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Iowa Supreme Court limits damages in excessive force cases

News

December 31st, 2020 by Ric Hanson

IOWA CITY, Iowa (AP) — The Iowa Supreme Court is severely limiting the financial damages that can be awarded for injuries and deaths caused by state police officers who are found to have used excessive force. The court ruled 6-1 that punitive damages, which are intended to punish and deter future misconduct, are not available in lawsuits alleging state officers used excessive force in violation of constitutional rights.

Instead, the court says lawsuits brought by injured individuals and the families of those killed by police are subject to limits in the Iowa Tort Claims Act. Justice Edward Mansfield says compensatory damages are still available and offer “an adequate remedy.”

 

Ethics complaint against Iowa state lawmaker dismissed

Ag/Outdoor, News

December 31st, 2020 by Ric Hanson

DES MOINES, Iowa (AP) — A state House ethics committee has dismissed an ethics complaint against a Scott County lawmaker. The panel found on Tuesday that a complaint against Republican state Rep. Ross Paustian of Walcott did not meet content requirements and did not warrant further investigation. The panel voted unanimously with little discussion.

The Iowa Citizens for Community Improvement Action Fund had argued that Paustian, a crop and livestock farmer, used his position as chairman of the House Agriculture Committee to block legislation to strengthen regulation of livestock confinement operations.

They alleged Paustian also promoted support for legislation that protects factory farms. Paustian called the ethics complaint a “political stunt” by a “rogue group.”

 

Injury accident in Mills County, Wednesday – driver cited

News

December 31st, 2020 by Ric Hanson

A man from Glenwood was cited Wednesday, following an accident. The Mills County Sheriff’s Office says 32-year-old Lucas North was driving a 2009 Kia northbound on Levi Road near Highway 34 at around 4 p.m.  As the vehicle was going down a hill, it went out of control, entered the west ditch and rolled multiple times. North was transported by Glenwood Rescue to Methodist/Jennie Edmundson Hospital in Council Bluffs, for treatment of unknown injuries. North was subsequently cited for Failure to Maintain Control. Authorities said he was driving too fast for the weather/road conditions.

Sheriff’s officials said also, 24-year old Devin Brandon Jackson, of Council Bluffs, was arrested at the Mills County Sheriff’s Office, Wednesday, on a warrant for two counts of Failure to Appear. His bond was set at $100,000. And, 24-year old Jacob Lee Mattox, of Shenandoah, was arrested, also at the Mills County Sheriff’s Office, on a warrant for Possession of a Controlled Substance. Bond was set at $1,000.

It takes a little more time, but ‘two-factor authentication’ is much safer

News

December 31st, 2020 by Ric Hanson

(Radio Iowa) – Iowans who worry about their online security are likely familiar with what’s known as “two-factor authentication.” Information technology security expert Jesse La Grew explains that in many cases, to log onto one account, you’ll have to enter a six-digit number that’s texted to your cell phone. “Even if someone guesses your password, they can’t get in without that multi-factor authentication, they can’t get in without having access to your smartphone.”

Two-factor authentication may also involve a numerical code being sent to your email account. Websites were security is vital, like bank accounts, allow users to activate this extra layer of protection. La Grew recommends you do so, even if it means you need to allot an extra 30 seconds to log in. He says enabling those pop-ups on your phone or in text messages is one of the best ways to keep your accounts safe. “If you receive a pop-up prompt that says ‘Hey, would you like to allow access?’ and if you know you didn’t access your account at the time you received that prompt, that’s a really good indicator somebody guessed your password,” he says.

There are several options available, La Grew says, and you should see what’s compatible with your important websites. “It could be the Google Authenticator or it could be another application that’s built-in,” La Grew says. “This is very common with banking websites, very common with email and social media.” The system can also send you a message each time there’s a log-in attempt from a location that’s not your typical spot, say from home or work.

Glenwood woman arrested for FTA

News

December 31st, 2020 by Ric Hanson

The Glenwood Police Department reports 39-year old Crystal Rowland, of Glenwood, was arrested Monday. Rowland was charged with Failure to Appear, plus a new charge of Driving While Revoked. Her total cash or surety bond amounts to $2,000.

