[IA] [IA] Can the sheriff be held liable for releasing a sex offender who caused a serious accident?

Hello and thank you for reaching out to AskaLawyer! I’m Jon, a licensed attorney with over 13 years of experience. I’ll do my best to make things clear and guide you toward the right solution. I need to know a little more to make sure I’m using the correct law. Which state did the accident happen in?

Do you know if he was drunk or committed any criminal act at the time of the accident?

Understood. I believe I have the information I need. Is there anything else you’d like to add before I start working on your answer?

You’re wondering why the police haven’t charged the man or released an accident report yet. Usually, it’s because they’re still investigating before making decisions—especially when someone is seriously hurt.

Being involved in a car accident doesn’t automatically mean criminal charges. Police need evidence that the driver broke the law (e.g., DUI, reckless speeding) and that this caused the injuries. A person’s prior criminal record or being on release usually doesn’t determine fault for this accident.

Investigators may interview witnesses, do an accident reconstruction, review phone records and toxicology, and look for nearby video. That can take time (Iowa Code Chapter 802).

Sometimes police delay arrests or sharing info to avoid compromising the investigation. They may be waiting for toxicology results or medical updates, or planning to interview the driver with counsel present. Since this happened just over two weeks ago, it’s not unusual for the investigation to still be ongoing.

You can:

• Call the police department’s traffic investigation unit with the case number and ask for the assigned officer/detective.
• Contact the county attorney/district attorney to see if the case has been referred.

Also note the difference between criminal and civil cases: the state decides criminal charges, but your loved one can pursue a civil claim for medical bills, lost wages, and pain and suffering regardless of whether criminal charges are filed (Iowa Code § 668A.1).

Holding a sheriff’s department responsible for harms caused by someone after release is difficult. Government entities and officials often have sovereign or qualified immunity for discretionary decisions (like custody/release), unless they acted maliciously or violated a clear legal duty or court order. “Negligent entrustment” usually doesn’t apply because the sheriff didn’t provide him a vehicle. A civil rights/government-liability attorney would need to review whether there’s any actionable failure (e.g., ignoring a court order).

That’s important because it suggests the department may have had notice of an ongoing risk. However, lawsuits against law enforcement are still challenging due to immunity doctrines and the general rule that police don’t owe a specific legal duty to protect individuals absent a “special relationship.” If you pursue this, gather records (call logs, reports) and consult a civil rights/personal injury lawyer to evaluate potential claims and any exceptions to immunity.

I hope this was helpful. If there’s anything more you need, don’t hesitate to reach out. Wishing you the best.