Iowa Code » Chapter 669 — STATE TORT CLAIMS
Iowa Code

Iowa Code § 669.21 (2026)

Employees defended and indemnified

✓ Iowa Code 2026 (laws through the 2025 session)
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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 rules of the United States or of any state.

2. a. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigation or defense of the claim, as defined in this section, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which a tort claim or demand was based constituted a willful and wanton act or omission or malfeasance in office.

b. The duty to indemnify and hold harmless shall not apply if, in a suit commenced against the employee, the state has been substituted as the defendant in place of the employee, as provided in section 669.5. [C77, 79, 81, §25A.21] 84 Acts, ch 1259, §2 C93, §669.21 98 Acts, ch 1086, §2; 2006 Acts, ch 1185, §113 Referred to in §29C.8, 135.24, 135.143, 163.3A, 231E.12 \n

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1994–2024 · leading case: Amended August 20 v. State of Iowa Terry Branstad, 847 N.W.2d 578 (Iowa 2014).
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Amended August 20 v. State of Iowa Terry Branstad, 847 N.W.2d 578 (Iowa 2014). · cites it 33× “Iowa Code § 669.21 . Moreover, we have previously held “[t]he duty to defend is broader than the duty to indemnify.”
Gregory Baldwin v. City of Estherville, 915 N.W.2d 259 (Iowa 2018). · cites it 12× “Iowa Code § 669.21 . Likewise, section 670.”
Hook v. Lippolt, 755 N.W.2d 514 (Iowa 2008). · cites it 10× “Iowa Code § 669.21 . Chapter 669 contains two immunity provisions, one covering all employees and one applicable to volunteers.”
Shannon & Danny NELSON v. Lynn M. LINDAMAN, 867 N.W.2d 1 (Iowa 2015). · cites it 2× “§ 669.21 (requiring indemnification for tort claims against state employee unless the claim was based on “a willful and wanton act or omission or malfeasance in office”).”
Griffen v. State, 767 N.W.2d 633 (Iowa 2009). · cites it 6× “” Iowa Code § 669.21 . This section, which simply requires the state to defend and indemnify an employee named in a suit for acts or omissions during the scope of his or her employment, is not meant to be a limitation on the waiver of sovereign immunity or the scope of the…”
Joshua N. Thomas v. Officers Tim Gavin, 838 N.W.2d 518 (Iowa 2013). · cites it 2× “For example, what if a local law enforcement officer is responding to an ordinance violation and investigating a possible violation of state criminal law at the same time? And who pays the bill or provides the defense when a local official enforcing state law is sued — the state…”
Iowa Beta Chapter of Phi Delta Theta Fraternity v. State, Univ. of Iowa, 763 N.W.2d 250 (Iowa 2009). · cites it 2× “Iowa Code § 669.21 . In the brief where Jones raised this issue, his counsel, an assistant attorney general, stated “[t]he Attorney General certifies Defendant Philip Jones was an employee of the state acting with the scope of his office and employment at the time of the…”
Casey Mcgill Ginger L. Mcgill Ashlea D. Mcgill v. Ben Fish, 790 N.W.2d 113 (Iowa 2010). “§ 669.21. Lawsuits against the state were first authorized in 1965 when the legislature waived its sovereign immunity by enacting the Iowa Tort Claims Act.”
Van Pilsum v. Iowa State Univ. of Sci. & Tech., 863 F. Supp. 935 (S.D. Iowa 1994). · cites it 2× “Iowa Code § 669.21 provides: The state shall defend any employee, and shall indemnify and hold harmless an employee against any claim as defined in section 669.”
Krystal Wagner v. State of Iowa & William L. Spece, 952 N.W.2d 843 (Iowa 2020). · cites it 10× “4 4Iowa Code section 669.21 confirms that constitutional tort claims against state employees fall within section 669.”
Christopher J. Godfrey v. State of Iowa Terry Branstad, No. 12–2120 (Iowa June 6, 2014). · cites it 16× “Iowa Code § 669.21 . Moreover, we have previously held “[t]he duty to defend is broader than the duty to indemnify.”
Donald Lyle Clark v. State of Iowa, 7 N.W.3d 740 (Iowa 2024). · cites it 6× “See Iowa Code § 669.21 (2)(b) (“The duty to indemnify and hold harmless shall not apply if, in a suit commenced against the employee, the state has been substituted as the defendant in place of the employee, as provided in section 669.”
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Iowa Code § 669.21(1): 2 cases
Krystal Wagner v. State of Iowa & William L. Spece, 952 N.W.2d 843 (Iowa 2020). “4 4Iowa Code section 669.21 confirms that constitutional tort claims against state employees fall within section 669.”
Donald Lyle Clark v. State of Iowa, 7 N.W.3d 740 (Iowa 2024). “See Iowa Code § 669.21 (2)(b) (“The duty to indemnify and hold harmless shall not apply if, in a suit commenced against the employee, the state has been substituted as the defendant in place of the employee, as provided in section 669.”
Iowa Code § 669.21(2)(a): 1 case
Donald Lyle Clark v. State of Iowa, 7 N.W.3d 740 (Iowa 2024). “See Iowa Code § 669.21 (2)(b) (“The duty to indemnify and hold harmless shall not apply if, in a suit commenced against the employee, the state has been substituted as the defendant in place of the employee, as provided in section 669.”
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