Emmetsburg Man Charged with Theft, Ongoing Criminal Conduct

News

December 31st, 2020 by Ric Hanson

Des Moines, Iowa – A man from northwest Iowa, 46-year-old Andrew Warren Joyce, from Emmetsburg, was recently charged with one Class B Felony count of Ongoing Criminal Conduct, one Class C Felony count of Theft 1st Degree, on Class D Felony count of Theft 2nd Degree, and one Class D Felony count of Failure to Trust Pre-need Funeral Services. The charges followed an investigation by the Iowa Insurance Division’s Fraud Bureau that began in 2019.

Photo courtesy of the Palo Alto Sheriff’s Office.

According to criminal complaints filed by the Iowa Insurance Fraud Bureau, while acting as an Iowa funeral director licensed to sell pre-need funeral insurance policies, Andrew Joyce failed to comply with the requirements of Iowa Code chapter 523A. A Cease and Desist order was previously issued against Joyce by the Iowa Insurance Division in October of 2019. On December 29th, 2020 Joyce was charged and posted bond with a promise to appear in court at a later date. No additional information was released.

A reminder: If you have information about insurance fraud, or suspected fraud, contact the Iowa Insurance Division’s Fraud Bureau at 515-654-6556.

(Podcast) KJAN 8-a.m. News, 12/31/20

News, Podcasts

December 31st, 2020 by Ric Hanson

More State and area news from KJAN News Director Ric Hanson.

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Cause of Council Bluffs airport fire still unknown

News

December 31st, 2020 by Ric Hanson

COUNCIL BLUFFS, Iowa (AP) — An investigation continues into what caused a fire at the Council Bluffs airport that destroyed one plane and damaged several others. The fire broke out Wednesday morning, sending thick black smoke into the air. Firefighters extinguished the blaze in about 40 minutes.

Authorities say one plane was a total loss and others sustained smoke damage. Officials have not yet estimated the financial toll.

 

(Podcast) KJAN Morning News & Funeral report, 12/31/20

News, Podcasts

December 31st, 2020 by Ric Hanson

The area’s latest and/or top news stories at 7:06-a.m. From KJAN News Director Ric Hanson.

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Study: Iowa kids at greater risk of being hit by a train

News

December 31st, 2020 by Ric Hanson

(Radio Iowa) – Iowa has one of the nation’s worst rates of children being hit by trains, according to a study by a non-profit group that works to protect kids from preventable injuries. Nadji  Kirby, senior program manager at Safe Kids Worldwide, says Iowa has the country’s third-highest percentage of railroad-related accidents involving kids. “In Iowa, between 2010 and 2019, there were 54 children injured in rail-related incidents,” Kirby says. “Of those, 12 were fatal and 42 were non-fatal.”

Those accidents accounted for 16-percent of all rail-related injuries in Iowa, ranking the state behind only Indiana at 20-percent and Idaho at 19-percent. The study found many parents don’t realize the importance of addressing railroad safety, with fewer than half of parents surveyed saying they’ve talked with their kids about it — and half of parents admit to taking risks around railroads. “The majority of parents don’t consider children being hit by trains to be a big problem, despite the fact that we found that every five days a child is killed in a train collision,” she says.

Safe Kids Worldwide and Omaha-based Union Pacific Railroad are working to increase awareness and educate families about how to be safe around train tracks. Kirby says railroad crossing accidents often occur when a driver isn’t paying attention near the tracks, when drivers or walkers choose to go around a safety barrier, or when they race to cross the track before the train passes.  “Talk to the kids about only crossing at designated crossings that are marked by signs, lights and gates,” Kirby says. “Always wait for the train to completely pass because trains can take up to a mile to stop, so once a train sees you, it might be too late. Also, the importance of not being distracted around tracks or trains, because distraction is a big issue, driving and/or walking.”

For motorists, allow plenty of space when stopped at railroad crossings, as trains are at least three feet wider than the tracks on either side.

Full report: https://www.safekids.org/research-report/railroads-often-overlooked-danger-children