Sheila Hensley, et al v. Ronald Gassman, et al

Filing

OPINION and JUDGMENT filed: The Deputies' cross-appeal in Case 11-1129 is DISMISSED for lack of jurisdiction. The district court's grant of summary judgment to the Deputies on the Hensleys' Fourth Amendment claim based on qualified immunity is REVERSED. The portion of the district court's order denying the Hensleys' motion for summary judgment on the Fourth Amendment claims is VACATED. The district court's grant of summary judgment on the Hensleys' [section] 1983 conspiracy claim is AFFIRMED. The portion of the district court's order declining supplemental jurisdiction over the Hensleys' state law claims is VACATED. The case is REMANDED to the district court for further proceedings. Decision for publication pursuant to local rule 206. Alice M. Batchelder, Chief Circuit Judge; David W. McKeague, Circuit Judge; Gordon J. Quist (AUTHORING), Senior U.S. District Judge for the Western District of Michigan, sitting by designation. [11-1071, 11-1129]

Case: 11-1071

Document: 006111428361

Filed: 09/11/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 11-1071/1129
SHEILA HENSLEY and McCLELLAN HENSLEY, SR.,
Plaintiffs - Appellants/Cross-Appellees
(11-1071 & 11-1129),

FILED
Sep 11, 2012
DEBORAH S. HUNT, Clerk

McCLELLAN HENSLEY, JR.,
Plaintiff - Appellee (11-1129),
v.
RONALD GASSMAN, d/b/a REPORON,
Defendant - Appellee (11-1071),
KEVIN SCOTT and BRIAN GILBERT, JR.,
Defendants - Appellees/Cross-Appellants
(11-1071 & 11-1129),
HOWIE S. HANFT, BURNS LIQUIDATING, LLC
f/k/a BURNS RECOVERY, LLC,
Defendants.
Before: BATCHELDER, Chief Judge; McKEAGUE, Circuit Judge; QUIST, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that (1) the Deputies’ cross-appeal in Case No. 11-1129
is DISMISSED for lack of jurisdiction, (2) the district court’s grant of summary judgment to the Deputies on the
Hensleys’ Fourth Amendment claim based on qualified immunity is REVERSED, (3) the portion of the district court’s
order denying the Hensleys’ motion for summary judgment on the Fourth Amendment claim is VACATED, (4) the district
court’s grant of summary judgment on the Hensleys’ § 1983 conspiracy claim is AFFIRMED, and (5) the portion of the
district court’s order declining supplemental jurisdiction over the Hensleys’ state law claims is VACATED. IT IS
FURTHER ORDERED that the case is REMANDED to the district court consistent with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk