Heumphreus v. State

UHLENHOPP, Justice.

This wrongful death action by the survivors of a deceased penitentiary inmate raises a question of subject-matter jurisdiction of the district court.

In the present action the survivors filed a petition in district court against the State containing the following allegations with respect to liability:

2. Defendant operates the penal system for the state of Iowa to include the Fort Madison penitentiary and is subject to Chapter 25A Iowa Code, 1979 and 1981.

3. On or about the 29th day of November, 1979, Plaintiff’s decedent was an inmate of the Augusta Unit of the John Bennett…