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5 Iowa opinions name it 2 courts 2003–2022 1 in the last five years
The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Goodman v. City of Le Clairegreen2 sentences2004See Goodman v. City of Le Claire, 587 N.W.2d 232, 238-39 (Iowa 1998) (rejecting our prior planning/operational test in favor of the Berkovitz test). 2004See Goodman v. City of Le Claire, 587 N.W.2d 232, 238-39 (Iowa 1998) (rejecting our prior planning/operational test in favor of the Berkovitz test). | 2 | 2 |
Berkovitz v. United Statesgreen2 sentences2022Id. (citing Berkovitz v. United States, 486 U.S. 531 , 536–37 (1988)). 2022Id. (citing Berkovitz v. United States, 486 U.S. 531 , 536–37 (1988)). | 1 | 3 |
Madden v. City of Eldridgegreen2 sentences2022Iowa Code § 670.1 (2).4 “The general rule is clear; liability is the rule and immunity the exception.” Madden v. City of Eldridge, 661 N.W.2d 134, 138 (Iowa 2003). “[W]e will narrowly construe the discretionary function exception” and immunity is available only if the two-part Berkovitz test is satisfied. 2022Iowa Code § 670.1 (2).4 “The general rule is clear; liability is the rule and immunity the exception.” Madden v. City of Eldridge, 661 N.W.2d 134, 138 (Iowa 2003). “[W]e will narrowly construe the discretionary function exception” and immunity is available only if the two-part Berkovitz test is satisfied. | 1 | 1 |
United States v. Gaubertgreen2 sentences2011Id. at 323, 111 S.Ct. at 1274 , 113 L.Ed.2d at 347 . 2011Id. at 323, 111 S.Ct. at 1274 , 113 L.Ed.2d at 347 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Shelton v. State
green
2 sentences2004We applied the Berkovitz test in Shelton v. State, 644 N.W.2d 27 (Iowa 2002), a case heavily relied on by the district court, the court of appeals, and the City of Dubuque, because, as a case arising out of a hiking injury in a state park, it is closely analo *73 gous on its facts. 2004We applied the Berkovitz test in Shelton v. State, 644 N.W.2d 27 (Iowa 2002), a case heavily relied on by the district court, the court of appeals, and the City of Dubuque, because, as a case arising out of a hiking injury in a state park, it is closely analo *73 gous on its facts. | 1 | 2004–2004 |
Messerschmidt v. City of Sioux City
green
2 sentences2004In Messerschmidt v. City of Sioux City, 654 N.W.2d 879 (Iowa 2002), we held the defense was not established because the city failed to establish the second element of the Berkovitz test. 2004In Messerschmidt v. City of Sioux City, 654 N.W.2d 879 (Iowa 2002), we held the defense was not established because the city failed to establish the second element of the Berkovitz test. | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.