669.1 Citation and applicability. This chapter may be cited as the “Iowa Tort Claims Act”. Every provision of this chapter is applicable and of full force and effect notwithstanding any inconsistent provision of the Iowa administrative procedure Act, chapter 17A. [C66, 71, 73, 75, 77, 79, 81, §25A.1] C93, §669.1 2003 Acts, ch 44, §114
669.10 Award conclusive on state. 1. Any award made under this chapter and accepted by the claimant shall be final and conclusive on all officers of the state of Iowa, except when procured by means of fraud, notwithstanding any other provisions of law to the contrary. 2. The acceptance by the claimant of such award […]
669.11 Payment of award. Any award to a claimant under this chapter, and any judgment in favor of any claimant under this chapter, shall be paid promptly out of appropriations which have been made for that purpose, if any; but any such amount or part thereof which cannot be paid promptly from such appropriations shall […]
669.12 Report by director. The director of the department of management shall annually report to the general assembly all claims and judgments paid under this chapter. Such report shall include the name of each claimant, a statement of the amount claimed and the amount awarded, and a brief description of the claim. [C66, 71, 73, […]
669.13 Limitation of actions. 1. Except as provided in section 614.8, a claim or suit otherwise permitted under this chapter shall be forever barred, unless within two years after the claim accrued, the claim is made in writing and filed with the director of the department of management under this chapter. The time to begin […]
669.14 Exceptions. The provisions of this chapter shall not apply, with respect to any claim against the state, to: 1. Any claim based upon an act or omission of an employee of the state, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or […]
669.14A Qualified immunity. 1. Notwithstanding any other provision of law, an employee of the state subject to a claim brought under this chapter shall not be liable for monetary damages if any of the following apply: a. The right, privilege, or immunity secured by law was not clearly established at the time of the alleged […]
669.15 Attorney fees and expenses — penalty. The court rendering a judgment for a claimant under this chapter or the attorney general, making an award under section 669.3 or 669.9, shall, as a part of the judgment or award, determine and allow reasonable attorney fees and expenses. The attorney fees and expenses shall be paid […]
669.16 Remedies exclusive. From and after March 31, 1965, the authority of any state agency to sue or be sued in its own name shall not be construed to authorize suits against such state agency on claims as defined in this chapter. The remedies provided by this chapter in such cases shall be exclusive. [C66, […]
669.17 Adjustment of other claims. Nothing contained in this chapter shall be deemed to repeal any provision of law authorizing any state agency to consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a claim as defined in this chapter. [C66, 71, 73, 75, 77, 79, 81, §25A.17] C93, §669.17 2020 […]
669.18 Extension of time. If a claim is made or a suit is begun under this chapter, and if a determination is made by the attorney general or by the court that the claim or suit is not permitted under this chapter for any reason other than lapse of time, the time to make a […]
669.19 Investigation of claims. The attorney general shall fully investigate each claim under this chapter and may exercise the authority provided in section 25.5 in performing the investigation. [C66, 71, 73, 75, 77, 79, 81, §25A.19] 85 Acts, ch 67, §6 C93, §669.19 2006 Acts, ch 1185, §111
669.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Acting within the scope of the employee’s office or employment” means acting in the employee’s line of duty as an employee of the state. 2. “Award” means any amount determined by the attorney general to be payable to a claimant under section […]
669.20 Liability insurance. If a claim or suit against the state is covered by liability insurance, the provisions of the liability insurance policy on defense and settlement shall be applicable notwithstanding any inconsistent provisions of this chapter. The attorney general shall cooperate with the insurance company. [C66, 71, 73, 75, 77, 79, 81, §25A.20] C93, […]
669.21 Employees defended and indemnified. 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 […]
669.22 Actions in federal court. The state shall defend any employee, and shall indemnify and hold harmless an employee of the state in any action commenced in federal court under 42 U.S.C. §1983 against the employee for acts of the employee while acting in the scope of employment. The duty to indemnify and hold harmless […]
669.23 Employee liability. Employees of the state are not personally liable for any claim which is exempted under section 669.14. 84 Acts, ch 1259, §4 C85, §25A.23 C93, §669.23
669.24 State volunteers. A person who performs services for the state government or any agency or subdivision of state government and who does not receive compensation is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, except for acts or omissions […]
669.25 Liability. A person who performs services for a fair, as defined in section 174.1, and is not a full-time employee of the fair is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, except for acts or omissions which involve […]
669.26 Money damages — nonwaiver of rights. This chapter shall not be construed to be a waiver of sovereign immunity for a claim for money damages under the Constitution of the State of Iowa. 2021 Acts, ch 183, §13, 16 NEW section
