Iowa Supreme Court · No. 24-1133
Victoria Abrahamson, Hana Schroeder, Jody Schroeder, Terry Schroeder, Samantha Johnson, Bre Ahna Boggess f/k/a Bre Ahna Payne, Rebecca Bates, Tawni Hanson, Darby Jones, Hunter Miner, and the State of Iowa, ex rel. v. Benjamin Scheevel, individually and in his official capacity as Officer for the Estherville Police Department, Brent Shatto, individually and in his official capacity as Chief of the Estherville Police Department, City of Estherville, Iowa et. al.
Decided January 30, 2026 · appeal from Emmet County · Government
What the court decided
AI summary The plaintiffs sued a city and its police officers, but the defendants argued the lawsuit was filed too late under the legal time limit. The court of appeals determined that the plaintiffs did not follow the required two-year deadline and that no exceptions applied to extend that time. As a result, the higher court reversed the previous ruling and sent the case back to the lower court to be dismissed.1
Result: Decision of Court of Appeals Affirmed; District Court Ruling Reversed and Case Remanded
The court’s own summary
On interlocutory review, the defendants appealed the denial of their pre-answer motion to dismiss the plaintiffs’ claims arguing the two-year statute of limitations under the Iowa Municipal Tort Claims Act had passed. The court of appeals reversed, finding the district court erred in denying the motion to dismiss because no discovery rule applies and the plaintiffs did not bring suit within two years from the date of injury. The plaintiffs seek further review.
Holding: The plaintiffs seek further review of a court of appeals decision reversing a district court order denying dismissal of their action against a city and city police officers on statute of limitations grounds. Decision of Court of Appeals Affirmed; District Court Ruling Reversed and Case Remanded.
Judges
- Written by Justice Edward M. Mansfield
- Trial judge: Shayne L. Mayer, Emmet County
Iowa Code it cites
§522B.11§614.1§64.18§669.3§692.6§692.7
Each links to the bills that change that chapter.