(Radio Iowa) – The Iowa Supreme Court heard oral arguments in the case of the families of four workers at the Tyson meatpacking plant in Waterloo who died of COVID-19 in 2020. The workers’ families are asking the Iowa Supreme Court to overturn a lower court’s decision that dismissed their claims as a workers compensation issue. Attorney G. Bryan Ulmer says Tyson executives and supervisors committed fraud and gross negligence after they lied to employees and told workers with COVID symptoms to keep coming to work. “Despite an ever increasing number of sick workers, Tyson denied that there was COVID 19 at the plant. It told workers that it had been cleared of COVID 19 by county health officials. It prohibited interpreters from communicating with non English speaking employees about COVID 19,” he says.

He says at the same time the supervisors were placing bets on how many positive COVID-19 cases would result from the outbreak. The end result was the largest workplace outbreak of COVID-19 in the entire country. He says that leads to this question. “Is whether or not the Workers Compensation Act, legislation, which was originally intended to protect workers, now protects employers and coworkers from intentionally tortious conduct,” Ulmer says. Attorney David Yoshimura represented some of the Waterloo plant supervisors who were sued and says these claims that belong in the workers comp system, not in the courts.

Attorneys in the Tyson Worker Covid deaths prepare to present their oral arguments to the Iowa Supreme Court on Nov. 14, 2024

“The legislature has made the judgment that the courts are divested of jurisdiction over these claims, which is why the district court dismissed them,” he says. “Nevertheless, the plaintiff here has engaged in some creative pleading of their own and tried to, through some gamesmanship, keep these claims in the courts.” “What the district court found was that assuming all of these well pleaded facts are true, there is no possibility for the court to maintain jurisdiction over these claims,” Yoshimura .

The Iowa Supreme Court will issue a ruling at a later date on whether the cases can move forward in district court, or if they have to be handled as worker compensation claims.

(Radio Iowa) – The University of Iowa is the lead institution on a 166-million dollar robotic space mission due for launch next year. Twin spacecraft will study what’s known as space weather, which is responsible for beautiful phenomena like the Northern Lights, but also for technological turmoil, like when satellites stop working — cutting off our phone calls, T-V shows and navigation systems. Professor David Miles, in the U-I’s Department of Physics and Astronomy, is the mission’s principal investigator.

“Space weather, which is just what happens in space to our satellites, can create really intense radiation that damages our satellites,” Miles says. “It can cause the atmosphere of our Earth to kind of push up, and then satellites run into it, and the satellites start dropping in their orbit, or in really extreme cases, it can do things like drive electricity through the electrical grid on the ground and cause blackouts.” If you want to learn about the Earth’s weather from the ground, you’d study things like wind speeds, temperatures and rainfall amounts.

“When we’re doing this in space, we read things like the electric field, the magnetic field, and the electrons and the particles that are moving around in the plasma,” Miles says. “So, the University of Iowa built three instruments to measure those sorts of parameters, and we have other instruments coming from participating institutions like UCLA, UC Berkeley, and Southwest Research.” The mission is called TRACERS, or Tandem Re-connection and Cusp Electrodynamics Reconnaissance Satellites. Miles and a large contingent from Iowa City will be closely watching in person as the twin spacecraft are launched aboard a single rocket from Vandenberg Space Force Base in California next year.

“We actually stack them on top of each other, and then they get launched together, one a little bit ahead of the other,” Miles says, “and then over time, we basically play with how close together the satellites are, and that lets us figure out how quickly processes are turning on and turning off, and how things are moving around, but it lets us pick out what’s changing in space versus what’s changing in time.” The mission’s primary goal is to learn about the magnetic re-connection effect when powerful winds from the sun crash into our planet’s magnetic fields. Miles says these interactions, which create the Aurora Borealis, also can disrupt technology we depend upon.

https://tracers.physics.uiowa.edu/

“We’re really trying to understand the process that takes energy from the sun and brings it into near-Earth space,” Miles says. “How quickly does that process turn on and off? How much energy does it transfer in? Because that’s the free energy source for a lot of these space weather effects that we’re talking about, so if you want to understand space weather, you’ve got to understand what’s feeding it.” The U-I is the lead institution on the 166-million dollar mission, which is the largest external research award in university history.

