DAVENPORT, Iowa —

The Iowa Supreme Court has dismissed Davenport's appeal for qualified immunity, allowing lawsuits over the 2023 apartment collapse to proceed.

Justices said immunity only applies to constitutional or statutory claims, not the negligence and nuisance claims filed by survivors, victims' families, and insurers.

The ruling that was published on Friday does not decide liability but sends the consolidated cases back to Scott County to proceed.

Three people died in the partial collapse on Memorial Day weekend in May 2023.

Watch: Iowa Supreme Court hears arguments in Davenport building collapse case

'I wanted to live': Survivor of Davenport apartment collapse didn't hesitate to have leg amputated

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