After originally filing a petition to commence the lawsuit on February 8, on July 23 I filed this much more in-depthAmended Petition. On July 26 the State filed a this motion to dismiss, and on August 5 I filed this resistance.
Within the resistance, on pages 13-18, I challenged the constitutionality of various parts of theIowa Tort Claims Act(“ITCA”). The ITCA allows Iowa Citizens to sue the State of Iowa if the state (or state employee) causes an injury to its Citizen(s). In law, an “injury” can be aphysical injuryor aninjury to a person’s rights. The ITCA sets forth, “The state shall beliable in respect to suchclaimsto the sameclaimants, in the same manner, and to the same extent as a private individual under like circumstances.” The parts of the ITCA I challenged as unconstitutional are found inIowa Code §669.14, a section which prevents Citizens from suing for injuries caused by government officials who harm Citizens in the following manners:
violating rights via enforcing invalid (e.g. unconstitutional or abusive) statutes or regulations; abuse of discretion by government employees or agencies; assault; battery;false imprisonment; false arrest; malicious prosecution; abuse of process; libel; slander; misrepresentation; deceit; interference with contract rights; detention of any goods or merchandise by any law enforcement officer; any claim filed by an inmate.
Here is an excerpt from of my filing – the unconstitutional provisions indicated in red, and my commentary in the footnotes:
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