, Jody Schroeder, Terry Schroeder, Samantha Johnson, Bre Ahna Boggess f/k/a Bre Ahna Payne, Rebecca Bates, Tawni Hanson, Darby Jones, Hunter Miner, and the State of Iowa, ex rel.
Resister
Benjamin Scheevel, individually and in his official capacity as Officer for the Estherville Police Department, Brent Shatto, individually and in his official capacity as Chief of the Estherville Police Department, City of Estherville, Iowa et. al.
Attorney for the Applicant
Jack Bjornstad
Attorneys for the Resister
Zachary D. Clausen
Douglas L. Phillips
Sarah S. Hickman
Adam D. Zenor
Keith M. Graham
Dan H. Ketcham
L. Lars Hulsebus
Supreme Court
Oral Argument Schedule
15-15-5
Dec 16, 2025 9:00 AM
Briefs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Emmet County, Shayne Mayer, Judge. REVERSED AND REMANDED. Heard at oral argument by Tabor, C.J., Schumacher, Chicchelly, Langholz, JJ., and Vogel, S.J. Opinion by Chicchelly, J. Dissent by Tabor, C.J. (14 pages).
On interlocutory review, defendant‑appellants appeal the denial of their pre‑answer motion to dismiss. OPINION HOLDS: Because the applicable statute of limitations has passed, we reverse the court’s finding and remand with instructions to dismiss the claims as time‑barred. DISSENT ASSERTS: I agree with my colleagues that the two-year limitations period in Iowa Code section 670.5 applies to all three counts in the petition brought by Scheevel’s victims. But the injury here was not Scheevel’s improper use of the criminal history database; it was the impact that improper use had on the people whose data he accessed or disseminated. Scheevel’s victims should not be barred from pursuing claims when their injuries arose within two years of filing their petition. For these reasons, I would affirm and remand for further proceedings.