DAVENPORT, Iowa — Correction: Multiple media outlets, along with News 8, incorrectly reported that the Iowa Supreme Court ruled the City of Davenport and its employees would not receive qualified immunity in a class action lawsuit regarding the fatal building collapse in May 2023.
The City had previously filed a motion to dismiss the counts against it and its employees in the collapse lawsuit, citing qualified immunity as one of the reasons. The judge in the case denied that motion, prompting the City to apply for an interlocutory appeal to the Iowa Supreme Court.
The state's Supreme Court denied that application but did not rule on the matter of qualified immunity, which News 8 previously reported in error. The appeal continues to move forward onto briefing. A decision will not be issued until after that process.
As a result of the appeal, the judge in the lawsuit halted all discovery. It remains halted and the recent Supreme Court ruling has not lifted that stay.
News 8 received clarification from the City on the matter, who provided the following statement:
"Numerous media outlets have recently reported that the Iowa Supreme Court denied qualified immunity for the City of Davenport, Trishna Pradhan, and Richard Oswald in the lawsuit arising out of the collapse of The Davenport Hotel and subsequently asked for comment or clarification from The City. The Order issued by the Iowa Supreme Court on July 3, 2024, did not hold that The City, Ms. Pradhan, or Mr. Oswald are not entitled to qualified immunity, nor did it lift the stay of discovery, nor did it reach the substance of the appeal. The July 3, 2024 Order specifically noted that the appeal pursuant to Iowa Code section 670.4(A)(4), which is Iowa’s qualified immunity statute, would proceed to briefing. Following that Order, on July 11, 2024, the Iowa Supreme Court issued a briefing schedule that sets forth deadlines for the parties to file briefs addressing the substantive qualified immunity arguments. A decision will not be issued until after briefing is fully complete. In the meantime, the stay of discovery remains in place. Given that this involves pending litigation, no other comments will be made at this time."
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