“We’re basically the prime contractor to NASA, so we’re responsible for the whole mission, but a lot of that money flows through us to do things like procure the actual spacecraft, or bring instruments in from the participating institutions,” Miles says. “So all of the money comes to Iowa, but a lot of it flows through to the subcontractors.” A specific launch date isn’t yet set, though TRACERS is scheduled to go up in the second quarter of 2025.

https://tracers.physics.uiowa.edu/

(Radio Iowa) – Thanksgiving is less than two weeks away and as Iowans plan their family get-togethers or getaways, the Iowa State Patrol is also planning to put extra troopers on the roadways to help keep everyone safe. Trooper Paul Gardner, based in Fort Dodge, says they’re prepping for a very busy several days on Iowa’s thoroughfares. “We will certainly see an increase in travel and vehicles coming through the state, a lot of people taking to the roadways,” Gardner says. “They may be driving to their destinations, but they also may be going to the airport, so we will be seeing a lot of people traveling.” There may be times during the long holiday when the roads are nearly deserted, but there’ll be plenty of other times where the highways are packed with cars, trucks and SUVS.

“The two or three days before Thanksgiving and then right after Thanksgiving weekend seems to be another busy travel day, but typically the Wednesday before Thanksgivings are busiest, and then that Monday afterwards, we’ll definitely see a lot of travel coming back from Thanksgiving,” Gardner says. “So we just want to make sure that everyone’s buckled up, driving sober.” The state patrol will be taking part in multiple STEP or Special Traffic Enforcement Programs during the holiday.  “We’ll be participating in a ‘Click it or Ticket’ campaign around Thanksgiving, and that’s enforcement of seat belt laws,” Gardner says. “Then we also have a campaign called ‘Buzzed Driving, Same as Drunk Driving.’ So if you feel different, you’re going to drive different. Any festivities that include alcohol, make sure you get a sober ride to get you home.”

Iowa recorded its 300th traffic death for the year this week. In all of last year, there were 377 people killed on the roads statewide, including eight deaths over the long Thanksgiving weekend.

DES MOINES, Iowa [KCCI] — The Iowa State Board of Education met Wednesday to discuss proposed rules for implementing a 2023 law that bans books depicting sex acts in school. Senate File 496, signed into law last year, requires schools to remove books depicting sexual acts. It also prohibits discussions on gender identity and sexual orientation before seventh grade. The board held a public hearing Nov. 5 on the guidelines.

Thomas Mayes, general counsel for the Iowa Department of Education, said they received 32 written comments and one person who showed up in person for the public hearing.

Under the proposed rules, districts must post an updated list of their books at least two times a year. If libraries serve multiple grades, the district must have controls in place to ensure students only have access to age-appropriate materials.

The board also discussed penalties for violating the law. The new rules say staff and administrators who fail to follow the law will first receive a written warning. Repeated offenses could mean appearing before the Iowa Board of Educational Examiners. The law also prohibits discussions on gender identity and sexual orientation before seventh grade. Proposed guidelines clarify that a neutral reference or a factual reference would not considered promotion or instruction.

The ACLU of Iowa renewed its legal battle against the law in October. The organization was successful in getting the law blocked back in December, which caused the state board to pause its work on the law. The injunction was lifted in August.

There will be another public hearing on Dec. 11 in the state boardroom of the Grimes State Office Building from 8 a.m. until 9 a.m. Written comments can be made no later than 4:30 p.m. Dec. 11 by emailing thomas.mayes@iowa.gov, by calling 515-281-8661 or by mailing them to Thomas A. Mayes, Iowa Department of Education, Grimes State Office Building, 400 E. 14th St., Des Moines, IA 50319.

