Estate of David Paul McFarlin by Its Personal Representative, Jamie Laass Jamie Laass, Individually And Jamie Laass, as Parent and Next Friend of S.L. v. State of Iowa

I agree with the majority’s conclusion that various provisions in chapter 461A, standing alone, do not create a private right of action for alleged violation of them. However, I dissent on the other issues because I believe the public-duty doctrine does not foreclose the common 'law claims and discretionary-function immunity does not arise under the circumstances of this case. I would vacate the decision of the court of appeals, reverse the district court’s summary judgment ruling, and remand for trial.

I. The Public-Duty Doctrine.

The public-duty doctrine is not new. See Held v. Bagwell, 58…