Polly Carver-Kimm v. Kim Reynolds, Pat Garrett, and State of Iowa and Gerd Clabaugh, Sarah Reisetter, And Susan Dixon

Defendants, the governor, her communications director and the State of Iowa, appeal from a district court order denying their motion to dismiss plaintiff’s claims for statutory and common law wrongful discharge. They contend dismissal was appropriate because: (1) the governor and her staff member lacked authority to discharge plaintiff, who was an employee of the Iowa Department of Public Health; (2) they are protected from the common law wrongful discharge claim by the qualified immunity set forth in Iowa Code section 669.14A; and (3) Iowa Code chapter 22 does not establish any clearly defined and well-recognized public policy sufficient to support plaintiff’s common law wrongful discharge claim and plaintiff’s termination did not undermine such a policy.

Holding: The appellants appeal the district court’s denial of their motion to dismiss statutory and common law wrongful discharge claims brought by a former state agency employee. AFFIRMED IN PART, REVERSED IN PART, AND RE- MANDED.