Rose Marie Reyes v. Michael Maschmeier

BIRCH, Circuit Judge:

In this case, we review a nuanced application of the Fourth Amendment in the public employment realm. Rose Marie Reyes brought a claim under 42 U.S.C. § 1983 alleging that she was unconstitutionally seized when she was struck by Michael Maschmeier, her supervisor and a sergeant in the county sheriffs office, and subsequently berated in an open door meeting. The district court denied the claim, reasoning that the force used was not unreasonable, but we, however, conclude that there was never a seizure within the constitutional meaning of that word and AFFIRM on that ground.