reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 668A - PUNITIVE OR EXEMPLARY DAMAGES › Section 668A.1 - Punitive or exemplary damages.

668A.1 Punitive or exemplary damages.
1. In a trial of a claim involving the request for punitive or exemplary damages, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating all of the following:
a. Whether, by a preponderance of clear, convincing, and satisfactory evidence, the conduct of the defendant from which the claim arose constituted willful and wanton disregard for the rights or safety of another.
b. Whether the conduct of the defendant was directed specifically at the claimant, or at the person from which the claimant’s claim is derived.
2. An award for punitive or exemplary damages shall not be made unless the answer or finding pursuant to subsection 1, paragraph “a”, is affirmative. If such answer or finding is affirmative, the jury, or court if there is no jury, shall fix the amount of punitive or exemplary damages to be awarded, and such damages shall be ordered paid as follows:
a. If the answer or finding pursuant to subsection 1, paragraph “b”, is affirmative, the full amount of the punitive or exemplary damages awarded shall be paid to the claimant.
b. If the answer or finding pursuant to subsection 1, paragraph “b”, is negative, after payment of all applicable costs and fees, an amount not to exceed twenty-five percent of the punitive or exemplary damages awarded may be ordered paid to the claimant, with the remainder of the award to be ordered paid into a civil reparations trust fund administered by the state court administrator. Funds placed in the civil reparations trust shall be under the control and supervision of the executive council, and shall be disbursed only for purposes of indigent civil litigation programs or insurance assistance programs.
3. The mere allegation or assertion of a claim for punitive damages shall not form the basis for discovery of the wealth or ability to respond in damages on behalf of the party from whom punitive damages are claimed until such time as the claimant has established that sufficient admissible evidence exists to support a prima facie case establishing the requirements of subsection 1, paragraph “a”.
86 Acts, ch 1211, §42; 87 Acts, ch 157, §10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.1 - Citation and applicability.

669.1 Citation and applicability.
This chapter may be cited as the “Iowa Tort Claims Act”. Every provision of this chapter is applicable and of full force and effect notwithstanding any inconsistent provision of the Iowa administrative procedure Act, chapter 17A.
[C66, 71, 73, 75, 77, 79, 81, §25A.1]
C93, §669.1
2003 Acts, ch 44, §114
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.3 - Adjustment and settlement of claims.

669.3 Adjustment and settlement of claims.
1. The attorney general, on behalf of the state of Iowa, shall consider, ascertain, adjust, compromise, settle, determine, and allow any claim that is subject to this chapter.
2. A claim made under this chapter shall be filed with the director of the department of management, who shall acknowledge receipt on behalf of the state.
3. The state appeal board shall adopt rules and procedures for the handling, processing, and investigation of claims, in accordance with chapter 17A.
[C66, 71, 73, 75, 77, 79, 81, §25A.3]
C93, §669.3
2003 Acts, ch 44, §114; 2006 Acts, ch 1185, §105
Referred to in §669.2, 669.15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.4 - District court to hold hearings.

669.4 District court to hold hearings.
1. The district court of the state of Iowa for the district in which the plaintiff is resident or in which the act or omission complained of occurred, or where the act or omission occurred outside of Iowa and the plaintiff is a nonresident, the Polk county district court has exclusive jurisdiction to hear, determine, and render judgment on any suit or claim as defined in this chapter. However, the laws and rules of civil procedure of this state on change of place of trial apply to such suits.
2. The state shall be liable in respect to such claims to the same claimants, in the same manner, and to the same extent as a private individual under like circumstances, except that the state shall not be liable for interest prior to judgment or for punitive damages. Costs shall be allowed in all courts to the successful claimant to the same extent as if the state were a private litigant.
3. The immunity of the state from suit and liability is waived to the extent provided in this chapter.
4. A suit is commenced under this chapter by serving the attorney general or the attorney general’s duly authorized delegate in charge of the tort claims division by service of an original notice. The state shall have thirty days within which to enter its general or special appearance.
[C66, 71, 73, 75, 77, 79, 81, §25A.4; 82 Acts, ch 1055, §1, 2]
C93, §669.4
2006 Acts, ch 1185, §106; 2015 Acts, ch 29, §114
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.5 - When suit permitted — employees of the state.

