Iowa Code

Iowa Code § 670.12 (2026)

Officers and employees — personal liability

✓ current as of July 2026
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All officers and employees of municipalities are not personally liable for claims which are exempted under section 670.4, except claims for punitive damages, and actions permitted under section 85.20. An officer or employee of a municipality is not liable for punitive damages as a result of acts in the performance of a duty, unless actual malice or willful, wanton and reckless misconduct is proven. [82 Acts, ch 1018, §1] C83, §613A.12 83 Acts, ch 130, §2; 86 Acts, ch 1211, §35 C93, §670.12

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Tue Dec 09 21:57:33 2025 Iowa Code 2026, Chapter 670 (28, 0) 7 TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS, §670.14

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Notes of Decisions
Cited in 22 cases (5 in the last 5 years), 1995–2025 · leading case: Kiesau v. Bantz, 686 N.W.2d 164 (Iowa 2004).
Kiesau v. Bantz, 686 N.W.2d 164 (Iowa 2004). · cites it 18× “§ 670.12. For purposes of Iowa Code section 670.”
Lynch v. Saddler, 656 N.W.2d 104 (Iowa 2003). · cites it 26× “Iowa Code § 670.12 . Section 670.12 states that municipal employees are immune to the extent a municipality would be immune under the same suit.”
Joshua Venckus v. City of Iowa City, 930 N.W.2d 792 (Iowa 2019). · cites it 4× “On the Godfrey claims against the city defendants, the district court stated that the punitive damages available in the IMTCA, see Iowa Code § 670.12 , rendered the Godfrey claims “unnecessary and duplicative.”
Kelley v. Story Cnty. Sheriff, 611 N.W.2d 475 (Iowa 2000). · cites it 12× “4(3) (municipality is immune from liability for any claim based upon an act of an officer exercising due care in the execution of a statute), and that the sheriff, as an officer and employee of Story county, was not liable due to section 670.12, which removes personal liability…”
Fink v. Kitzman, 881 F. Supp. 1347 (N.D. Iowa 1995). · cites it 8× “Iowa Code § 670.12 , however, does provide for Kitzman’s immunity from liability, albeit with certain exceptions: All officers and employees of municipalities are not personally liable for claims which are exempted under section 670.”
Seymour v. City of Des Moines, 519 F.3d 790 (8th Cir. 2008). · cites it 2× “After reviewing the parties' arguments, the district court's memorandum of law, and the Iowa Code, we conclude that the defendants were entitled to emergency response immunity under Iowa Code § 670.12 (which covers municipal employees) and § 670.”
City of West Branch v. Miller, 546 N.W.2d 598 (Iowa 1996). · cites it 4× “See Iowa Code § 670.12 (“All officers and employees of municipalities are not personally liable for claims which are exempted under section 670.”
Kulish v. Ellsworth, 566 N.W.2d 885 (Iowa 1997). · cites it 4× “4(11); (2) the alleged acts or omissions of the individual defendants Schriever, Smith, and Smutzler did not constitute “reckless misconduct” within the meaning of Iowa Code section 670.12; and (3) the county hospital and its ambulance service are “municipalities” within the…”
Fettkether v. City of Readlyn, 595 N.W.2d 807 (Iowa Ct. App. 1999). · cites it 4× “4(9), and the officials and employees were immune pursuant to section 670.12. Generally, Iowa Code section 670.”
Stych v. City of Muscatine, Ia, 655 F. Supp. 2d 928 (S.D. Iowa 2009). · cites it 2× “” Iowa Code § 670.12 extends the immunity under § 670.”
Avalos Ex Rel. Vasquez v. City of Glenwood, 269 F. Supp. 2d 1091 (S.D. Iowa 2003). · cites it 3× “Iowa Code § 670.12 attaches the same limitations of liability to municipal employees sued in their individual capacities.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.