IOWA CITY, Iowa (AP) – An appeals court has dismissed lawsuits against two school districts filed by former students who claimed they were sexually abused by educators. In a pair of decisions Wednesday, the Iowa Court of Appeals clarified that all injury claims against government agencies must be brought within two years under the Iowa Municipal Tort Claims Act.

The court rejected arguments that other laws give abuse victims up to five years to sue school employees or longer if the harm isn’t discovered until later. It says lawsuits against offenders can be brought later but those against the school district must be filed within two years of the abuse.

The rulings uphold decisions dismissing lawsuits against the Iowa City Community School District and the Dubuque Community School District due to the statute of limitations.

The Fremont County Sheriff’s Office has issued a warning to persons who use the social media site Facebook, with regard to “friends” and a government benefits scam. On Monday, the Fremont County Sheriff’s Office was contacted by a citizen from Sidney about a possible scam that happened on Facebook. During the course of the investigation it appears that the victim received a friend request from someone she was already friends with.

The scammer posing as the friend, even with pictures and information from that friend, said that she could receive extra government benefits if she clicked a link. It appears that the link opened up her phone so it could be downloaded remotely. The victim gave some information to the scammer but became nervous and did not give any financial or vital personal information.

If you receive a friend request from someone that is already on your Friends List do not accept the request and contact the person you know to make them aware of the hacking. If you notify Facebook they can disable the fraudulent account.

Always be wary of any offers you receive from the internet. There are numerous scams going on at this time from counterfeit checks for payments of things being sold online and including individuals posing as Publishers Clearing House.

The foggy days we saw in January could be an indication of the type of weather farmers ace this spring. Iowa State University Extension Climatologist Elwynn Taylor says it may be folklore, but there is some reasonable evidence to think it will be a wet one. “The folklore message is ‘if you have fog in January, you are going to have a wet planting season.’ Or some people say, 90 or 100 days later it’s going to be awfully wet,” Taylor says. “There is some fact behind that because — why would the fog come in — we’ve started to get the flow from the Gulf of Mexico, which is what brings us our moisture.”

He says this year fits the pattern that can give us a wet spring. “It doesn’t mean we always will, but that was the first point we looked at. Be ready for it to be on the wet side of usual at planting time,” he says. While a wet spring is a possibility, Taylor says another better than average yield is also a possibility.

“That is a distinct possibility — now of course everyone who has farmed in the Midwest knows for many years knows that it’s rare to go more than two or three years with above trend-line yield,” Taylor says. “This would be the fourth year. But it does happen. IN fact, five isn’t an unheard of number of years for staying above trend before it dips back below.”

(Radio Iowa)

The U-S Army Corps of Engineers predicts several waterways in Iowa and elsewhere will flood this spring, based on current snowpack conditions in the Missouri River basin. Hydrologist Kevin Low, in the Corps’ Omaha office, says the upper basin snowpack varies. “The Upper Missouri above Fort Peck is below average, the Yellowstone is above average and both North and South Platte headwaters have above-average snowpack,” Low says. “By this point in the winter, we’d normally have went through a bit over 60% of the seasonal peak snow-water accumulation period, so being over halfway, we still could see significant changes with this mountain snowpack.”

Low says with the condition of the current snowpack, rivers in the region will go over their banks this spring in Iowa, Nebraska, Montana and the Dakotas, and the list includes: “The Floyd, Big Sioux and Little Sioux basins in Iowa,” he says.

There has already been some flooding of tributaries due to ice jams. “No significant impacts have been reported to date in connection with these ice jams,” Low says. “Ice jamming is not uncommon in the Missouri basin and we will continue to monitor the rivers for its continued occurrence as we move later into the winter and early spring.”

The Corps’ forecast includes above-average run-off into the Missouri River basin for February, March and April.

(Radio Iowa)

Atlantic Police Chief Dave Erickson reports officers with the Atlantic Police Department have take a pledge to keep tobacco, alternative nicotine and vapor products out of the hands of youth in the community. Known as “I-Pledge,” the program is a partnership with the Iowa Alcoholic Beverages Division (ABD), to educate local retailers and to enforce Iowa’s tobacco, alternative nicotine and vapor product laws.

Due to a change in Iowa law, alternative nicotine and vapor products are now considered age-restricted products and will be part of the I-PLEDGE program’s compliance initiatives this year. Since the program’s inception in 2000, the statewide tobacco compliance rate has grown to 91%. By participating in the program, the A-PD Office has committed to do its part to increase the compliance rate even more this year.

I-PLEDGE places emphasis on retailer training. Clerks who successfully complete an online training course and then pass an exam will become I-PLEDGE certified. This allows a retail establishment to use an affirm­ative defense against a civil penalty if the certified clerk makes an illegal sale. Chief Erickson says “I-PLEDGE’s retailer training is a great way for clerks to prepare themselves to refuse illegal tobacco, alternative nicotine and vapor product sales. The training also assists retailers to ensure they maintain a compliant and responsible establishment.”

Atlantic Police Officers will be conducting compliance checks on local establishments as part of the I-PLEDGE program. Underage customers, under the supervision of law enforcement officials, will enter establishments and attempt to buy tobacco, alternative nicotine and vapor products. Clerks who make the illegal sale will be cited on the spot.

Criminal penalties for selling tobacco, alternative nicotine and vapor products to a minor include a $100 fine for a first offense, a $250 fine for a second offense and a $500 fine for third and subsequent offenses. However, handing out citations is not the intent of the I-PLEDGE program.

Erickson says “By partnering with the Iowa Alcoholic Beverages Division, we hope to educate clerks and maintain a com­pliant retail environment in our community. Moreover, we pledge to help keep tobacco, alternative nicotine and vapor products out of the hands of Iowa’s youth.” To take the I-PLEDGE training or search certification records go to www.iowaabd.com.

Officials with the City of Harlan report a SNOW EMERGENCY has been declared for Thursday, Feb. 9th. That means NO PARKING on the City’s North/South streets from 8-a.m. until Noon, Thursday. There will also be NO PARKING on the East/West streets in Harlan, from 1-until 5-p.m., Thursday.

Violators of the Ordinance will receive a $25 ticket and risk having their vehicle towed at the owner’s expense.

A traffic stop in Pottawattamie County Tuesday night on a vehicle with an improper registration plate, resulted in the arrest of a man on an OWI charge. Pott. County Sheriff’s Officials say 55-year old Robert Wayne Henry, of Macedonia, was arrested at around 7:30-p.m. for OWI/2nd offense after a Deputy observed an odor of alcohol. Henry took a standard Field Sobriety Test at the scene, but refused to take a Preliminary Breath Test.

The Pottawattamie County Sheriff’s Office reports a man from Shelby County who was wanted for failing to report to the Council Bluffs Work Release Facilty on Sunday, was arrested at around 3:30 this (Wednesday) morning at the Casey’s Store, in Avoca. 26-year old Colton Edward Benson-Blaine was detained by Shelby County Deputies until a Pott. County Deputy could arrive on the scene and transported the man to the Pott. County Jail.

According to the Iowa Department of Corrections, Benson-Blaine was sentenced to 12 years in prison in 2011 after being found guilty in Shelby County of voluntary manslaughter in the death of 39-year old Jay Anthony Casali at a home in Harlan.  He was also wanted most recently in Pottawattamie County, for operating a vehicle without consent and escape. He was transferred to work release on January 24th, 2017. The man previously failed to return from Work Release in April 2016 and in Oct. of 2014.

Colton Benson-Blaine

The Iowa Department of Transportation reports Interstate 80 westbound is closed between the Shelby and Minden Exits due to a crash involving multiple semi tractor-trailers. The accident happened sometime prior to 7-a.m. (As of 8:20-a.m., the DOT reported traffic was at a “Standstill” at the Avoca Exit on I-80 westbound) Westbound traffic was being routed south on Highway 59 to Highway 6 back to I-80 near Council Bluffs. No other details are available.

Photo submitted

The Creston Police Department reports three people were arrested Tuesday on separate charges, and one person was arrested this (Wednesday) morning. 39-year old Michael Johns, of Creston, was arrested just after 6-a.m. today (Wed.), on a Union County warrant for Violation of Parole. Johns was being held without bond in the jail.

Tuesday night, 57-year old Michael Fry, of Creston, was arrested on a Union County warrant for Failure to Serve his sentence, on an original charge of Driving While Barred. Fry was being held in the Union County Jail until his sentence is served. Tuesday morning, 37-year old Dustin Kilgore and 39-year old John Burgoyne, both of Creston, were arrested. Kilgore was taken into custody for Theft in the 5th Degree. He was subsequently released on a promise to appear in court. Burgoyne was arrested at the Union County LEC on a warrant for Violation of a No Contact/Protective Order. Burgoyne was also released on a Promise to Appear.

And, a Greenfield woman reported to Creston Police Tuesday morning, that sometime around 11:30-p.m. Monday, her 1993 Cadillac DeVille was taken from the 400 block of New York Avenue, in Creston. The car was recovered about nine hours later in the 800 block of W. Adams Street.