669.5 When suit permitted — employees of the state.
1. A suit shall not be permitted for a claim under this chapter unless the attorney general has made final disposition of the claim. However, if the attorney general does not make final disposition of a claim within six months after the claim is made in writing to the director of the department of management, the claimant may, by notice in writing, withdraw the claim from consideration and begin suit under this chapter. Disposition of or offer to settle any claim made under this chapter shall not be competent evidence of liability or amount of damages in any suit under this chapter.
2. a. Upon certification by the attorney general that a defendant in a suit was an employee of the state acting within the scope of the employee’s office or employment at the time of the incident upon which the claim is based, the suit commenced upon the claim shall be deemed to be an action against the state under the provisions of this chapter, and if the state is not already a defendant, the state shall be substituted as the defendant in place of the employee.
b. If the attorney general refuses to certify that a defendant was acting within the scope of the defendant’s office or employment as described in paragraph “a” at the time of the incident out of which the claim arose, the defendant may petition the court, with notice to the attorney general, for the court to find and certify that the defendant was an employee of the state and was acting within the scope of the defendant’s office or employment. The defendant must file the petition within ninety days of the date the attorney general serves notice of the attorney general’s refusal to provide certification as provided in paragraph “a”. If the court issues the finding and certification, the suit shall be deemed to be brought against the state and subject to the provisions of this chapter and the state shall be substituted as the defendant party unless the state is already a defendant. If the court denies the petition for certification, the order shall not be a final order and is not subject to interlocutory appeal by the defendant.
[C66, 71, 73, 75, 77, 79, 81, §25A.5]
C93, §669.5
2006 Acts, ch 1185, §107
Referred to in §669.13, 669.21
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.6 - Applicable rules.

669.6 Applicable rules.
In suits under this chapter, the forms of process, writs, pleadings, and actions, and the practice and procedure, shall be in accordance with the rules of civil procedure. The same provisions for counterclaims, setoff, interest upon judgments, and payment of judgments, are applicable as in other suits brought in the district court. However, no writ of execution shall issue against the state or any state agency by reason of a judgment under this chapter.
[C66, 71, 73, 75, 77, 79, 81, §25A.6]
83 Acts, ch 186, §10013, 10201
C93, §669.6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.7 - Appeal.

669.7 Appeal.
Judgments in the district courts in suits under this chapter shall be subject to appeal to the supreme court of the state in the same manner and to the same extent as other judgments of the district courts.
[C66, 71, 73, 75, 77, 79, 81, §25A.7]
C93, §669.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.8 - Judgment as bar.

669.8 Judgment as bar.
The final judgment in any suit under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the state or the employee of the state whose act or omission gave rise to the claim. However, this section shall not apply if the court rules that the claim is not permitted under this chapter.
[C66, 71, 73, 75, 77, 79, 81, §25A.8]
C93, §669.8
Referred to in §663A.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.9 - Compromise and settlement.

669.9 Compromise and settlement.
With a view to doing substantial justice, the attorney general is authorized to compromise or settle any suit permitted under this chapter, with the approval of the court in which suit is pending.
[C66, 71, 73, 75, 77, 79, 81, §25A.9]
C93, §669.9
Referred to in §669.2, 669.15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.10 - Award conclusive on state.

669.10 Award conclusive on state.
1. Any award made under this chapter and accepted by the claimant shall be final and conclusive on all officers of the state of Iowa, except when procured by means of fraud, notwithstanding any other provisions of law to the contrary.
2. The acceptance by the claimant of such award shall be final and conclusive on the claimant, and shall constitute a complete release by the claimant of any claim against the state and against the employee of the state whose act or omission gave rise to the claim, by reason of the same subject matter.
[C66, 71, 73, 75, 77, 79, 81, §25A.10]
C93, §669.10
2016 Acts, ch 1011, §121
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.11 - Payment of award.

669.11 Payment of award.
Any award to a claimant under this chapter, and any judgment in favor of any claimant under this chapter, shall be paid promptly out of appropriations which have been made for that purpose, if any; but any such amount or part thereof which cannot be paid promptly from such appropriations shall be paid promptly out of any moneys in the state treasury not otherwise appropriated. Payment shall be made only upon receipt of a written release by the claimant in a form approved by the attorney general.
[C66, 71, 73, 75, 77, 79, 81, §25A.11]
C93, §669.11
2019 Acts, ch 24, §90
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.12 - Report by director.

669.12 Report by director.
The director of the department of management shall annually report to the general assembly all claims and judgments paid under this chapter. Such report shall include the name of each claimant, a statement of the amount claimed and the amount awarded, and a brief description of the claim.
[C66, 71, 73, 75, 77, 79, 81, §25A.12]
C93, §669.12
2015 Acts, ch 29, §114
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.13 - Limitation of actions.

