Nahas v. Polk County
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The Supreme Court affirmed in part and reversed in part the order of the district court denying Polk County's motion to dismiss this tort action under Iowa Code 670.4A, a new provision of the Iowa Municipal Tort Claims Act, and Iowa R. Civ. P. 1.421, holding that only two of the four counts met the applicable pleading standards.
Plaintiff, a former County employee, brought this tort action against the County and members of the Polk County Board of Supervisors challenging his termination. In denying Defendants' motion to dismiss, the district court concluded that Iowa's recently-enacted qualified immunity provision did not apply retrospectively and that Plaintiff satisfied section 670.4A's new pleading requirement for qualified immunity defenses. The Supreme Court affirmed the district court's decision allowing counts one and four to proceed and reversed the district court with respect to the five remaining counts, holding (1) because the legislature did not expressly make subsection 670.4A(3) retrospective, it could not be applied in this case; and (2) of the petition's seven counts, only counts one and four met the applicable pleading standards and survived Defendants' motion to dismiss as a matter of law.
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