Geri L. White v. Michael Harkrider, City of Iowa City, Chris Wisman, and Johnson County

CourtSupreme Court of Iowa
DecidedMay 12, 2023
Docket21-1992
StatusPublished

This text of Geri L. White v. Michael Harkrider, City of Iowa City, Chris Wisman, and Johnson County (Geri L. White v. Michael Harkrider, City of Iowa City, Chris Wisman, and Johnson County) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geri L. White v. Michael Harkrider, City of Iowa City, Chris Wisman, and Johnson County, (iowa 2023).

Opinion

IN THE SUPREME COURT OF IOWA

No. 21–1992

Submitted December 15, 2022—Filed May 12, 2023

GERI L. WHITE,

Appellant,

vs.

MICHAEL HARKRIDER, CITY OF IOWA CITY, CHRIS WISMAN, and JOHNSON COUNTY,

Appellees.

Appeal from the Iowa District Court for Johnson County, Chad Kepros,

Judge.

Interlocutory appeal and cross-appeal challenging a ruling on a motion to

dismiss state constitutional tort claims and common law claims arising out of a

warrantless arrest of the plaintiff’s spouse. AFFIRMED IN PART, REVERSED

IN PART, AND REMANDED.

McDonald, J., delivered the opinion of the court, in which Waterman,

Mansfield, and Oxley, JJ., joined. McDermott, J., filed an opinion concurring in

part and dissenting in part, in which Christensen, C.J., joined. May, J., took no

part in the consideration or decision of the case.

Martin A. Diaz (argued), Swisher, for appellant. 2

Elizabeth J. Craig (argued) and Jennifer L. Schwickerath, Assistant City

Attorneys, Iowa City, Wilford H. Stone and Daniel M. Morgan of Lynch Dallas,

PC, Cedar Rapids, for appellees.

Jessica A. Zupp of Zupp and Zupp Law Firm, P.C., Denison, for amicus

curiae Iowa Association for Justice.

Aaron W. Ahrendson, Assistant County Attorney, Carroll, for amici curiae

Iowa County Attorney’s Association and Iowa State Association of Counties.

Jason C. Palmer and Benjamin J. Kenkel of Bradshaw, Fowler, Proctor &

Fairgrave, P.C., Des Moines, for amicus curiae Iowa League of Cities.

Brenna Bird, Attorney General, Samuel P. Langholz, Assistant Solicitor

General, and Tessa M. Register, Assistant Attorney General, for amicus curiae

State of Iowa. 3

McDONALD, Justice.

Geri White filed this civil suit against certain law enforcement officials and

their employers arising out of the warrantless arrest of her spouse at their

residence. She asserted state constitutional tort claims as well as common law

claims for intentional infliction of emotional distress, trespass, and assault. The

district court granted the defendants’ motion to dismiss the state constitutional

tort claims but denied their motion to dismiss the common law claims. We

granted the plaintiff’s application and the defendants’ cross-application for

interlocutory appeal. For the reasons expressed below, we affirm in part, reverse

in part, and remand this matter to the district court for further proceedings.

I.

We review a district court’s ruling on a motion to dismiss for the correction

of legal error. Meade v. Christie, 974 N.W.2d 770, 774–75 (Iowa 2022). “A motion

to dismiss challenges a petition’s legal sufficiency.” Id. at 775. In reviewing a

ruling on a motion to dismiss, we “accept[] the facts alleged in the petition as

true and view[] the allegations in the light most favorable to the plaintiff.” Id.

(citations omitted). Generally, “[m]otions to dismiss are disfavored.” Benskin,

Inc. v. W. Bank, 952 N.W.2d 292, 296 (Iowa 2020). A party is entitled to dismissal

only if the petition shows the claim or claims are legally deficient and the plaintiff

has no right of recovery as a matter of law. Meade, 974 N.W.2d at 775.

II.

On the evening of June 1, 2019, Deputy Sheriff Chris Wisman, of the

Johnson County Sheriff’s Office, and Officer Michael Harkrider, of the Iowa City 4

Police Department, were involved in the investigation of a single-car accident in

which the driver drove away from the scene. At the scene of the accident, Officer

Wisman noted a beer can on the road and unused rifle ammunition in the ditch.

Officer Wisman suspected the driver of the vehicle had lost control of the vehicle

due to intoxication and had left the scene to avoid detection. It was reported to

law enforcement that a male driving a Toyota FJ Cruiser left the scene at an

excessive rate of speed. It was also reported that the FJ Cruiser was substantially

damaged and missing a tire.

Law enforcement officials tracked the FJ Cruiser to the residence of Geri

White (White) and Daniel White (Daniel). “Deputy Wisman and many other

Johnson County Deputies” along with Officer “Harkrider and many other Iowa

City Police Officers converged” on the Whites’ home. Law enforcement officials

surrounded the house with their firearms (handguns, rifles, and shotguns) at

the ready and deployed a canine unit. They did not knock on the door to see if

Daniel was inside. Officer Harkrider, using a loudspeaker, announced,

“Occupants of [the home], this is the Iowa City Police Department. Come to the

front door. Slowly open it with your hands in the air, empty, and slowly step

outside. Do it now.”

White, who was in the home at the time, exited the front door as

commanded and was “met by numerous law enforcement officers crouched

behind vehicles, trees, and other objects, with their weapons trained” on her.

Officer Harkrider and Deputy Wisman ordered White to leave the front stoop and

approach the law enforcement vehicle parked in the driveway. White initially 5

refused to leave the stoop and asked “for an explanation for the army in front of

her home,” but Officer Harkrider demanded she comply and gave her an order

to do so. White left the front stoop of her home, walked to the marked patrol car,

and spoke with Deputy Wisman. She answered his questions. After she answered

his questions, “law enforcement disbanded its perimeter and overwhelming show

of force.” White was not arrested.

Daniel, who was also in the home, was then arrested. He was charged with

operating while intoxicated. In the subsequent criminal case for that charge,

Daniel filed a motion to suppress evidence, contending his arrest was unlawful.

The motion to suppress was denied. He later entered into a plea agreement in

which the charge of operating while intoxicated was dismissed.

White filed this civil suit against Deputy Wisman, Johnson County, Officer

Harkrider, and the City of Iowa City based on law enforcement’s entry onto her

property and subsequent show of force. In her amended petition, White asserted

state constitutional tort claims pursuant to Godfrey v. State, 898 N.W.2d 844

(Iowa 2017), overruled by Burnett v. Smith, ___ N.W.2d___ (Iowa 2023).

Specifically, she asserted claims for: (1) violation of her right to freedom of

movement under article I, section 1 of the Iowa Constitution; (2) violation of her

right to liberty and property under article I, section 1 of the Iowa Constitution;

and (3) violation of her right to be free from unreasonable seizure and to be free

of excessive force under article I, section 8 of the Iowa Constitution. She also

asserted common law claims for intentional infliction of emotional distress,

trespass, and assault. 6

The defendants moved to dismiss White’s claims.1 The district court

granted the defendants’ motions with respect to White’s state constitutional tort

claims. The district court held that article I, sections 1 and 8 were not

self-executing and could not support claims for monetary relief. In addition, the

district court held that even if these provisions were self-executing, state

constitutional tort claims were available only against the state and its employees

and not against municipalities and their employees. The district court further

held there was no reason to create additional state constitutional tort claims in

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Geri L. White v. Michael Harkrider, City of Iowa City, Chris Wisman, and Johnson County, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geri-l-white-v-michael-harkrider-city-of-iowa-city-chris-wisman-and-iowa-2023.