Iowa AG Asks Judge to Dismiss Suit Against IDOT

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By Aaron Hepker

Story Created: Sep 5, 2009 at 7:56 PM CST

Story Updated: Sep 5, 2009 at 7:56 PM CST

DES MOINES (AP) - The Iowa Attorney General is asking a judge to dismiss a civil suit filed by a South Dakota man who says he was pistol-whipped by a transportation department officer.

David Howard of Sioux Falls filed suit in August against the Iowa Department of Transportation and officer Darrell Wiegand. The 71-year-old Howard says Wiegand assaulted him during a traffic stop four years ago.

Assistant Attorney General Robin Glenn Formaker says the state is immune from lawsuits like Howard's. And Formaker says Wiegand should be excluded from the suit because he was "a state employee acting in his official capacity" during the alleged incident and is also immune.

In his report of the incident, Wiegand says Howard resisted arrest. He doesn't mention any physical altercation.

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