Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

1. Except as provided in section 614.8 , a claim or suit otherwise permitted under this chapter shall be forever barred, unless within two years after the claim accrued, the claim is made in writing and filed with the director of the department of management under this chapter . …

The provisions of this chapter shall not apply, with respect to any claim against the state, to: 1. Any claim based upon an act or omission of an employee of the state, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be …

1. Notwithstanding any other provision of law, an employee of the state subject to a claim brought under this chapter shall not be liable for monetary damages if any of the following apply: a. The right, privilege, or immunity secured by law was not clearly established at the tim…

The court rendering a judgment for a claimant under this chapter or the attorney general, making an award under section 669.3 or 669.9 , shall, as a part of the judgment or award, determine and allow reasonable attorney fees and expenses. The attorney fees and expenses shall be p…

From and after March 31, 1965, the authority of any state agency to sue or be sued in its own name shall not be construed to authorize suits against such state agency on claims as defined in this chapter . The remedies provided by this chapter in such cases shall be exclusive. [C…

Nothing contained in this chapter shall be deemed to repeal any provision of law authorizing any state agency to consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a claim as defined in this chapter . [C66, 71, 73, 75, 77, 79, 81, §25A.…

If a claim is made or a suit is begun under this chapter , and if a determination is made by the attorney general or by the court that the claim or suit is not permitted under this chapter for any reason other than lapse of time, the time to make a claim or to begin a suit under …

The attorney general shall fully investigate each claim under this chapter and may exercise the authority provided in section 25.5 in performing the investigation. [C66, 71, 73, 75, 77, 79, 81, §25A.19 ] 85 Acts, ch 67, §6 C93, §669.19 2006 Acts, ch 1185, §111

As used in this chapter , unless the context otherwise requires: 1. “Acting within the scope of the employee’s office or employment” means acting in the employee’s line of duty as an employee of the state. 2. “Award” means any amount determined by the attorney general to be payab…

If a claim or suit against the state is covered by liability insurance, the provisions of the liability insurance policy on defense and settlement shall be applicable notwithstanding any inconsistent provisions of this chapter . The attorney general shall cooperate with the insur…

1. Except as otherwise provided in subsection 2 , the state shall defend any employee, and shall indemnify and hold harmless an employee against any claim as defined in section 669.2, subsection 3 , paragraph “b” , including claims arising under the Constitution, statutes, or rul…

The state shall defend any employee, and shall indemnify and hold harmless an employee of the state in any action commenced in federal court under 42 U.S.C. §1983 against the employee for acts of the employee while acting in the scope of employment. The duty to indemnify and hold…

Employees of the state are not personally liable for any claim which is exempted under section 669.14 . 84 Acts, ch 1259, §4 C85, §25A.23 C93, §669.23

A person who performs services for the state government or any agency or subdivision of state government and who does not receive compensation is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, excep…

A person who performs services for a fair, as defined in section 174.1 , and is not a full-time employee of the fair is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, except for acts or omissions wh…

This chapter shall not be construed to be a waiver of sovereign immunity for a claim for money damages under the Constitution of the State of Iowa. 2021 Acts, ch 183, §13, 16

1. The attorney general, on behalf of the state of Iowa, shall consider, ascertain, adjust, compromise, settle, determine, and allow any claim that is subject to this chapter . 2. A claim made under this chapter shall be filed with the director of the department of management, wh…

1. The district court of the state of Iowa for the district in which the plaintiff is resident or in which the act or omission complained of occurred, or where the act or omission occurred outside of Iowa and the plaintiff is a nonresident, the Polk county district court has excl…

1. A suit shall not be permitted for a claim under this chapter unless the attorney general has made final disposition of the claim. However, if the attorney general does not make final disposition of a claim within six months after the claim is made in writing to the director of…

In suits under this chapter , the forms of process, writs, pleadings, and actions, and the practice and procedure, shall be in accordance with the rules of civil procedure. The same provisions for counterclaims, setoff, interest upon judgments, and payment of judgments, are appli…

Judgments in the district courts in suits under this chapter shall be subject to appeal to the supreme court of the state in the same manner and to the same extent as other judgments of the district courts. [C66, 71, 73, 75, 77, 79, 81, §25A.7 ] C93, §669.7

The final judgment in any suit under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the state or the employee of the state whose act or omission gave rise to the claim. However, this section shall not appl…

With a view to doing substantial justice, the attorney general is authorized to compromise or settle any suit permitted under this chapter , with the approval of the court in which suit is pending. [C66, 71, 73, 75, 77, 79, 81, §25A.9 ] C93, §669.9 Referred to in §669.2 , 669.15…