213269P.pdf   08/01/2022  Jane Doe  v.  Becky Guffin
   U.S. Court of Appeals Case No:  21-3269
   U.S. District Court for the District of South Dakota - Northern   
   [PUBLISHED] [[Erickson, Author, with Melloy and Kobes, Circuit Judges] 
   Civil case - Civil rights. Plaintiffs alleged defendant Weisenburger 
   restrained, secluded and abused three of her special education students; 
   Weisenburger moved for summary judgment based on qualified immunity from 
   claims for infringing the Fourth and Fourteenth Amendment rights of the 
   three students, and the district court denied the motion; Weisenburger 
   appeals. Secluding special education students in a small room and 
   calm-down corner constituted seizures for Fourth Amendment purposes; 
   grabbing a student and pushing him into a swimming pool and pinning a 
   student down to strip off his clothes and force on a bathing suit also 
   rose to the level of seizures; Weisenburger's actions were a substantial 
   departure from accepted professional judgment, practice, or standards and 
   the seizures were unreasonable and a violation of the students' Fourth 
   Amendment rights; these rights were clearly established, and defendant 
   Weisenberger was not entitled qualified immunity on four different 
   violations alleged by the plaintiffs; Weisneberger was entitled to 
   qualified immunity on the students' substantive due process claims as 
   their unreasonable seizure claims must rise or fall under the Fourth 
   Amendment; without a viable substantive due process claim against 
   Weisenberger, supervisory liability claims founded on the same conduct 
   necessarily fail.