669.13 Limitation of actions.
1. Except as provided in section 614.8, a claim or suit otherwise permitted under this chapter shall be forever barred, unless within two years after the claim accrued, the claim is made in writing and filed with the director of the department of management under this chapter. The time to begin a suit under this chapter shall be extended for a period of six months from the date of mailing of notice to the claimant by the attorney general as to the final disposition of the claim or from the date of withdrawal of the claim under section 669.5, if the time to begin suit would otherwise expire before the end of the period.
2. If a claim is made or filed under any other law of this state and a determination is made by a state agency or court that this chapter provides the exclusive remedy for the claim, the two-year period authorized in subsection 1 to make a claim and to begin a suit under this chapter shall be extended for a period of six months from the date of the court order making such determination or the date of mailing of notice to the claimant of such determination by a state agency, if the time to make the claim and to begin the suit under this chapter would otherwise expire before the end of the two-year period. The time to begin a suit under this chapter may be further extended as provided in subsection 1.
3. This section is the only statute of limitations applicable to claims as defined in this chapter.
[C66, 71, 73, 75, 77, 79, 81, §25A.13]
C93, §669.13
2006 Acts, ch 1185, §108; 2007 Acts, ch 110, §4, 6
Referred to in §668.10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.14A - Qualified immunity.

669.14A Qualified immunity.
1. Notwithstanding any other provision of law, an employee of the state subject to a claim brought under this chapter shall not be liable for monetary damages if any of the following apply:
a. The right, privilege, or immunity secured by law was not clearly established at the time of the alleged deprivation, or at the time of the alleged deprivation the state of the law was not sufficiently clear that every reasonable employee would have understood that the conduct alleged constituted a violation of law.
b. A court of competent jurisdiction has issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the law.
2. The state or a state agency shall not be liable for any claim brought under this chapter where the employee was determined to be protected by qualified immunity under subsection 1.
3. A plaintiff who brings a claim under this chapter alleging a violation of the law must state with particularity the circumstances constituting the violation and that the law was clearly established at the time of the alleged violation. Failure to plead a plausible violation or failure to plead that the law was clearly established at the time of the alleged violation shall result in dismissal with prejudice.
4. Any decision by the district court denying qualified immunity shall be immediately appealable.
5. This section shall apply in addition to any other statutory or common law immunity.
2021 Acts, ch 183, §12, 16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.15 - Attorney fees and expenses — penalty.

669.15 Attorney fees and expenses — penalty.
The court rendering a judgment for a claimant under this chapter or the attorney general, making an award under section 669.3 or 669.9, shall, as a part of the judgment or award, determine and allow reasonable attorney fees and expenses. The attorney fees and expenses shall be paid out of but not in addition to the amount of judgment or award recovered, to the attorneys representing the claimant. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be guilty of a serious misdemeanor.
[C66, 71, 73, 75, 77, 79, 81, §25A.15]
C93, §669.15
2006 Acts, ch 1185, §109
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.16 - Remedies exclusive.

669.16 Remedies exclusive.
From and after March 31, 1965, the authority of any state agency to sue or be sued in its own name shall not be construed to authorize suits against such state agency on claims as defined in this chapter. The remedies provided by this chapter in such cases shall be exclusive.
[C66, 71, 73, 75, 77, 79, 81, §25A.16]
C93, §669.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.17 - Adjustment of other claims.

669.17 Adjustment of other claims.
Nothing contained in this chapter shall be deemed to repeal any provision of law authorizing any state agency to consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a claim as defined in this chapter.
[C66, 71, 73, 75, 77, 79, 81, §25A.17]
C93, §669.17
2020 Acts, ch 1063, §370
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.18 - Extension of time.

669.18 Extension of time.
If a claim is made or a suit is begun under this chapter, and if a determination is made by the attorney general or by the court that the claim or suit is not permitted under this chapter for any reason other than lapse of time, the time to make a claim or to begin a suit under any other applicable law of this state shall be extended for a period of six months from the date of the court order making such determination or the date of mailing of notice to the claimant of such determination by the attorney general, if the time to make the claim or begin the suit under such other law would otherwise expire before the end of such period.
[C66, 71, 73, 75, 77, 79, 81, §25A.18]
C93, §669.18
2006 Acts, ch 1185, §110
Limitations of civil actions, see chapter 614
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.19 - Investigation of claims.

