protection doctrine in Iowa

1997Id. at 34 .

1986In making this determination, the Court set forth and discussed two factors helpful in determining whether the government employee falls within the protection of the exception: (1) the nature of the conduct, rather than the status of the actor; and (2) whether the government was acting in its role as regulator of the conduct of private individuals. 467 U.S. at 813-14 , 104 S.Ct. at 2765 , 81 L.Ed.2d at 674 .

1986In making this determination, the Court set forth and discussed two factors helpful in determining whether the government employee falls within the protection of the exception: (1) the nature of the conduct, rather than the status of the actor; and (2) whether the government was acting in its role as regulator of the conduct of private individuals. 467 U.S. at 813-14 , 104 S.Ct. at 2765 , 81 L.Ed.2d at 674 .

1985We reiterate the standard adopted in Ashmead that the determinative issue is whether the primary motivating purpose for the creation of the materials in question was to prepare for litigation. 336 N.W.2d at 201 .

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1973Judicial immunity has been extended in the following cases: Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959) (Acting director of Office of Rent Stabilization — malicious defamation) ; Howard v. Lyons, 360 U.S. 593 , 79 S.Ct. 1331 , 3 L.Ed.2d 1454 (1959) (Commander, Boston Navy Yard — defamation) ; Ove Gustavsson Construction Co. v. Floete, 299 F.2d 655 (2d Cir. 1962), cert. den., 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (Contracting Officer of General Services Administration); Blitz v. Boog, 328 F.2d 596 (2d Cir. 1964) (Government psychiatrist — false imprisonment) ;

1971In support of this position he relies on Miranda v. State of Arizona, 384 U.S. at 461-469 , 86 S.Ct. at 1621-1625 , 16 L.Ed.2d at 716-720 , where the Court said the right to have counsel present at the interrogation is indispensable to the protection of the privilege granted by Amendment 5.

1971In support of this position he relies on Miranda v. State of Arizona, 384 U.S. at 461-469 , 86 S.Ct. at 1621-1625 , 16 L.Ed.2d at 716-720 , where the Court said the right to have counsel present at the interrogation is indispensable to the protection of the privilege granted by Amendment 5.

1970Miller Hospital, Inc., 253 Minn. 418 , 92 N.W.2d 96, 102 , 103: “Nor do we believe there is sufficient reason for holding, as we did in Smith v. Mann, [ 184 Minn. 485 , 239 N.W. 223 ], supra, that parol evidence is not admissible to show the true nature and extent of the release, particularly in light of the fact that the subsequent joint tortfeasors in this instance, who might claim the protection of the rule, are neither parties to the release nor are they named in it. ‘The refusal to let such third parties hide behind the parol evidence rule, when the documentary “release” was not in fact i

1970Miller Hospital, Inc., 253 Minn. 418 , 92 N.W.2d 96, 102 , 103: “Nor do we believe there is sufficient reason for holding, as we did in Smith v. Mann, [ 184 Minn. 485 , 239 N.W. 223 ], supra, that parol evidence is not admissible to show the true nature and extent of the release, particularly in light of the fact that the subsequent joint tortfeasors in this instance, who might claim the protection of the rule, are neither parties to the release nor are they named in it. ‘The refusal to let such third parties hide behind the parol evidence rule, when the documentary “release” was not in fact i

1970Miller Hospital, Inc., 253 Minn. 418 , 92 N.W.2d 96, 102 , 103: “Nor do we believe there is sufficient reason for holding, as we did in Smith v. Mann, [ 184 Minn. 485 , 239 N.W. 223 ], supra, that parol evidence is not admissible to show the true nature and extent of the release, particularly in light of the fact that the subsequent joint tortfeasors in this instance, who might claim the protection of the rule, are neither parties to the release nor are they named in it. ‘The refusal to let such third parties hide behind the parol evidence rule, when the documentary “release” was not in fact i

1970Miller Hospital, Inc., 253 Minn. 418 , 92 N.W.2d 96, 102 , 103: “Nor do we believe there is sufficient reason for holding, as we did in Smith v. Mann, [ 184 Minn. 485 , 239 N.W. 223 ], supra, that parol evidence is not admissible to show the true nature and extent of the release, particularly in light of the fact that the subsequent joint tortfeasors in this instance, who might claim the protection of the rule, are neither parties to the release nor are they named in it. ‘The refusal to let such third parties hide behind the parol evidence rule, when the documentary “release” was not in fact i

1961The case of Markworth v. State Savings Bank of Woden, 212 Iowa 954 , 237 N.W. 471 , is cited and quoted by appellants.

1961The case of Markworth v. State Savings Bank of Woden, 212 Iowa 954 , 237 N.W. 471 , is cited and quoted by appellants.

1953Co., supra, 93 Colo. 581, 586 , 27 P.2d 749, 751 , 92 A. L.

1953Co., supra, 93 Colo. 581, 586 , 27 P.2d 749, 751 , 92 A. L.

1941Thus it cannot be that words spoken by husband to wife, or vice versa, in the presence and hearing of one or more third persons, and hence in the very nature of things not to be construed as in any marital sense private or confidential, must be held within the protection of the privilege, although clearly within the letter of the statute.” The foregoing pronouncement appears to have been adhered to by this court in the case of Stutzman v. People’s Trust & Savings Bk., 205 Iowa 379, 381 , 218 N. W. 39 .

1941Thus it cannot be that words spoken by husband to wife, or vice versa, in the presence and hearing of one or more third persons, and hence in the very nature of things not to be construed as in any marital sense private or confidential, must be held within the protection of the privilege, although clearly within the letter of the statute.” The foregoing pronouncement appears to have been adhered to by this court in the case of Stutzman v. People’s Trust & Savings Bk., 205 Iowa 379, 381 , 218 N. W. 39 .

1922Fleagle v. Downing, 183 Iowa 1300, 1304 .

1922In Fleagle v. Downing, supra, we said: “Where the charge is, on its face, slanderous or libelous, where, on its face, it imputes to one the commission of a public offense, anyone who hides behind any privilege given to him by law must allege and prove the facts and circumstances that bring him within the protection of the privilege.” Where facts and circumstances showing qualified privilege are established, the plaintiff may still recover, if express malice is shown by him.