“Plaintiff may not maintain an action on behalf for her child for this removal because ‘Fourth Amendment rights are personal rights which … may not be vicariously asserted.’ Alderman v. United States, 394 U.S. 165, 174 (1969); Southerland v. City of New York, 680 F.3d 127, 143 (2d Cir. 2011) (‘A Fourth Amendment child-seizure claim belongs only to the child, not to the parent’); …” Reeves v. New York, 2022 U.S. Dist. LEXIS 42690 (N.D.N.Y. Mar. 10, 2022).* See Grae-El v. City of Seattle, 2022 U.S. Dist. LEXIS 43007 (W.D.Wash. Mar. 10, 2022)* (same).
Plaintiff’s version of the facts of her being taken down and injured during a disorderly conduct arrest overcame qualified immunity, so there was no jurisdiction for this appeal. Windsor-Hart v. Genesee Twp., 2022 U.S. App. LEXIS 6260 (6th Cir. Mar. 9, 2022).* Compare King v. City of Columbus, 2022 U.S. App. LEXIS 6305 (6th Cir. Mar. 10, 2022) (factual dispute intertwined, so this is referred to the merits panel).