Iowa

TexasTowelie

(116,809 posts) Tue Jan 5, 2021, 02:34 AM Jan 2021

Iowa Supreme Court limits damages in excessive force cases

IOWA CITY — The Iowa Supreme Court on Thursday severely limited the financial damages that can be awarded for injuries and deaths caused by state police officers who are found to have used excessive force.

The court ruled 6-1 that punitive damages, which are intended to punish and deter future misconduct, are not available in cases in which officers use excessive force in violation of constitutional rights.

Justice Edward Mansfield wrote for the majority that compensatory damages for victims, including for emotional distress and attorney fees, would still be available and offer “an adequate remedy.”

The court ruled that lawsuits brought by injured individuals and the families of those killed by state police are subject to limits in the Iowa Tort Claims Act, which governs claims against state employees.

Read more: https://wcfcourier.com/news/local/iowa-supreme-court-limits-damages-in-excessive-force-cases/article_e53b10ff-d258-5263-beed-3b2b4d425f1b.html
(The Courier--Waterloo, Cedar Falls)

A terrible decision by the court.

2 replies

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Iowa Supreme Court limits damages in excessive force cases (Original Post) TexasTowelie Jan 2021 OP

'punitive damages, which are intended to punish and deter future misconduct, are not available elleng Jan 2021 #1

I don't know the attitude of jurors in Iowa, TexasTowelie Jan 2021 #2

elleng

(136,083 posts)

1. 'punitive damages, which are intended to punish and deter future misconduct, are not available

Reply to TexasTowelie (Original post)

Tue Jan 5, 2021, 02:40 AM

Jan 2021

in cases in which officers use excessive force in violation of constitutional rights.'

TexasTowelie

(116,809 posts)

2. I don't know the attitude of jurors in Iowa,

Reply to elleng (Reply #1)

Tue Jan 5, 2021, 02:57 AM

Jan 2021

but if they are anything similar to what they are in Texas, then jurors are extremely reluctant to grant awards for noneconomic damages. If the attorneys for plaintiffs can only reasonably expect to collect on the economic damages of a tort case, then a lot of cases will not proceed to trial which is an injustice.

I do realize that there should be some limits on court awards so that local governments and taxpayers aren't overwhelmed, but in my opinion punitive damages should always remain on the table even if they are capped.

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