S.D.Ill.: CPS seizing child from home can be a 4A claim

A governmental actor taking a child from the home is determined under the Fourth Amendment if substantive due process does not apply. Brokaw v. Mercer County, 235 F.3d 1000, 1017-18 (7th Cir. 2000). H.P. v. Kelley, 2022 U.S. Dist. LEXIS 30074 (S.D.Ill. Feb. 18, 2022).*

The district court correctly determined that officers’ use of deadly force was not constitutionally excessive under the Fourth Amendment, as the officers reasonably believed that a suspect running towards one of the officers in the presence of bystanders armed with a semiautomatic pistol and refusing to obey audible police commands to drop his weapon posed a threat of serious physical harm to themselves and bystanders. Wilson v. City of Bastrop, 2022 U.S. App. LEXIS 4600 (5th Cir. Feb. 21, 2022).*

Plaintiff’s complaint seeking to nullify his public intox conviction in state court is barred by Heck. His claim his arrest was without probable cause is time barred. Winningham v. Seiders, 2022 U.S. Dist. LEXIS 30970 (E.D.Ark. Feb. 22, 2022).*