Davenport building collapse lawsuits on hold for a year or more as city's appeal pending

The sprawling web of litigation over the deadly collapse of a Davenport apartment building has been put on hold while city officials appeal a ruling rejecting their motion to be dismissed as defendants in the case.

At least seven separate lawsuits accuse Davenport city officials, building owner Andrew Wold and other businesses and contractors of wrongdoing leading up to the May 28, 2023, partial collapse of the historic downtown building, known as the Davenport Hotel. Three people were killed, another seriously injured, and dozens of residents lost all their possessions. The structure has since been demolished.

Courts consolisated the lawsuits. Now, Judge Mark Lawson's order, posted online Monday, requires all parties to put discovery, depositions and other pretrial litigation on hold while the city appeals his denial of its motion to dismiss — a process that could take a year or more.

Lawson wrote he ordered the stay "reluctantly" because it is required under a recent state law granting public officials immunity from many kinds of lawsuits. Attorneys for some of the plaintiffs, including a woman whose leg had to be amputated to free her from rubble, say they plan to ask the Iowa Supreme Court to expedite the city's appeal.

"We are confident that the City’s attempt to reverse the trial court will be unsuccessful, but unfortunately, the progress of the case will be temporarily delayed," attorneys for Peach Berry and her wife, Lexus, said in a statement. "... We will soon be filing a motion with the Supreme Court requesting that this appeal be handled on an expedited basis, not only because of the Berry’s plight, but also because the many other victims who were killed, injured, or displaced from their homes deserve justice and closure. While the temporary stay will unfortunately delay justice for the victims, we are confident that justice will not be denied."

Should lawsuits against the city have been dismissed?

Plaintiffs have accused city building inspectors and other officials of numerous missteps leading up to the collapse, including repeatedly failing to post notices informing residents of orders to vacate the building due to structural concerns.

In February, attorneys for the city asked the court to dismiss those claims. Key to their argument is a state law, passed in 2021, granting qualified immunity for public officials facing lawsuits unless the plaintiffs can show it was "clearly established" at the time that their actions were illegal.

From 2022: What does Iowa's new 'Back the Blue' qualified immunity law actually mean? Judges disagree.

Lawson ruled on the motion April 2, denying qualified immunity for most of the city defendants. He found that it was "clearly established" at the time of the inspections that officials owed a duty of care to building tenants, including a responsibility to post notices for tenants if a building had been ordered vacated.

He did dismiss claims against then-City Administrator Corrine Spiegel, finding the claims against her failed to meet the heightened requirements of the qualified immunity law.

The city appealed April 30, and asked the court to suspend all discovery in the case until the appeal was resolved. In court filings, the city argued that even permitting discovery ― the pretrial exchange of evidence and witness lists ― between other parties, such as the plaintiffs and Wold, would require time and attention from the city's attorneys.

Judge: 'keenly aware' of impact of delay

In his order, Lawson writes that it is appropriate to stay all discovery in cases where qualified immunity is at issue until those appeals are resolved, under U.S. Supreme Court precedent.

"This delay is an unintended — but very real — consequence of the legislature’s decision to grant a city the automatic right of appeal from a district court decision denying a qualified immunity claim," Lawson wrote.

Previously: Judge rules ex-owners of collapsed Davenport apartments may be liable, lets case continue

The judge said he is "keenly aware" of the impact a lengthy delay might have on the plaintiffs, but that a total stay of discovery follows Supreme Court guidance and will prevent potentially wasteful and duplicative litigation once the appeal is complete.

The order does not completely stay the case. The parties can continue mediation and settlement discussions, and Lawson encouraged them to do so.

Attorney Jason O'Rourke, representing the city, said in an email the city believes Lawson's ruling was the correct one under the law. Attorneys for Wold did not respond to a message seeking comment.

In depth: Cause of deadly apartment building collapse in Davenport revealed in new report

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: Davenport building collapse lawsuits paused over qualified immunity