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VICTORIANO v. CITY OF WATERLOO

No. 22-0293.

984 N.W.2d 178 (2023)

Marcelino Alvarez VICTORIANO, Appellant, v. CITY OF WATERLOO, Iowa, C.J. Nichols, in his/her Individual and Official Capacity, and Waterloo Police Department, Appellees.

Supreme Court of Iowa.

Filed January 6, 2023.

Attorney(s) appearing for the Case

Molly M. Hamilton (argued) of Hamilton Law Firm, P.C., Clive, for appellant.

Bradley M. Strouse (argued) and Bruce L. Gettman, Jr. , of Redfern, Mason, Larsen & Moore, P.L.C., Cedar Falls, for appellees.

Brenna Bird , Attorney General, Samuel P. Langholz , Assistant Solicitor General, and Tessa M. Register (argued), Assistant Attorney General, for amicus curiae State of Iowa.

McDonald, J., delivered the opinion of the court, in which all justices joined.

Marcelino Alvarez Victoriano filed suit against the City of Waterloo and Waterloo Police Department Officer C.J. Nichols, alleging Nichols shot him without justification. The defendants moved to dismiss the petition pursuant to Iowa Code section 670.4A (2022), which sets forth a qualified immunity defense to and heightened pleading...

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