669.14A Qualified immunity.
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 time of the alleged deprivation, or at the time of the alleged deprivation the state of the law was not sufficiently clear that every reasonable employee would have understood that the conduct alleged constituted a violation of law.
b. A court of competent jurisdiction has issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the law.
2. The state or a state agency shall not be liable for any claim brought under this chapter where the employee was determined to be protected by qualified immunity under subsection 1.
3. A plaintiff who brings a claim under this chapter alleging a violation of the law must state with particularity the circumstances constituting the violation and that the law was clearly established at the time of the alleged violation. Failure to plead a plausible violation or failure to plead that the law was clearly established at the time of the alleged violation shall result in dismissal with prejudice.
4. Any decision by the district court denying qualified immunity shall be immediately appealable.
5. This section shall apply in addition to any other statutory or common law immunity.
2021 Acts, ch 183, §12, 16
NEW section
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 669 - STATE TORT CLAIMS
Section 669.1 - Citation and applicability.
Section 669.3 - Adjustment and settlement of claims.
Section 669.4 - District court to hold hearings.
Section 669.5 - When suit permitted — employees of the state.
Section 669.6 - Applicable rules.
Section 669.8 - Judgment as bar.
Section 669.9 - Compromise and settlement.
Section 669.10 - Award conclusive on state.
Section 669.11 - Payment of award.
Section 669.12 - Report by director.
Section 669.13 - Limitation of actions.
Section 669.14A - Qualified immunity.
Section 669.15 - Attorney fees and expenses — penalty.
Section 669.16 - Remedies exclusive.
Section 669.17 - Adjustment of other claims.
Section 669.18 - Extension of time.
Section 669.19 - Investigation of claims.
Section 669.20 - Liability insurance.
Section 669.21 - Employees defended and indemnified.
Section 669.22 - Actions in federal court.
Section 669.23 - Employee liability.