Legal Opinion · Dissent

Amended August 20, 2014 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 Jeff Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal Counsel to

Supreme Court of Iowa

Decided June 6, 2014No. 12–2120Published

1DissentWaterman, Justice

I respectfully dissent for the reasons articulated in Justice Mansfield’s dissent, which I join. I write separately to elaborate on the purposes behind the attorney general certification procedure and the statutory immunities undermined by the majority today. The legislature provided our public officials certain immunities from suit under the Iowa Tort Claims Act (ITCA), Iowa Code ch. 669 (2011), and a straightforward, simple certification procedure to extricate state employees from lawsuits arising from the performance of their duties. Iowa Code §§ 669.5(2) (certification), 669.14…

2Cases cited8 opinions

  1. Clinton v. JonesSupreme Court of the United States · 1997
  2. Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
  3. Hlubek v. PeleckySupreme Court of Iowa · 2005
  4. Harden v. StateSupreme Court of Iowa · 1989
  5. El Dia, Inc. v. RosselloCourt of Appeals for the First Circuit · 1999

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