Legal Opinion

Anne Hensler Vs. City Of Davenport

Supreme Court of Iowa

Decided November 12, 2010No. 09–0608PublishedCited by 69 opinions

1Opinion of the Court

WIGGINS, Justice.

The City of Davenport appeals a district court order finding its parental responsibility ordinance unconstitutional. The city also appeals the amount of the attorney fees awarded to the plaintiff. The plaintiff cross-appeals the attorney fee award. On appeal, we find the presumption of failure to exercise reasonable parental control un der the Davenport Parental Responsibility Ordinance is unconstitutional and sever the unconstitutional portion of the ordinance from the remainder of the ordinance. We also vacate the attorney fee award and remand the case to the district court…

2Cases cited53 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. Grayned v. City of RockfordSupreme Court of the United States · 1972
  5. Broadrick v. OklahomaSupreme Court of the United States · 1973

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3Cited by69 opinions

  1. Phuoc Nguyen v. State of IowaSupreme Court of Iowa · 2016
  2. Rozanne E. King Alisha Jane King Dacie S. Houston, Individually and as Mother and Next Friend of Skylar Dwayne Ostrander, Chay Cortez Ostrander, and Adlia William Cortez Flood III Brandy R. Drake, Individually and as Mother and Next Friend of Logan Genner Luhmann, Susan Maule, Stephanie Maule, and Jacob Maule Michael Campbell, Individually and as Father and Next Friend of George Campbell and SophSupreme Court of Iowa · 2012
  3. Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually and in His Official Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually and in Her Official Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal Counsel to the Governor of TheSupreme Court of Iowa · 2017
  4. Karen McQuistion v. City of Clinton, Iowa Mark Regenwether Jeffrey Farwell And Jeffrey HorneSupreme Court of Iowa · 2015
  5. State of Iowa v. Dale Dean Pettijohn Jr.Supreme Court of Iowa · 2017

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