Iowa Code
Iowa Code § 670.12 (2026)
Officers and employees — personal liability
✓ Iowa Code 2026 (laws through the 2025 session)
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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
\nTue Dec 09 21:57:33 2025 Iowa Code 2026, Chapter 670 (28, 0) 7 TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS, §670.14
\nNotes 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). “§ 670.12. For purposes of Iowa Code section 670.”
Lynch v. Saddler, 656 N.W.2d 104 (Iowa 2003). “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 N. Thomas v. Officers Tim Gavin, 838 N.W.2d 518 (Iowa 2013). “” Iowa Code § 670.12 . This provision essentially dates from 1982.”
Joshua Venckus v. City of Iowa City, 930 N.W.2d 792 (Iowa 2019). “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). “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). “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). “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). “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). “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). “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). “” 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). “Iowa Code § 670.12 attaches the same limitations of liability to municipal employees sued in their individual capacities.”
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