Complaint - Complaint. See Ali v. Cangemi, 419 F.3d 722, 723-24 (8th Cir. 2005) (en banc) (holding that (2021-09-03)

Summary

Defendant Council Bluffs Community School District's motion to dismiss the complaint, and joinder in the motion to dismiss filed by the other District defendants (Doc.# 96 & 96-1), in The Arc of Iowa, et al. v. Kim Reynolds, et al., No. 4:21-cv-264, U.S. District Court for the Southern District of Iowa, filed August 1, 2022 as Document 97. The motion states that plaintiffs filed the complaint on September 3, 2021 concerning Iowa Code Section 280.31, and that on May 16, 2022 the Eighth Circuit vacated the preliminary injunction as moot. It argues the complaint is moot for the same reasons, citing Ali v. Cangemi, 419 F.3d 722. It also argues the complaint fails to state a claim against the districts under Federal Rule of Civil Procedure 12(b)(6), citing Bell Atl. Corp. v. Twombly, 500 U.S. 544. The four-page filing is signed by Timothy A. Clausen and includes a certificate of service.

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Case 4:21-cv-00264-RP-HCA Document 97 Filed 08/01/22 Page 1 of 4




               IN THE UNITED STATES DISTRICT COURT
               FOR THE SOUTHERN DISTRICT OF IOWA
THE ARC OF IOWA, et. al,            NO. 4:21-cv-264

                Plaintiffs,                           DEFENDANT COUNCIL BLUFFS
vs.                                                       COMMUNITY SCHOOL
                                                              DISTRICT’S
KIM REYNOLDS, et. al,                                      MOTION TO DISMISS
                                                      COMPLAINT AND JOINDER IN
                Defendants.                           MOTION TO DISMISS FILED BY
                                                       “DISTRICTS” (Doc.# 96 & 96-1)


       COMES NOW, Defendant Council Bluffs Community School District, and moves to

dismiss this action filed against it, and further joins the Motion to Dismiss filed by the other

“District” Defendants (Doc#96) and adopts the “Districts’” brief (Doc.# 96-1) as if set forth

herein in its entirety. In support of this Motion, Defendant further states:

       1.      On September 3, 2021, Plaintiffs filed a Complaint naming the Council Bluffs

Community School District as a defendant, asserting that it, along with the other named

School Districts are “indispensable but not adverse parties” regarding application of Iowa

Code Section 280.31.

       2.      On May 16, 2022, on appeal by Defendants Kim Reynolds, Governor of Iowa,

and Ann Lebo, Director of the Iowa Department of Education, the United States Court of

Appeals for the Eighth Circuit vacated this Court’s opinion and entry of a preliminary

injunction against enforcement of Iowa Code Section 280.31.

       3.      The Eighth Circuit vacated this Court’s preliminary injunction because “[t]he

passage of time and acts of third parties have mooted [it].”

       4.      The issues surrounding the preliminary injunction, which the Eighth Circuit




                                                1
Case 4:21-cv-00264-RP-HCA Document 97 Filed 08/01/22 Page 2 of 4




determined are moot because “the current conditions differ vastly from those prevailing when

[this Court] addressed it” including the availability of COVID-19 vaccines to children, are

the same issues surrounding the Complaint.

       5.      Furthermore, just as the Eighth Circuit determined “[n]o court could grant

effective relief as sought for the preliminary injunction because enjoining Defendants’

enforcement of Section 280.31 has no effect on Plaintiffs’ children, whose risk of contracting

COVID-19 at school is now low even without mask requirements, as is their risk of serious

injury or death,” there is no relief that could be granted by this Court as sought by the

Complaint. See Ali v. Cangemi, 419 F.3d 722, 723-24 (8th Cir. 2005) (en banc) (holding that

a case is considered moot when changed circumstances mean the court cannot grant effective

relief, and that a court may also find a case to be moot for prudential reasons).

       6.      Therefore, the Complaint is moot and should be dismissed.

       7.      In addition, Plaintiffs do not articulate how the Council Bluffs Community

School District or any of the District Defendants are “indispensable,” or in any other way

necessary parties, to the relief sought by the Complaint.

