DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152781P.pdf 12/01/2016 Sarah Brooks v. City of Des Moines
U.S. Court of Appeals Case No: 15-2781
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Benton, Author, with Loken and Beam, Circuit Judges]
Civil case - Automated Traffic Enforcement Systems. The driver-plaintiffs
all received a notice of a traffic violation and this established injury
in fact for standing purposes; since concurrent jurisdiction for municipal
infractions is not irreconcilable with Iowa state law, the drivers failed
to state a claim for violation of Iowa Code Section 602.6101; claim that
the ordinance improperly delegates powers is rejected on the basis of
Section V of this court's opinion in No. 15-2703 Hughes v. City of Cedar
Rapids (8th Cir. 2016); a provision for an optional administrative hearing
- itself appealable de novo to the state district court - is not
irreconcilable with Iowa Code Section 364.22(6); claims the system
violates federal civil rights dismissed pursuant to Section III.B and Part
IV of Hughes; claim the City's violation of IDOT rules states a claim
under the Iowa Constitution should be dismissed without prejudice under
Section IV.C of Hughes; claim of unjust enrichment dismissed under Part V
of Hughes.
152781P.pdf 11/02/2016 Sarah Brooks v. City of Des Moines
U.S. Court of Appeals Case No: 15-2781
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Benton, Author, with Loken and Beam, Circuit Judges]
Civil Case - Traffic cameras. Please see the related case of Hughes v.
City of Cedar Rapids, No. 15-2703, decided this date. The drivers' state
law claims based on Iowa Department of Transportation standards are
remanded for dismissal without prejudice; in all other respects, the
court's judgment is affirmed.