Scieszinski v. City of Wilton

UHLENHOPP, Justice.

We must decide here whether the filing of a petition tolls the statute of limitations when the plaintiff seeks and obtains delay in the service of the original notice.

On September 9,1976, defendant Dwayne Rogers, a peace officer employed by defendant City of Wilton, Iowa, arrested plaintiff David Leo Scieszinski, charged him with driving while intoxicated, and held him in custody for eight hours. Mr. Scieszinski contemplated action for wrongful imprisonment against Officer Rogers and the City of Wilton. He did not however give a 60-day notice under § 613A.5 of the 1975…