Patty A. Thorington, individually and as administrator of the Estate of Robert Ronald Mitchell, v. Scott County, Iowa and Greg Hill

The district court granted summary judgment to defendants on plaintiff’s claims for assault, battery, and wrongful use of deadly force based on the statutory emergency response immunity found in Iowa Code section 670.4(1)(k). The plaintiff appeals, arguing: 1) emergency response immunity does not apply because the traffic stop was not an emergency response; 2) emergency response immunity does not apply to assault and battery claims brought against municipal law enforcement officers; 3) Iowa Code sections 704.12, 704.13, and 804.8 are express statutes dealing with unlawful use of deadly force that govern liability for the defendants’ emergency response; and 4) plaintiff has a vested due process right in her claim under article I, section 8 of the Iowa Constitution.