670.4A Qualified immunity.
1. Notwithstanding any other provision of law, an employee or officer 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. A municipality shall not be liable for any claim brought under this chapter where the employee or officer 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, ยง14, 16
NEW section
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 670 - TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS
Section 670.2 - Liability imposed.
Section 670.3 - Actual knowledge of defect as defense.
Section 670.4 - Claims exempted.
Section 670.4A - Qualified immunity.
Section 670.5 - Limitation of actions.
Section 670.6 - Death โ claim presented by another.
Section 670.8 - Officers and employees defended.
Section 670.9 - Compromise and settlement.
Section 670.10 - Tax to pay judgment or settlement.
Section 670.11 - Claims not retrospective.
Section 670.12 - Officers and employees โ personal liability.