COUNCIL BLUFFS, Iowa – An Omaha man was sentenced to two years in federal prison for possessing ammunition as a felon. According to public court documents and evidence presented at sentencing, in April 2024, law enforcement responded to a report and identified that 32-year-old Lual Lul Nguot struck a woman and threatened to shoot bystanders who confronted him. Law enforcement later found Nguot and he was in possession of ammunition and two fake handguns. Nguot is prohibited from possessing ammunition because he is a felon.

After completing his term of imprisonment, Nguot will be required to serve a three-year term of supervised release. There is no parole in the federal system.

United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Council Bluffs Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

(Radio Iowa) – Governor Kim Reynolds signed a proclamation today (Thursday) at Broadlawns Medical Center in Des Moines declaring next week Apprenticeship Week in Iowa. Broadlawns used an Iowa Workforce Development Grant in 2023 to create a health care worker apprenticeship. Broadlawns chief administrative officer Maria Morgan says they’ve had success.

“We produce healthcare professionals across the state of Iowa that contribute to thriving and healthy communities and a thriving workforce all over the state, and we’re very proud of that. There are a number of different fellowships, apprenticeships, we’re teaching hospital,” she says.

Dentist Haley Harvey is From Detroit and says she is happy to develop new people in the profession because she chose Iowa when she decided to become a dentist. “And I remember when I had a decision to make about where I was going to go to dental school, and the decision became crystal clear for me that University of Iowa was my school,” Harvey says. “And I never ever regretted that decision. So I’m proud as well to be 30 years as a dentist and a public health dentist at practicing here at Broad laws Medical Center.” She says she loves the history of Broadlawns.

“Also loved that it had a quiet reputation for training the best and the brightest, starting with the nurses building to the medical doctors, the residents, and later dentistry,” she says. Ramon Ford is a healthcare tech who studied criminal justice before a friend talked him into trying the apprentice program.

“Never had any like healthcare, like professional or experience or anything. So coming into this, I was a little bit worried about that, because I was like, man, like, what am I gonna do?,” He says “I didn’t really know what C-N-As did. Like, my views of nurses were completely off. They do a lot more than I thought, you know. So I was like, this, you know, I might be a little, like, not good at this,.” He says the program allows you to succeed.

“The only way you can fail, is if you don’t want to do it, there’s, like, no way they’ll let you fail. You know, they give you all the resources and everything you need and all the support, you know, a lot of people that help you out,” Ford says.

The governor and hospital officials say there continues to be a big need for healthcare workers in Iowa.

COUNCIL BLUFFS, Iowa – A Council Bluffs man was sentenced today (Thursday) to 84 months in federal prison for Conspiracy to Distribute a Controlled Substance. According to public court documents, in 2023, 41-year-old Carlos Garcia distributed large quantities of methamphetamine in the Council Bluffs area. Drug proceeds seized during the investigation totaled $58,700, which was forfeited by the investigating agency.

After completing his term of imprisonment, Garcia will be required to serve a four-year term of supervised release. There is no parole in the federal system. United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The case was investigated by the Drug Enforcement Administration.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

DES MOINES – The Iowa Department of Natural Resources was notified of a semi truck leaving Interstate 80 and falling into Keg Creek, Thursday (Nov. 14, 2024), releasing an unknown amount of diesel fuel.

At around 8-a.m. Thursday, the DNR Field Office in Atlantic was notified of a semi truck falling into Keg Creek northeast of Minden. The semi truck, owned by FAMO Freight out of Silvis, Illinois, was driving on I-80 eastbound, when it left the road and entered the median above Keg Creek near mile marker 30, about a mile east of the Minden exit. An unknown amount of diesel was released in the creek.

Emergency response crews helped remove the driver from the semi truck, and cleanup efforts are ongoing. Booms were placed downstream this afternoon and will remain in place until the truck can be recovered.

