Livingood v. Negrete

The district court dismissed plaintiff Prophet Kirk Micah Livingood’s petition seeking relief against his prison cell mate under Iowa Code chapter 236 (1993), the Domestic Abuse Act. Livingood argues the court erred in dismissing his petition because he and his cell mate are “persons cohabiting” under the Act. We affirm.

I. Background Facts and Proceedings.

On October 4,1993, an altercation occurred between Livingood and defendant Phillip Daniel Negrete, cell mates at the Iowa Men’s Reformatory in Anamosa. Livingood suffered strangulation marks around his neck, bruises on his chest, a black…