Hunter
06/13/24
A $12 million jury verdict in favor of a former counselor at the Iowa City Community School District after he was wrongfully convicted of child sex abuse has been overturned by the Iowa Supreme Court.
The Press-Citizen reports Donald Clark was found guilty of sexual abuse against a minor in 2010. At trial, the prosecution argued that Clark took advantage of his position at Lemme Elementary in Iowa City during the 2003-04 school year and, on at least two occasions, sexually abused a student.
Clark was sentenced to 25 years in prison and was released in 2016 after his conviction was thrown out by the court when the student admitted during a deposition that “he lied under oath at the criminal trial.”
Clark sued the state in 2017 for emotional distress caused by the wrongful imprisonment. The case went to trial in 2022 and Clark was awarded the $12 million.
Clark’s appointed defense attorney in the child sex abuse trial passed away in 2013 before he could explain his defense of Clark. During the State’s appeal, they argued that emotional distress damages can only be recovered if it was proven that Clark’s attorney acted “with willful and wanton disregard for the client’s rights or safety.”
They also claimed the jury could have been prejudiced by the testimony of a former judge, who said not meeting with Clark for comprehensive meetings ahead of trial was grossly inadequate and inconceivable.
The state Supreme Court citied precedents from other state rulings on attorney negligence when announcing their decision.