Judge dismisses second lawsuit filed by mother of Anamosa prison nurse killed in 2021

ANAMOSA — The second lawsuit filed by the mother of a nurse killed by two Anamosa prison inmates in 2021 has been dismissed because the mother failed to exhaust administrative remedies with the State Appeal Board.

The first lawsuit was tossed out by a judge last year because the estate of Lorena Schulte, 50, of Cedar Rapids — who was killed, along with correctional officer Robert McFarland, 46, of Ely, on March 23, 2021 — was inadvertently closed at the time the petition was filed. The second lawsuit was filed in Jones County District Court in January.

That second lawsuit was dismissed Monday by 6th Judicial District Judge Mike Harris because Stephanie Schulte, the mother of Lorena Schulte, who filed the claim individually and as the administrator of her daughter’s estate, failed to exhaust her administrative remedies with the State Appeal Board.

It was the argument presented to the court by the defendants — the state, Iowa Department of Corrections, Anamosa State Penitentiary, Corrections Director Beth Skinner and other prison officials individually named — in their motion to dismiss the lawsuit.

Sam Jones, the lawyer for Stephanie Schulte, didn’t immediately respond for comment.

The defendants also argued the only “properly named” defendant in the lawsuit is the state of Iowa because the others named are either employees of the state or agencies of the state and, under Iowa law, can’t be sued.

Harris agreed and ruled the other defendants should be dismissed and that the state should be the sole defendant.

Harris also granted the dismissal under the defendant’s argument that a wrongful death claim can’t be brought by surviving relatives — only the estate of Lorena Schulte can file those claims against the state.

Harris also found that some of the claims asserted by Stephanie Schulte, as the estate administrator, would be allowed to proceed.

However, since Stephanie Schulte, as administrator and individually, hadn’t completed what’s required under law for this kind of civil claim and hadn’t received a final disposition from the State Appeals Board, the lawsuit can’t go forward and was dismissed, Harris stated.

The second lawsuit stated two claims were submitted to the State Appeal Board and, when the board didn’t respond after six months, they were withdrawn — meaning Schulte had “exhausted all administrative remedies” under Iowa law and could file a civil action.

However, Harris ruled the claims were filed when the estate of Lorena Schulte was closed and Stephanie Schulte was discharged as administrator.

Although the estate was reopened and Stephanie Schulte was appointed as administrator on April 17, 2023, the statute of limitations passed on March 23, 2023, according to the ruling.

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Two deaths

Schulte and McFarland were bludgeoned to death with hammers that inmates, Thomas Woodward, then 34, and Michael Dutcher, then 28, had taken from the Prison Industries program during an failed escape attempt.

A prison dental assistant, Lori Mathes, and another inmate, McKinley Roby, who tried to assist those being attacked, also were injured in the attack.

Woodward and Dutcher pleaded guilty to two counts of first-degree murder, one count each of attempted murder and second-degree kidnapping. Both were sentenced to life in prison without parole.

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