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MARTIN v. TOVAR

No. 21-1072.

991 N.W.2d 760 (2023)

Shari L. MARTIN, Appellant, v. Thomas A. TOVAR, Individually and In His Official Capacity, and City of Muscatine, Iowa, Appellees.

Supreme Court of Iowa.

Filed June 9, 2023.

Attorney(s) appearing for the Case

M. Leanne Tyler (argued) of Tyler & Associates, PC, Bettendorf, for appellant.

Brandon W. Lobberecht (argued) and Martha L. Shaff of Betty, Neuman & McMahon, P.L.C., Davenport, for appellees.

McDermott, J., delivered the opinion of the court, in which Christensen, C.J., and Mansfield, McDonald, and May, JJ., joined, and in which Oxley, J., joined as to part II, and concurred in judgment as to part I. Oxley, J., filed a special concurrence. Waterman, J., took no part in the consideration or decision of the case.

While on patrol at around 2:00 a.m., an officer with the Muscatine Police Department initiated a traffic stop of a vehicle driven by David Faust. Another Muscatine police officer, Thomas Tovar, arrived separately and assisted at the scene. Faust was arrested on a charge of operating...

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