Lisa Boggess, as administrator of the Estate of Brent Boggess, and as next friend to minors Z.B. and J.B., Drake L. Boggess, individually, and Kim Buttshaw, individually v. City of Waterloo and Kenneth Schaff

Waterloo Police Officer Kenneth Schaff shot and killed Brent Boggess while officers attempted to apprehend him after a failed traffic stop. Mr. Boggess’s estate and several individuals (collectively, “the Estate”) sued Officer Schaaf and the City of Waterloo (“Schaaf”). Schaaf removed the suit to federal district court, which partially dismissed the Estate’s claims because it found Schaaf had not violated clearly established law and Officer Schaaf individually was protected by qualified immunity under 42 U.S.C. section 1983 (Civil action for deprivation of rights). However, it declined to exercise supplemental jurisdiction and remanded to the Iowa district court for the resolution of state common law claims of assault, battery, and wrongful use of deadly force. The district court granted Schaaf’s motion for summary judgment. On appeal, the Estate argues: (1) the district court erred by apply issue preclusion because the federal district court expressly disclaimed its decision resolved the state claims; (2) Schaaf is not entitled to qualified immunity for common law assault or battery claims, and Iowa Code section 670.4A is unconstitutional if applied to such claims; and (3) Officer Schaaf is personally liable for violating provisions of Iowa Code chapters 704 and 804, which concern officers’ use of force.

Holding: The plaintiffs appeal from the district court’s summary judgment applying the statutory immunity in Iowa Code § 670.4A to dismiss their common law tort claims arising from a fatal police shooting. Reversed and Case Remanded.