Latest Case: Wagner v. State (Personal Injury)

The Stakes on January 6

MICHAEL C. DORF

Cornell law professor Michael C. Dorf describes what is at stake on Wednesday, January 6, when Congress meets in joint session to confirm Joe Biden’s election as President. Professor Dorf explains why, although Trump apparently lacks the majority necessary to invalidate a duly chose electoral slate, the stakes are still very high.

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Wagner v. State

Docket: 19-1278

Opinion Date: December 31, 2020

Judge: Edward M. Mansfield

Areas of Law: Personal Injury

The Supreme Court provided answers to certified questions of law in a federal case brought against the State and a Department of Natural Resources (DNR) officer who shot and killed Plaintiff's son during an armed standoff, concluding that the legislature intended the Iowa Tort Claims Act (Act) to serve as the gateway for all tort litigation against the State. The federal court dismissed all claims against the State and the DNR officer in his official capacity, finding as a matter of law that the officer was acting within the scope of his employment when he shot and killed Plaintiff's son. The federal court dismissed Plaintiff's negligence claims for failure to exhaust administrative remedies under the Act but declined to dismiss Plaintiff's claims against the DNR officer in his individual capacity. The Supreme Court answered the federal court's certified questions of law by holding (1) the Act applies to Plaintiff's state constitutional tort causes of action; (2) the available remedy under the Act for excessive force by a law enforcement officer is adequate; (3) Plaintiff's claims under the Iowa Constitution are subject to the administrative exhaustion requirement in Iowa Code 669.5(1); and (4) plaintiffs are required to bring their Iowa constitutional claims in the appropriate Iowa district court under Iowa Code 669.4.