Alvarez-Victoriano v. City of Waterloo
Annotate this Case
The Supreme Court reversed the order of the district court dismissing with prejudice Plaintiff's petition asserting claims arising under the Iowa Municipal Tort Claims Act (IMTCA), holding that the district court erred in dismissing the case with prejudice after Plaintiff had already voluntarily dismissed his case without prejudice.
Iowa Code 670.4A sets forth a qualified immunity defense to and heightened pleading requirements for claims arising under the IMTCA. Plaintiff sued the City of Waterloo and one of its police officers, alleging that the officer shot him without justification. Defendants moved to dismiss the petition pursuant to section 670.4A. The day before a scheduled hearing on the motion Plaintiff dismissed his petition without prejudice. The district court granted Defendants' motion to set aside the dismissal with prejudice based on Plaintiff's alleged failure to meet the statutory pleading requirement. The Supreme Court reversed, holding that nothing in the language of section 670.4A required dismissal with prejudice.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.