669.19 Investigation of claims.
The attorney general shall fully investigate each claim under this chapter and may exercise the authority provided in section 25.5 in performing the investigation.
[C66, 71, 73, 75, 77, 79, 81, §25A.19]
85 Acts, ch 67, §6
C93, §669.19
2006 Acts, ch 1185, §111
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.20 - Liability insurance.

669.20 Liability insurance.
If a claim or suit against the state is covered by liability insurance, the provisions of the liability insurance policy on defense and settlement shall be applicable notwithstanding any inconsistent provisions of this chapter. The attorney general shall cooperate with the insurance company.
[C66, 71, 73, 75, 77, 79, 81, §25A.20]
C93, §669.20
2006 Acts, ch 1185, §112
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.21 - Employees defended and indemnified.

669.21 Employees defended and indemnified.
1. Except as otherwise provided in subsection 2, the state shall defend any employee, and shall indemnify and hold harmless an employee against any claim as defined in section 669.2, subsection 3, paragraph “b”, including claims arising under the Constitution, statutes, or rules of the United States or of any state.
2. a. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigation or defense of the claim, as defined in this section, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which a tort claim or demand was based constituted a willful and wanton act or omission or malfeasance in office.
b. The duty to indemnify and hold harmless shall not apply if, in a suit commenced against the employee, the state has been substituted as the defendant in place of the employee, as provided in section 669.5.
[C77, 79, 81, §25A.21]
84 Acts, ch 1259, §2
C93, §669.21
98 Acts, ch 1086, §2; 2006 Acts, ch 1185, §113
Referred to in §29C.8, 135.24, 135.143, 163.3A, 231E.12
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.22 - Actions in federal court.

669.22 Actions in federal court.
The state shall defend any employee, and shall indemnify and hold harmless an employee of the state in any action commenced in federal court under 42 U.S.C. §1983 against the employee for acts of the employee while acting in the scope of employment. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigation or defense of the claim or demand, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which the claim or demand was based constituted a willful and wanton act or omission or malfeasance in office.
[C77, 79, 81, §25A.22]
84 Acts, ch 1259, §3
C93, §669.22
98 Acts, ch 1086, §3; 2010 Acts, ch 1061, §79
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.24 - State volunteers.

669.24 State volunteers.
A person who performs services for the state government or any agency or subdivision of state government and who does not receive compensation is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, except for acts or omissions which involve intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit. For purposes of this section, “compensation” does not include payments to reimburse a person for expenses.
87 Acts, ch 212, §1
CS87, §25A.24
C93, §669.24
Referred to in §147A.1, 231E.12, 461A.81
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.25 - Liability.

669.25 Liability.
A person who performs services for a fair, as defined in section 174.1, and is not a full-time employee of the fair is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, except for acts or omissions which involve intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit.
2004 Acts, ch 1019, §30
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 669 - STATE TORT CLAIMS › Section 669.26 - Money damages — nonwaiver of rights.

669.26 Money damages — nonwaiver of rights.
This chapter shall not be construed to be a waiver of sovereign immunity for a claim for money damages under the Constitution of the State of Iowa.
2021 Acts, ch 183, §13, 16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.1 - Definitions.

670.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
1. “Governing body” means the council of a city, county board of supervisors, board of township trustees, local school board, and other boards and commissions exercising quasi-legislative, quasi-executive, and quasi-judicial power over territory comprising a municipality.
2. “Municipality” means city, county, township, school district, a chapter 28E entity as provided in section 670.4, subsection 1, paragraph “p”, and any other unit of local government except soil and water conservation districts as defined in section 161A.3, subsection 6.
3. “Officer” includes but is not limited to the members of the governing body.
4. “Tort” means every civil wrong which results in wrongful death or injury to person or injury to property or injury to personal or property rights and includes but is not restricted to actions based upon negligence; error or omission; nuisance; breach of duty, whether statutory or other duty or denial or impairment of any right under any constitutional provision, statute or rule of law.
[C71, 73, 75, 77, 79, 81, §613A.1]
86 Acts, ch 1172, §2; 86 Acts, ch 1238, §61; 87 Acts, ch 23, §57; 89 Acts, ch 83, §82
C93, §670.1
2015 Acts, ch 132, §48, 51
Referred to in §29C.9, 87.4, 321.231A, 321.231B, 321.424, 321.433, 321.451
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.2 - Liability imposed.

