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193280P.pdf   05/11/2021  T.S.H.  v.  Green
   U.S. Court of Appeals Case No:  19-3280
   U.S. District Court for the Western District of Missouri - St. Joseph   
[PUBLISHED] [Colloton, Author, with Melloy and Kelly, Circuit Judges] Civil case - Civil rights. In action alleging the plaintiff high school students were seized in violation of their constitutional rights when defendants, Northwest Missouri State police officers, instructed the students' high school coach to assemble them in a room for questioning about a "peeping tom" incident that occurred during a summer football camp, the district court denied the officers' motion for summary judgment based on qualified immunity. Held: reasonable officers could have believed that probable cause was not required to to ask the students' coach to seize the students and detain them in a room for questioning and investigation; in light of this court's decisions, the students had no clearly established right to be free from a seizure instigated by the defendants if it passed muster under a standard of reasonableness; further, the officers could reasonably believe that they were authorized to investigate the incident to comply with their obligations under both Title IX and Missouri law regarding invasion of privacy; the seizure was reasonable in scope and duration;the officers were entitled to dismissal of the students' claims under 18 U.S.C. Sec. 5033 and 5038 as the statutes are inapplicable, Judge Kelly, concurring in part and dissenting in part.