No dead fish have been observed at this time. The DNR will evaluate the soil along the creek after the semi truck is removed.

If you see dead or stressed fish at a lake or river, call the DNR’s 24-hour spill line at 515-725-8694 as soon as possible. Quick reporting can help DNR staff identify the cause of a fish kill and potentially stop a fish kill in progress.

(Radio Iowa) – The Iowa Supreme Court, Thursday afternoon, heard the case of a former Massena daycare owner/operator seeking to overturn her convictions for second-degree murder and child endangerment causing death for a child at her daycare. Alison Dorsey argued her case should not have been moved from Cass County to Pottawattamie County after a mistrial, and that there was not enough evidences to convict her. Attorney Trevor Hook told the justices the trial was moved too quickly.

Hook says Dorsey’s defense wanted to see if there was a reason to move the trial.

Dorsey Attorney Trevor Hook speaks before the IA SUPCO Nov. 14, 2024 (Ric Hanson photo via YouTube)

Prosecution attorney Louis Sloven says the court had information on coverage that would prejudice another jury in Cass County”

He says a questionnaire would only have confirmed what was going on in the county surrounding the case.

Dorsey’s defense said there is evidence the child could have been injured earlier and she was not the one who killed the boy. Sloven says the evidence didn’t show that.

Hook countered that prosecution witnesses wouldn’t substantiate that claim.

The Supreme Court will issue a ruling at a later date. Dorsey was previously sentenced to the 50-years in prison.

(View the hearing that took place HERE. The Dorsey oral arguments begin at 47:04 on the recording. )

(Iowa Capital Dispatch) – Six Iowa dog breeders or kennels were cited for federal regulatory violations during the third quarter of 2024. Breeders in only two other states – Ohio and Indiana – racked up more violations than Iowa’s breeders during the quarter that began on July 1 and ended on Sept. 30. The violations are compiled and analyzed by Bailing Out Benji, an Iowa-based, animal-welfare organization that collects and republishes data on violators throughout the nation,

Bailing Out Benji’s most recent report shows that during the third quarter of 2024, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service cited six Iowa breeders or kennels for a total of 19 violations. During that same period, Ohio kennels or breeders were cited for a total of 40 violations, the most of any state. Indiana ranked second with 22 violations, and Iowa and Michigan were tied for third place with 19 violations each.

In southwest Iowa, William Davenport of Afton was cited July 3rd, 2024, for one violation related to recordkeeping. Afton was also cited for violations in the first quarter of 2024, and in 2023 and 2022. Elsewhere across the State:

• Rick and Sara Sandbulte of Furever Paws in Sioux Center: On Aug. 22, 2024, this kennel was cited for seven non-critical violations during a routine inspection.  The violations pertained to the attending veterinarian and inadequate veterinary care, the time and method of identifying dogs, the housing facilities, and the primary enclosures.
• Steve Kruse of Stonehenge Kennels in West Point: On Aug. 23, 2024, this kennel – one of the largest in Iowa — was cited for one violation pertaining to cleaning, sanitization, housekeeping, and pest control.
• Alan and Terisa Steiber of Rockytopp Kennel in Lansing: This kennel is home to 83 dogs and puppies and on Aug. 2, 2024, was cited for five non-critical violations pertaining to records, cleaning, sanitization, housekeeping, pest control, and veterinary care.
• Alex De Jager of DJ Kennels in Rock Valley: This kennel, home to 21 dogs and puppies, was cited for inadequate housing facilities during an Aug. 16, 2024, inspection.
• Heath Meyers of Century Farm Puppies in Grundy Center: During a July 25, 2024, inspection, a USDA inspector noted there were 17 dogs over four months old that had yet to be added to the facility’s official record of dogs on hand. The kennel was also cited for inadequate veterinary care. The lack of medical records “makes it difficult to determine if the animals are receiving vaccinations and deworming,” the inspector noted. Both violations were cited as repeat offenses. At the time, Century Farms had 191 dogs and puppies on hand.