670.2 Liability imposed.
1. Except as otherwise provided in this chapter, every municipality is subject to liability for its torts and those of its officers and employees, acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function.
2. For the purposes of this chapter, “employee” includes a person who performs services for a municipality whether or not the person is compensated for the services, unless the services are performed only as an incident to the person’s attendance at a municipality function.
3. A person who performs services for a municipality or an agency or subdivision of a municipality and who does not receive compensation is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, except for acts or omissions which involve intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit. For purposes of this section, “compensation” does not include payments to reimburse a person for expenses.
[C71, 73, 75, 77, 79, 81, §613A.2; 82 Acts, ch 1018, §3]
87 Acts, ch 212, §20
C93, §670.2
2016 Acts, ch 1011, §114
Referred to in §670.4, 670.5, 670.7, 670.9, 670.10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.3 - Actual knowledge of defect as defense.

670.3 Actual knowledge of defect as defense.
In any action subject to the provisions of this chapter, an affirmative showing that the injured party had actual knowledge of the existence of the alleged obstruction, disrepair, defect, accumulation, or nuisance at the time of the occurrence of the injury, and a further showing that an alternate safe route was available and known to the injured party, shall constitute a defense to the action.
[C71, 73, 75, 77, 79, 81, §613A.3]
C93, §670.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.4A - Qualified immunity.

670.4A Qualified immunity.
1. Notwithstanding any other provision of law, an employee or officer subject to a claim brought under this chapter shall not be liable for monetary damages if any of the following apply:
a. The right, privilege, or immunity secured by law was not clearly established at the time of the alleged deprivation, or at the time of the alleged deprivation the state of the law was not sufficiently clear that every reasonable employee would have understood that the conduct alleged constituted a violation of law.
b. A court of competent jurisdiction has issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the law.
2. A municipality shall not be liable for any claim brought under this chapter where the employee or officer was determined to be protected by qualified immunity under subsection 1.
3. A plaintiff who brings a claim under this chapter alleging a violation of the law must state with particularity the circumstances constituting the violation and that the law was clearly established at the time of the alleged violation. Failure to plead a plausible violation or failure to plead that the law was clearly established at the time of the alleged violation shall result in dismissal with prejudice.
4. Any decision by the district court denying qualified immunity shall be immediately appealable.
5. This section shall apply in addition to any other statutory or common law immunity.
2021 Acts, ch 183, §14, 16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.5 - Limitation of actions.

670.5 Limitation of actions.
Except as provided in section 614.8, a person who claims damages from any municipality or any officer, employee or agent of a municipality for or on account of any wrongful death, loss, or injury within the scope of section 670.2 or section 670.8 or under common law shall commence an action therefor within two years after the alleged wrongful death, loss, or injury.
[C71, 73, 75, 77, 79, 81, §613A.5]
C93, §670.5
2007 Acts, ch 110, §5, 6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.6 - Death — claim presented by another.

670.6 Death — claim presented by another.
When the claim is one for death by wrongful act or omission, the notice may be presented by the personal representative, surviving spouse, or next of kin, or the consular officer of the foreign country of which the deceased was a citizen, within one year after the alleged injury resulting in such death; but if the person for whose death the claim is made has presented a notice that would have been sufficient had the person lived, an action for wrongful death may be brought without additional notice.
[C71, 73, 75, 77, 79, 81, §613A.6]
C93, §670.6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.8 - Officers and employees defended.

670.8 Officers and employees defended.
1. The governing body shall defend its officers and employees, whether elected or appointed and shall save harmless and indemnify the officers and employees against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their employment or duties. However, the duty to save harmless and indemnify does not apply to awards for punitive damages. The exception for punitive damages does not prohibit a governing body from purchasing insurance to protect its officers and employees from punitive damages. The duty to save harmless and indemnify does not apply and the municipality is entitled to restitution by an officer or employee if, in an action commenced by the municipality against the officer or employee, it is determined that the conduct of the officer or employee upon which the tort claim or demand was based constituted a willful and wanton act or omission. Any independent or autonomous board or commission of a municipality having authority to disburse funds for a particular municipal function without approval of the governing body shall similarly defend, save harmless and indemnify its officers and employees against tort claims or demands.
2. The duties to defend and to save harmless and indemnify shall apply whether or not the municipality is a party to the action and shall include but not be limited to cases arising under 42 U.S.C. §1983.
3. In the event the officer or employee fails to cooperate in the defense against the claim or demand, the municipality shall have a right of indemnification against that officer or employee.
[C71, 73, 75, 77, 79, 81, §613A.8; 82 Acts, ch 1018, §6]
83 Acts, ch 130, §1
C93, §670.8
2010 Acts, ch 1061, §80
Referred to in §256.16, 331.303, 670.5, 670.7, 670.9, 670.10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.9 - Compromise and settlement.

