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


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]

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Case: 11-1071 Document: 006111428362 Filed: 09/11/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 Filed: September 11, 2012 Mr. J. Nicholas Bostic 909 N. Washington Avenue Lansing, MI 48906 Mr. D. Randall Gilmer Mr. G. Gus Morris McGraw Morris 2075 W. Big Beaver Road, Suite 750 Troy, MI 48084 Re: Case No. 11-1071/1129, Sheila Hensley, et al v. Ronald Gassman, et al Originating Case No. : 1:09-cv-12751 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. Ronald Gassman Mr. David J. Weaver Enclosures Mandate to issue.

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