8th Circ. Tosses 4th Amendment Claim In Atty Shoving Suit – Law360
Category: Fourth Amendment
By Nicole Rosenthal (June 17, 2022, 4:59 PM EDT) -- The Eighth Circuit has overturned a Missouri district court's denial of qualified immunity to an Immigration and Customs Enforcement officer who allegedly pushed and injured an immigration attorney, saying the push did not qualify as a seizure violating the Fourth Amendment.
A three-judge panel ruled Thursday that the lower court used an incorrect definition of "seizure" to conclude that ICE officer Ronnet Sasse "seized" Andrea Martinez and allegedly shoved her to the ground as she tried to enter an ICE facility. Martinez says she sustained a fractured foot, a concussion, bleeding and torn pants.
Leaning on the U.S. Supreme Court's definition...
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8th Circ. Tosses 4th Amendment Claim In Atty Shoving Suit - Law360
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