670.9 Compromise and settlement.
The governing body of any municipality may compromise, adjust, and settle tort claims against the municipality and its officers, employees, and agents for damages under section 670.2 or 670.8 and may appropriate money for the payment of amounts agreed upon.
[C71, 73, 75, 77, 79, 81, §613A.9]
C93, §670.9
2016 Acts, ch 1011, §115; 2017 Acts, ch 29, §163
Referred to in §331.303
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.10 - Tax to pay judgment or settlement.

670.10 Tax to pay judgment or settlement.
When a final judgment is entered against or a settlement is made by a municipality for a claim within the scope of section 670.2 or 670.8, payment shall be made and the same remedies apply in the case of nonpayment as in the case of other judgments against the municipality. If a judgment or settlement is unpaid at the time of the adoption of the annual budget, the municipality shall budget an amount sufficient to pay the judgment or settlement together with interest accruing on it to the expected date of payment. A tax may be levied in excess of any limitation imposed by statute. However, for school districts the costs of a judgment or settlement under this section shall be included in the district management levy pursuant to section 298.4.
[C71, 73, 75, 77, 79, 81, §613A.10]
89 Acts, ch 135, §124
C93, §670.10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.11 - Claims not retrospective.

670.11 Claims not retrospective.
This chapter shall have no application to any occurrence or injury claim or action arising prior to January 1, 1968.
[C71, 73, 75, 77, 79, 81, §613A.11]
C93, §670.11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.12 - Officers and employees — personal liability.

670.12 Officers and employees — personal liability.
All officers and employees of municipalities are not personally liable for claims which are exempted under section 670.4, except claims for punitive damages, and actions permitted under section 85.20. An officer or employee of a municipality is not liable for punitive damages as a result of acts in the performance of a duty, unless actual malice or willful, wanton and reckless misconduct is proven.
[82 Acts, ch 1018, §1]
C83, §613A.12
83 Acts, ch 130, §2; 86 Acts, ch 1211, §35
C93, §670.12
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.13 - Default judgments.

670.13 Default judgments.
A default judgment shall not be taken against an employee, officer, or agent of a municipality unless the municipality is a party to the action and the time for special appearance, motion or answer by the municipality under
rule of civil procedure 1.303
has expired.
[82 Acts, ch 1018, §2]
C83, §613A.13
C93, §670.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS › Section 670.14 - Money damages — nonwaiver of rights.

670.14 Money damages — nonwaiver of rights.
This chapter shall not be construed to be a waiver of sovereign immunity for a claim for money damages under the Constitution of the State of Iowa.
2021 Acts, ch 183, §15, 16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670A - FORCIBLE FELON LIABILITY › Section 670A.1 - Definitions.

670A.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Act” means an act as defined under section 702.2.
2. “Convicted” means a finding of guilt, irrespective of imposition or execution of any sentence; a final and valid admission of guilt or a guilty plea; an entry of judgment of conviction; an adjudication of delinquency; a plea of guilty to a delinquency petition; the entry into an informal adjustment agreement or an agreement to the entry of a consent decree regarding a delinquent act.
3. “Course of criminal conduct” means an act which when committed constitutes a crime and includes any acts of a victim in defending or attempting to defend against the crime.
4. “Crime” means a forcible felony as defined under section 702.11.
5. “Perpetrator” means a person who has committed the acts constituting a crime and includes a person who has been convicted of a crime and any person who jointly participates or aids and abets in the commission of a crime.
6. “Victim” means a person who is the object of a course of criminal conduct and also includes persons who provide reasonable assistance to or who defend another person who is exposed to or has suffered serious injury at the time of or immediately after the commission of a crime.
98 Acts, ch 1111, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 670A - FORCIBLE FELON LIABILITY › Section 670A.2 - Perpetrator liability.

