Benjamin Fogle and Amanda Fogle v. Clay Elementary School-Southeast Polk Community…

Summary

The Iowa Supreme Court held that the plaintiffs' ICRA claims are not "brought under" the Iowa Municipal Tort Claims Act (IMTCA) and therefore are not subject to the qualified‑immunity pleading requirements of Iowa Code §670.4A. It also held that the common‑law tort claims are not subject to the heightened pleading standard, and because §670.4A does not apply, the defendants lacked a statutory right of appeal, so the appeal was dismissed and the case remanded.