1. The governing body shall defend its officers and employees, whether elected or appointed and shall save harmless and indemnify the officers and employees against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their employment or duties. However, the duty to save harmless and indemnify does not apply to awards for punitive damages. The exception for punitive damages does not prohibit a governing body from purchasing insurance to protect its officers and employees from punitive damages. The duty to save harmless and indemnify does not apply and the municipality is entitled to restitution by an officer or\n\nTue Dec 09 21:57:33 2025 Iowa Code 2026, Chapter 670 (28, 0) §670.8, TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS 6\n\nemployee if, in an action commenced by the municipality against the officer or employee, it is determined that the conduct of the officer or employee upon which the tort claim or demand was based constituted a willful and wanton act or omission. Any independent or autonomous board or commission of a municipality having authority to disburse funds for a particular municipal function without approval of the governing body shall similarly defend, save harmless and indemnify its officers and employees against tort claims or demands.
2. The duties to defend and to save harmless and indemnify shall apply whether or not the municipality is a party to the action and shall include but not be limited to cases arising under 42 U.S.C. §1983.
3. In the event the officer or employee fails to cooperate in the defense against the claim or demand, the municipality shall have a right of indemnification against that officer or employee. [C71, 73, 75, 77, 79, 81, §613A.8; 82 Acts, ch 1018, §6] 83 Acts, ch 130, §1 C93, §670.8 2010 Acts, ch 1061, §80 Referred to in §256.16, 331.303, 670.5, 670.7, 670.9, 670.10 \n
Notes of Decisions
Joshua Venckus v. City of Iowa City, 930 N.W.2d 792 (Iowa 2019).
· cites it 4× “2 or section 670.8 or under common law shall commence an action therefor within two years after the alleged wrongful death, loss, or injury.”
Jane Doe v. New London Cmty. Sch. Dist., 848 N.W.2d 347 (Iowa 2014).
· cites it 8× “2 or section 670.8 or under common law shall commence an action therefor within six months, unless said person shall cause to be presented to the governing body of the municipality within sixty days after the alleged wrongful death, loss or injury a written notice stating the…”
Mcghee v. Pottawattamie Cnty., Ia, 475 F. Supp. 2d 862 (S.D. Iowa 2007).
· cites it 9× “McGhee’s Freestanding Indemnity Claims In Count 17 of McGhee’s Complaint, he asserts an indemnity claim against the City of Council Bluffs, alleging that the City is obligated to indemnify Larsen and Brown on all claims against them except for punitive damages, pursuant to Iowa…”
Fink v. Kitzman, 881 F. Supp. 1347 (N.D. Iowa 1995).
· cites it 6× “670 to modify that common law tort liability is Iowa Code § 670.8 (formerly § 613A.8). It provides that, although the governing body of municipalities must defend, “save harmless and indemnify” officers and employees against “any tort claim or demand,” that provision does not…”
Rucker v. Humboldt Cmty. Sch. Dist., 737 N.W.2d 292 (Iowa 2007).
· cites it 4× “2 or section 670.8 or under common law shall commence an action therefor within six months, unless said person shall cause to be presented to the governing body of the municipality within sixty days after the alleged wrongful death, loss or injury a written notice stating the…”
Perkins Ex Rel. Perkins v. Dallas Ctr.-Grimes Cmty. Sch. Dist., 727 N.W.2d 377 (Iowa 2007).
· cites it 4× “2 or section 670.8 or under common law shall commence an action therefor within six months, unless said person shall cause to be presented to the governing body of the municipality within sixty days after the alleged wrongful death, loss or injury a written notice stating the…”
Aguilera v. Wright Cnty., 50 F. Supp. 3d 1057 (N.D. Iowa 2014).
· cites it 8× “Aguilera asserts that his “direct” claims against Wright County are viable, because Wright County is obligated by Iowa Code § 670.8 to indemnify county officers, such *1068 as Poppen, TeKippe, and Simonson, for any tort claims or § 1983 claims.”
Erickson-Puttmann v. Gill, 212 F. Supp. 2d 960 (N.D. Iowa 2002).
· cites it 2× “Iowa Code Section 670.8 requires the County to defend its officers and employees against claims arising in the course of them employment.”
— Iowa Code § 670.8(1) — 2 cases
— Iowa Code § 670.8(2) — 2 cases
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