This is the letter I received when the case was dismissed against Kayla Fuegen by the Attorney General of Iowa Section 669.14.(4), commonly referred to as intentional tort exceptions, indicates that the States waiver of sovereign immunity does not apply to any claim arising out of assault”, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights, This is a list of excluded claims. Minor v.State,819 n.w.2d 383,406 (Iowa 2012). Where the basis of a plaintiffs’ claim is one of the causes of action on this list, or its equivalent, the government official is immune. Id. Ms. is immune against the claims for slander and libel as they are explicitly on the list of excluded claims. She is also immune to allegations of physical and mental abuse, which are not torts, but appear to be functional equivalent of assault. She is also immune to the claims of obtaining false information and breech of verbal contract as they are the equivalent of misrepresentation or deceit. See generally, Minor v State,819 N W2d at 407-408(Characterizing a mother’s claim that a social worker gathered and presented false information against her as a claim of misrepresentation or deceit). RESPECTFULLY SUBMITTED BY THOMAS J MILLER ATTORNEY GENERAL SIGNED BY: CHARLES K PHILLIPS-AT0006250 HOOVER BUILDING, SECOND FLOOR-1305 East Walnut Street- DesMoines, Iowa 50319 Phone (515)281-8330
Posted on: Mon, 13 Oct 2014 11:04:57 +0000
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