A mere shove was not a Fourth Amendment seizure nor excessive force. Martinez v. Sasse, 2022 U.S. App. LEXIS 16624 (8th Cir. June 16, 2022):
Although the claim here alleges use of excessive force, the parties dispute the threshold question whether Sasse seized Martinez at all within the meaning of the Fourth Amendment. Martinez argues that Sasse effected a seizure when she pushed Martinez to the ground before locking the doors to the ICE facility. Sasse maintains, however, that when an officer’s use of force is designed only to repel a person from entering a facility, there is no seizure. On that view, Martinez may have a tort claim against Sasse for assault or battery if the officer used unjustified force, but Sasse did not violate the Fourth Amendment.