The Iowa Supreme Court has ruled that two City of Davenport employees are not protected under qualified immunity in a lawsuit connected to the collapse of The Davenport apartment building in May 2023.
The decision, issued on November 7, rejected the City of Davenport’s appeal to dismiss the case under the Iowa Municipal Tort Claims Act’s qualified immunity provisions. Justices Waterman and Mansfield did not participate in the ruling.
The City and two employees, Trishna Pradhan and Richard Oswald, had argued that the lawsuit failed to meet the Act’s “heightened pleading requirements,” claiming it didn’t show a plausible violation of clearly established law under §670.4A(3). They also cited the public-duty doctrine, which generally shields government entities from liability when the duty breached is owed to the public at large rather than an individual.
The plaintiffs countered that §670.4A did not apply to common law tort claims like negligence and nuisance. Even if it did, they argued their petition met the necessary requirements and that the public-duty doctrine did not apply.
Justice McDermott, writing for the court, stated that the appeal centered only on whether the district court correctly denied immunity under §670.4A—not on the public-duty doctrine itself. The defendants had argued that qualified immunity should apply to negligence claims based on a plain reading of the statute.
However, the plaintiffs contended that §670.4A’s language—“deprivation of a right, privilege, or immunity secured by law”—was modeled after federal civil rights law (42 U.S.C. §1983) and was meant only for constitutional or statutory violations, not common law claims.
The court agreed with the plaintiffs, ruling that qualified immunity under §670.4A does not apply to common law tort claims. As a result, the appeal was dismissed, allowing the lawsuit to proceed.
Following the decision, Andrew M. Stroth, attorney for plaintiffs Peach and Lexus Berry, expressed relief and optimism.
“I just got off the phone with Peach and Lexus Berry, and they are ecstatic,” Stroth said. “We knew from the beginning that the City of Davenport should be held responsible and accountable for the tragedy that happened at 324 Main Street. Peach and Lexus are grateful their case will continue to move forward.”
Peach Berry, who lost her leg in the collapse, continues rehabilitation in Chicago. Stroth added that the plaintiffs hope to reach a resolution with the city but are prepared to go to trial if necessary.
“The taxpayers of Davenport will be responsible for what could be an atomic, nuclear verdict,” Stroth said. “This was a horrific and foreseeable tragedy, and the City of Davenport will ultimately be held accountable—not only for Peach and Lexus, but also for the families who lost loved ones and others who were injured or displaced.”
Representatives from the law firm Lane & Waterman, which is defending the city, declined to comment on the ruling.
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