       8.      The Complaint instead targets the actions of State officials and contains vague

and conclusory allegations which do not provide “enough facts to state a claim to relief (from

this Defendant or any of the District Defendants) that is plausible on its face” as regards the

Districts. See Bell Atl. Corp. v. Twombly, 500 U.S. 544, 570 (2007).

       9.      Therefore, the Complaint fails to state a claim upon which relief can be

granted and this Defendant should be dismissed pursuant to Federal Rule of Civil Procedure

12(b)(6).

       10.     Defendant Council Bluffs hereby adopts the arguments as set out in the

“Districts’ Brief” filed at Docket #96-1 and hereby incorporate the same herein by reference.
                                                2
Case 4:21-cv-00264-RP-HCA Document 97 Filed 08/01/22 Page 3 of 4




        WHEREFORE, Defendant Council Bluffs Community School District respectfully

prays the Court dismiss this action against it, in its entirety.


                                                Respectfully submitted,




                                                Timothy A. Clausen
                                                KLASS LAW FIRM, L.L.P.
                                                Mayfair Center, Upper Level
                                                4280 Sergeant Road, Suite 290
                                                Sioux City, IA 51106
                                                clausen@klasslaw.com
                                                WWW.KLASSLAW.COM
                                                712/252-1866
                                                712/252-5822 fax
                                                ATTORNEYS FOR DEFENDANT
                                                COUNCIL BLUFFS COMMUNITY SCHOOL
                                                DISTRICT
Copy to:
Rita Bettis Austen - rita.bettis@aclu-ia.org
Shefali Aurora – shefali.aurora@aclu-ia.org
Leah Patton – leah.patton@aclu-ia.org
505 Fifth Avenue, Suite 901
Des Moines, IA 50309-2316

Cynthia A. Miller – cmiller@driowa.org
Catherine Johnson – cjohnson@driowa.org
666 Walnut Street, Suite 1440
Des Moines, IA 50309

Louise Melling – lmelling@aclu.org
125 Broad St.
New York, NY 10004

Susan Mizner – smizner@aclu.org
31 Drumm Street
San Francisco, CA 94111

John A. Freedman – john.freedman@arnoldporter.com
Tara L. Williamson
                                                  3
Case 4:21-cv-00264-RP-HCA Document 97 Filed 08/01/22 Page 4 of 4




601 Massachusetts Ave, NW
Washington, DC 20001

Shira Wakschlag – wakschlag@thearc.org
1825 K Street, NW, Suite 1200
Washington, DC 20006

Thomas J. Duff – tom@tdufflaw.com
Jim T. Duff – jim@tdufflaw.com
4090 Westown Pkwy, Suite 102
West Des Moines, Iowa 50266

Samuel P. Langholz – sam.langholz@ag.iowa.gov
Jeffrey S. Thompson – Jeffrey.thompson@ag.iowa.gov
1305 E. Walnut Street, 2nd Fl.
Des Moines, IA 50319

Kristy M. Latta – klatta@ahlerslaw.com
Miriam D. Van Heukelem – mvanheukelem@ahleerslaw.com
100 Court Avenue, Suite 600
Des Moines, IA 50309

Caitlin Slessor - cls@shuttleworth.com
Samuel E. Jones – sej@shuttleworth.com
115 3rd St., SE Ste. 500
PO Box 2107
Cedar Rapids, IA 52406-2107

C. Josesph Holland – jholland@icialaw.com
Crystal K. Raiber – craiber@icialaw.com
123 N. Linn St., Ste 300
Iowa City, IA 52245
                                              CERTIFICATE OF SERVICE
                                  The undersigned certifies that the foregoing
                                  instrument was served upon all parties to the
                                  above cause to each of the attorneys of record
                                  herein at their respective addresses disclosed
                                  on the pleading on       August 1             , 2022
                                  By: _____ U.S. Mail                ______ facsimile
                                       _____ Hand delivered          ______ Overnight courier
                                       _____ Email                   __X___ ECF

                                  Signature _____/s/ Timothy A. Clausen___________




                                               4


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