Iowa

quick facts

Iowa No Longer Recognizes a Bivens-like Cause of Action for Constitutional Violations

In 2023, the Iowa Supreme Court overturned its groundbreaking 2017 ruling that recognized a cause of action directly under the Iowa Constitution. ² In Godfrey v. State, 898 N.W.2d 844 (Iowa 2017), the court recognized a Bivens-like right of action for damages for violations of constitutional provisions deemed “self-executing” in situations where the legislature has not provided an “adequate remedy.” ³ According to Burnett, this decision was wrong: inconsistent with the separation of powers and also difficult to administer. ⁴ For plaintiffs, this means one less option for vindicating individual rights in Iowa.

Non-constitutional Tort Claims

There are few non-constitutional options for people harmed by the state of Iowa and/or its employees. The Iowa Tort Claims Act (“ITCA”), which governs non-constitutional tort claims against the State and its employees, allows negligence claims against the State but excludes most intentional tort claims. ⁵ Plaintiffs with intentional tort claims against the State or a state employee are generally out of luck unless they have a constitutional claim, as state employees are immune from liability for torts committed within the scope of employment, including intentional torts. ⁶ The one exception is that claims for intentional infliction of emotional distress can be brought against the state under the ITCA. ⁷ However, the ITCA also includes cumbersome requirements for plaintiffs. ⁸

Local governments and local government employees are subject to a higher degree of liability than the State and its employees. Under the Municipal Tort Claims Act, liability is the rule while immunity is the exception, and municipalities are generally liable for the torts of their employees, including intentional torts. ⁹ Local government employees are generally personally liable only when “actual malice or willful, wanton and reckless misconduct is proven.” ¹⁰