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1. CONSTITUTIONAL TORTS — STATE BIVENS EQUIVALENTS — IOWA SUPREME COURT REFUSES TO RECOGNIZE IMPLIED CAUSES OF ACTION FOR DAMAGES UNDER STATE CONSTITUTION. — Burnett v. Smith, 990 N.W.2d 289 (Iowa 2023).

Subjects
*DAMAGES (Law), *CONSTITUTIONAL torts, *LEGAL judgments
Abstract

The article discusses the court case Burnett v. Smith in which the Iowa Supreme Court declined to recognize an independent clause of action for money damages under its constitution and overruled a related case. It describes the details of the case filed by garbage truck driver Cory Burnett against Iowa Department of Transportation officer Philip Smith. It examines the court's observation that the Iowa judiciary of the mid-19th century did not recognize direct constitutional claims for damages.

Published
2024

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