The family of a man shot and killed by Waterloo police can continue their wrongful death lawsuit after the Iowa Supreme Court revived the case.
Lisa Boggess, the mother of Brent Boggess and administrator of his estate, sued the city of Waterloo after her son was fatally shot following a lengthy, low-speed car chase in November 2021. In its Friday, May 1, decision, the state’s highest court found that Iowa’s qualified immunity law does not shield the city from Lisa Boggess’ claims for assault and battery, and reversed a district court order dismissing all claims against the city.
Attorney Connor Mulholland, who represents Boggess, said the family is looking forward to taking their claims to trial.
“We’re really happy with the Supreme Court decision,” he said. “We’re thrilled for the family because we’re going to get our day in court, and we’re happy to move forward with the case.”
Attorneys for the city did not immediately respond to a request for comment.
What happened to Brent Boggess?
According to court filings, Waterloo police tried to stop Brent Boggess on Nov. 16, 2021, for a traffic violation. He instead drove away, leading a chaotic pursuit by eight squad cars through residential neighborhoods until officers finally penned his car between two of theirs in an alley.
Boggess, who had a history of mental illness, spoke with officers through his car window until, his family alleged, one of the officers began driving toward Boggess’ “in an unnecessarily aggressive manner.” Boggess also accelerated and the two vehicles collided, causing minimal damage. Another officer, who was approaching from the side, then opened fire, fatally injuring Boggess.
Black Hawk County Attorney Brian Williams declined to bring charges against the shooter, Officer Kenneth Schaaf, writing that his actions “were necessary to avoid injury or any further risk to both life and safety.”
Federal, state courts both dismiss claims
The family’s lawsuit initially was heard in federal court, where the city argued Schaaf was justified in shooting Boggess. The judge, however, found Schaaf may have violated Boggess’ rights.
“Based on the totality of the circumstances including the low-speed chase, the lack of any indication that Boggess was armed or had committed a serious crime, the position of Boggess’ vehicle surrounded by law enforcement in the alley and that his vehicle had come to a stop immediately before the use of deadly force, a reasonable jury could conclude that deadly force was objectively unreasonable,” U.S. District Judge Leonard Strand wrote.
Nonetheless, Strand dismissed Boggess’ claims under federal law, ruling the city was entitled to qualified immunity because there was no sufficiently similar precedent for the situation Schaaf encountered. He declined to rule on Boggess’ state-law claims, sending the case to state court for further proceedings.
Those state claims were dismissed in April 2025 after a judge found Iowa’s 2021 qualified immunity law applied. The family appealed.
Qualified immunity law doesn’t apply, court rules
By the time that appeal came before the Supreme Court, the legal landscape had changed. In May 2025, a month after the dismissal of the case, the court ruled Iowa’s qualified immunity law only applies to statutory or constitutional claims, such as civil rights cases, and not to common-law claims such as assault and battery.
Attorneys for Waterloo asked the court to reverse or narrow that ruling. But the unanimous court held in Friday’s ruling that the 2025 decision remains applicable.
“We see no compelling reason to overrule these precedents,” Justice Thomas Waterman wrote for the court. “Applying these precedents, we reverse the district court’s summary judgment ruling and reinstate the plaintiffs’ common law tort claims.”
The decision means the case is back on track for trial on three claims: common-law assault, battery, and excessive force under Iowa statutes governing police conduct.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Iowa Supreme Court revives Waterloo police wrongful death case
Reporting by William Morris, Des Moines Register / Des Moines Register
USA TODAY Network via Reuters Connect
