Lisa Y.S. West v. Deputy Terry Davis

Although I concur in the majority’s treatment of West’s state claim, I respectfully dissent from its analysis of the claim brought pursuant to 42 U.S.C. § 1983. Accepting West’s factual allegations as true, she suffered no seizure that might trigger Fourth Amendment scrutiny. Her claim must therefore be analyzed under the Fourteenth Amendment’s substantive due process standard. And regardless of whether her claim is analyzed under the Fourth or Fourteenth Amendment standard, Davis is entitled to summary judgment. Accordingly, I would affirm the district court’s decision.

I

I disagree with the…