670A.2 Perpetrator liability.
1. A perpetrator assumes the risk of and is liable for any loss, injury, or death which results from or arises out of the perpetrator’s course of criminal conduct. A crime victim is not liable for any damages caused by any acts of the victim in defending or attempting to defend against the crime if the victim used reasonable force when committing the acts. A perpetrator’s assumption of risk and liability does not eliminate a victim’s duty to protect against any conditions which the victim knows or has reason to know may create an unreasonable risk of harm. This section shall not apply to perpetrators who, because of mental illness or defect, are incapable of knowing the nature and quality of their acts or are incapable of distinguishing between right and wrong in relation to those acts.
2. For purposes of this section, a certified copy of a guilty plea, an order entering a judgment of guilt, a court record of conviction or adjudication, an order adjudicating a child delinquent, or a record of an informal adjustment agreement shall be conclusive proof of a perpetrator’s assumption of risk of and liability for any damage or harm caused to a victim.
3. In addition to any claim for damages, the court shall award a victim reasonable expenses, including attorney’s fees and disbursements, which are incurred in the prosecution of the damages claim.
4. Except as necessary to preserve evidence, the court shall stay any action for damages under this section during the pendency of any criminal action which pertains to the course of criminal conduct which forms the basis for a claim for relief under this section.
98 Acts, ch 1111, §2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671 - LIABILITY OF HOTELKEEPERS AND STEAMBOAT OWNERS › Section 671.1 - Liability for precious articles — safe deposit.

671.1 Liability for precious articles — safe deposit.
No keeper of any hotel, inn, or eating house, nor the owner of any steamboat, shall be liable to any guest for more than one hundred dollars for the loss of or injury to any money, jewelry, articles of gold or silver manufacture, precious stones, personal ornaments, documents of any kind, or other similar property, if such keeper or owner at all times provides:
1. A metal safe or vault, in good order and fit for the safekeeping of such property.
2. Locks or bolts on the door and proper fastenings on the transoms and windows of the sleeping quarters used by guests.
3. Printed notices posted up in a conspicuous place in the office or other public room and in the quarters occupied by guests, stating that such places for safe deposit are provided for the use and accommodation of guests and patrons.
[C97, §3138; S13, §3138; C24, 27, 31, 35, 39, §1685; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §105.1]
C93, §671.1
Referred to in §671.2, 671.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671 - LIABILITY OF HOTELKEEPERS AND STEAMBOAT OWNERS › Section 671.2 - Exception.

671.2 Exception.
1. The limited liability provided in section 671.1 shall not apply where:
a. A guest has offered to deliver valuables to the keeper or owner for custody in such metal safe or vault, and
b. The keeper or owner has omitted or refused to receive and deposit the valuables in the safe or vault and give such guest a receipt for the valuables.
2. The keeper or owner shall not be required to receive from any one guest for deposit in the keeper’s or owner’s safe or vault, property having a market value of more than five hundred dollars.
[C97, §3138; S13, §3138; C24, 27, 31, 35, 39, §1686; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §105.2]
C93, §671.2
2013 Acts, ch 90, §182
Referred to in §671.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671 - LIABILITY OF HOTELKEEPERS AND STEAMBOAT OWNERS › Section 671.3 - Nature of liability.

671.3 Nature of liability.
The liability of such keeper or owner for loss of or injury to personal property placed by any guest in the keeper’s or owner’s care, other than that described in sections 671.1 and 671.2, shall be that of a depository for hire.
[C24, 27, 31, 35, 39, §1687; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §105.3]
C93, §671.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671 - LIABILITY OF HOTELKEEPERS AND STEAMBOAT OWNERS › Section 671.4 - Limitation on liability.

671.4 Limitation on liability.
In no event shall the liability of such keeper or owner exceed the following amounts:
1. For each trunk and its contents, two hundred fifty dollars.
2. For each valise and its contents, one hundred fifty dollars.
3. For each box, bundle, or package and its contents, fifty dollars.
4. For any and all other miscellaneous effects of each guest, not exceeding one hundred dollars.
[C24, 27, 31, 35, 39, §1688; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §105.4]
C93, §671.4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671 - LIABILITY OF HOTELKEEPERS AND STEAMBOAT OWNERS › Section 671.5 - Leaving baggage after registering off.

671.5 Leaving baggage after registering off.
In case baggage or other personal property of a guest has remained in any hotel, inn, eating house, or steamboat forty-eight hours after the guest has paid the guest’s bill and registered off and the relation of keeper and guest has ceased, such keeper or owner may hold such baggage or property at the risk of the owner.
[C24, 27, 31, 35, 39, §1689; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §105.5]
C93, §671.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671 - LIABILITY OF HOTELKEEPERS AND STEAMBOAT OWNERS › Section 671.6 - Forwarding baggage.

