A Fourth Amendment child seizure claim requires the child be a party, even if the parents assert the child\u2019s rights. Spahr v. Collins, 2021 U.S. Dist. LEXIS 241127 (D.Del. Dec. 17, 2021).<\/p>\n\n\n\n
Defendant in his 2255 cannot show defense counsel was ineffective for not moving to suppress where defendant had no standing anyway. Nettles v. United States, 2021 U.S. Dist. LEXIS 241260 (E.D.Mo. Dec. 17, 2021).*<\/p>\n\n\n\n
Under plaintiff\u2019s version of events, the law was clearly established that a false child abuse investigator\u2019s report leading to an arrest would violate the Fourth Amendment and Franks. The parties dispute the falsity, and a jury will decide. Qualified immunity denied. O’Connell v. Tuggle<\/a>, 2021 U.S. App. LEXIS 37190 (10th Cir. Dec. 16, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":" A Fourth Amendment child seizure claim requires the child be a party, even if the parents assert the child\u2019s rights. Spahr v. Collins, 2021 U.S. Dist. LEXIS 241127 (D.Del. Dec. 17, 2021). Defendant in his 2255 cannot show defense counsel … Continue reading