Hensley v. Gassman, No. 11-1071 (6th Cir. 2012)
Annotate this CaseGassman and Wottrich went to the Hensley residenceto repossess a car. They requested police presence because Hensley’s conduct during a previous repossession resulted in an assault charge against Hensley. The deputies did not read Gassman’s documents. Sheila Hensley woke up, stated that her payments were up to date, got into the car, started it, locked the doors, and briefly dragged the towtruck. She refused to exit the vehicle, even after the car had been pulled to the road. The deputies used a hammer to break a window, unlock the doors, and pull Sheila from the car. After the car was towed, it was determined that Sheila was correct and the car was returned. Later the deputies obtained a warrant, charging assault with a dangerous weapon, based on her pulling the tow truck toward Gassman and Wottrich while they were on the ground. Sheila pled no contest to felonious assault and to misdemeanor attempted aggravated assault, then filed suit under 42 U.S.C. 1983.The district court rejected Fourth Amendment claims, based on qualified immunity, and dismissed conspiracy and state-law claims. The Sixth Circuit reversed in part. A reasonable jury could find that extraction of Sheila from the vehicle she was entitled to possess was unreasonable.
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