671.6 Forwarding baggage.
In case baggage or other property has been forwarded to any hotel, inn, eating house, or steamboat, and the owner of such baggage or property does not within forty-eight hours become a guest, such keeper or owner may hold such baggage or property at the risk of the owner.
[C24, 27, 31, 35, 39, §1690; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §105.6]
C93, §671.6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671 - LIABILITY OF HOTELKEEPERS AND STEAMBOAT OWNERS › Section 671.7 - Nonliability — conveyance.

671.7 Nonliability — conveyance.
No keeper or owner of any hotel, inn or eating house shall be liable by reason of the keeper’s or owner’s liability or responsibility as innkeeper to any guest for the loss of or damage to the automobile or other conveyance of such guest left in any garage not personally owned and operated by such hotel, inn or eating house or the owner or keeper thereof.
[C31, 35, §1690-c1; C39, §1690.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §105.7]
C93, §671.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671 - LIABILITY OF HOTELKEEPERS AND STEAMBOAT OWNERS › Section 671.8 - Liability — conveyance.

671.8 Liability — conveyance.
The liability of the keeper or owner of any hotel, inn or eating house, for the loss of or damage to the conveyance of any guest or the personal property of such guest left in such conveyance, where said hotel, inn or eating house keeper, is the owner and operator of such garage, shall be that of a bailee for hire, except that such hotel, inn, rooming house or eating house keeper or owner shall not be liable to the guest in an amount in excess of fifty dollars for loss or damage to personal property left in the conveyance unless said guest shall have listed with said hotel, inn, rooming house or eating house, the personal property contained in said automobile or conveyance, at the time the same is left in said garage so owned by and operated by the said hotel, inn, rooming house or eating house.
[C31, 35, §1690-c2; C39, §1690.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §105.8]
C93, §671.8
Referred to in §671.9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671 - LIABILITY OF HOTELKEEPERS AND STEAMBOAT OWNERS › Section 671.9 - Liability during transit.

671.9 Liability during transit.
Except as provided in section 671.8 no keeper or owner of any hotel, inn, rooming house or eating house shall be liable for the loss of or damage to the personal property kept therein of any guest, while the said conveyance is in transit between the said hotel, inn, rooming house or eating house and any garage in which the same is temporarily stored, nor for any damage done by said conveyance while in transit, unless in said transit the same is being driven or operated by an employee or agent of the said hotel, inn, rooming house or eating house.
[C31, 35, §1690-c3; C39, §1690.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §105.9]
C93, §671.9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 671A - NEGLIGENT HIRING — LIMITATIONS ON LIABILITY › Section 671A.1 - Limitation on liability for negligently hiring an employee, agent, or independent contractor convicted of a public offense.

671A.1 Limitation on liability for negligently hiring an employee, agent, or independent contractor convicted of a public offense.
1. A cause of action shall not be brought against a private employer, general contractor, or premises owner for negligently hiring an employee, agent, or independent contractor, based solely on evidence that the employee, agent, or independent contractor has been convicted of a public offense as defined in section 701.2.
2. This chapter does not create a cause of action or expand an existing cause of action.
3. This chapter does not apply to employment of prisoners at prisons.
2019 Acts, ch 33, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 673 - DOMESTICATED ANIMAL ACTIVITIES › Section 673.2 - Liability.

673.2 Liability.
A person, including a domesticated animal professional, domesticated animal activity sponsor, the owner of the domesticated animal, or a person exhibiting the domesticated animal, is not liable for the damages, injury, or death suffered by a participant or spectator resulting from the inherent risks of a domesticated animal activity. This section shall not apply to the extent that the claim for damages, injury, or death is caused by any of the following:
1. An act committed intentionally, recklessly, or while under the influence of an alcoholic beverage or other drug or a combination of such substances which causes damages, injury, or death.
2. The use of equipment or tack used in the domesticated animal activity which the defendant provided to a participant, if the defendant knew or reasonably should have known that the equipment or tack was faulty or defective.
3. The failure to notify a participant of a dangerous latent condition on real property in which the defendant holds an interest, which is known or should have been known. The notice may be made by posting a clearly visible warning sign on the property.
4. A domesticated animal activity which occurs in a place designated or intended by an animal activity sponsor as a place for persons who are not participants to be present.
5. A domesticated animal activity which causes damages, injury, or death to a spectator who is in a place where a reasonable person who is alert to inherent risks of domesticated animal activities would not expect a domesticated animal activity to occur.
97 Acts, ch 61, §2