201822P.pdf   09/08/2021  Hal Stanley  v.  Asa Hutchinson
   U.S. Court of Appeals Case No:  20-1822
   U.S. District Court for the Western District of Arkansas - Hot Springs   
   [PUBLISHED] [Loken, Author, with Wollman and Stras, Circuit Judges] 
   Civil case - Civil rights. For the court's prior opinion in the matter, 
   see Stanley v. Finnegan, 899 F.ed 623 (8th Cir. 2018). Plaintiffs alleged 
   defendants Wright and Finnegan violated the family's clearly established 
   constitutional rights in removing children to DHS protective custody at 
   the end of a five-hour home search. The district court properly applied 
   the exigent circumstances test set out in Heartland Acad. Cmty. Church v. 
   Waddle, 427 F.3d 525 (8th Cir. 2004) in granting defendants summary 
   judgment; further, the removal was ordered in executing a warrant issued 
   by a magistrate who was advised removal was intended; additionally, even 
   if the Fourth Amendment applied in this situation, an issue the court does 
   not decide, the defendants are entitled to qualified immunity because it 
   was not clearly established that it applied in the Eighth Circuit when the 
   children were removed; with respect to the administrative proceedings 
   following the children's removal, Finnegan was entitled to qualified 
   immunity on plaintiffs' due process claims, as there was no evidence her 
   determinations and testimony in the administrative and judicial 
   proceedings were fabricated or came anywhere near the level of 
   consciences-shocking behavior.