Brent A. Buszka, Teresa M. Buszka, and C.B. v. Iowa City Community School District
16-0011
| Iowa Ct. App. | Feb 8, 2017Background
- C.B. alleges sexual abuse by school employee Donald Clark from ~2003–2005 while enrolled in Iowa City Community School District (ICCSD); he disclosed the abuse in 2009 and turned 18 in May 2011. Suit filed June 2011 against Clark and ICCSD.
- ICCSD moved for summary judgment arguing chapter 670 (IMTCA) governs and its limitations provision (Iowa Code § 670.5) bars the suit. The district court granted summary judgment for ICCSD.
- Key statutory provisions at issue: IMTCA limitations (§ 670.5), chapter 614 general limitations including five‑year sexual‑abuse provision (§ 614.1(12)), minor tolling (§ 614.8(2)), and delayed‑discovery for child sexual abuse (§ 614.8A).
- Legislature amended § 670.5 and § 614.8 in 2007 to make certain tolling rules explicitly apply to chapter 670 claims, and stated those amendments apply only to injuries occurring on/after July 1, 2007.
- Plaintiffs (Brent & Teresa Buszka and C.B.) argued variously that § 670.5 should be read to incorporate § 614.8(2) and § 614.8A, that § 670.5 is unconstitutional (equal protection / disparate treatment), and that the discovery rule or § 614.1(12) should govern.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicable statute of limitations for claims against the school district | § 670.5 should incorporate tolling (§ 614.8(2)) or the five‑year sexual‑abuse limit (§ 614.1(12)) to allow timely suit | § 670.5 (IMTCA) is the special, controlling limitation for municipal claims and bars this suit | § 670.5 controls for the district/municipal claims; summary judgment affirmed |
| Applicability of minor tolling (§ 614.8(2)) and § 614.8A to chapter 670 claims arising before July 1, 2007 | § 614.8(2) and/or § 614.8A should toll or extend limitations for minors including C.B. | 2007 amendments made chapter 670 subject to § 614.8 only for injuries on/after July 1, 2007; pre‑2007 tolling was not incorporated | Pre‑2007 minor tolling and § 614.8A do not apply to these chapter 670 claims; not applicable here |
| Adoption of discovery rule for IMTCA claims | Court should apply common‑law discovery rule so limitations run from discovery, not injury | IMTCA is a statute of creation where time runs from the injury; discovery rule has been rejected by controlling precedent | Discovery rule not adopted; existing precedent prohibits it for IMTCA claims |
| Constitutional challenge (equal protection / retroactivity) | § 670.5 as applied discriminates between private tortfeasors and municipalities and between pre/post‑July 1, 2007 victims, denying equal protection | Legislative distinctions are rational; court must follow supreme court precedent upholding distinctions and retroactivity choices | Constitutional challenges rejected; statute is rationally related to legislative purpose and not unconstitutional as applied |
Key Cases Cited
- Miller v. Boone Cty. Hosp., 394 N.W.2d 776 (Iowa 1986) (struck earlier six‑month municipal limit as unconstitutional)
- Clark v. Miller, 503 N.W.2d 422 (Iowa 1993) (severed unconstitutional portion and upheld two‑year limit where notice given)
- Montgomery v. Polk Cty., 278 N.W.2d 911 (Iowa 1979) (IMTCA is a statute of creation; discovery rule does not apply)
- Perkins ex rel. Perkins v. Dallas Ctr.-Grimes Cmty. Sch. Dist., 727 N.W.2d 377 (Iowa 2007) (legislature had not indicated intent to incorporate tolling into chapter 670 prior to 2007)
- Doe v. New London Cmty. Sch. Dist., 848 N.W.2d 347 (Iowa 2014) (discussion of IMTCA limits and equal protection challenges)