The ruling from District Court Judge Michael Schilling
Schilling, in the ruling, said after a "plain, simple and unambiguous reading" of the Tort Claim Act section that applied to the case, the assault and battery claim "must be dismissed."That would be this section:
Chapter 669 of the Iowa Tort Claims Act gives citizens a road map of sorts by which they can sue the state. Attorneys for the state argued Howard cannot sue Wiegand and IDOT "because employees of governmental agencies acting within the scope of their employment and the individual state agencies are immune from suit" under that section.Because of this ruling, it is now within the "scope of their employment" for state employees to beat the crap out of citizens.
Under the Tort Act, a suit cannot be filed against the state if it is based on "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."
So everyone, please be careful in our state. It seems that some people have immunity and they can get away with battery.
Read more at S.D. trucker's IDOT suit dismissed