In a narrow 4-3 decision [opinion, PDF], the Supreme Court of Iowa [official website] ruled on Friday that former Iowa Workers’ Compensation Commissioner, and now chief judge of the board, Christopher Godfrey can sue high-ranking government officials, including Governor Kim Reynolds [official website] and former Governor Terry Branstad, for violating equal protection and due process rights granted by the Iowa Constitution [text, PDF]. Specifically, the decision allows Democrat Godfrey to seek damages against Republican Branstad for political retaliation. But more broadly, the ruling opens the door for private citizens to seek monetary damages from government officials who have violated their rights under the state’s constitution, a ruling with parallels to the landmark US Supreme Court [official website] case Bivens v. Six Unknown Named Agents [Opinion, text]. The Court stated that The fourth vote came from Justice Mark Cady, who concurred in the judgement but dissented on key issues, writing that the plaintiff did not need to rely on constitutional protections because statutory remedies for his claim are already available through the Iowa Civil Rights Act [text, PDF]. However, the majority disagreed with that position on at least some of the issues, and responded:

The due process claims based on alleged partisan motivation in depriving Godfrey of property and liberty interests contrary to due process are not claims within the scope of the Iowa Civil Rights Act. As a result, there is no basis to assert that Iowa Code chapter 216 provides an adequate remedy to avoid the necessity of a free-standing damages claim.

The Court’s 104-page opinion overturns a lower court’s dismissal most of the plaintiff’s claims, but the Court declined to rule on the merits.

Godfrey, had been appointed [AP report] to the position by Democratic Governor Chet Culver in 2009. A year later, incoming Republican Governor Branstad asked for Godfrey’s resignation. When Godfrey declined the request, claiming the position was quasi-judicial and intended to be nonpartisan, Branstad reduced his salary from $112,000 to $73,000, the lowest possible amount for the position. Godfrey claims he was further subjected to harassment, including false statements regarding his job performance, and “harsh treatment” due to his sexual orientation. Both sides claimed some degree with of victory with the Court’s ruling, with Godfrey calling it “a decision that is really going to help Iowans who are impacted by improper government actions going forward,” and counsel for former Governor Branstad praising the justices for leaving affirmative defenses intact once the matter ultimately goes to trial.