United States District Court, W.D. Oklahoma
(1) KELLY A. HENSLEY, an individual, Plaintiff,
(1) THE CITY OF NICHOLS HILLS, a municipal corporation; (2) MICHAEL PUCKETT, Individually (3) JORDAN CORN, Individually; and (4) STEVEN COX, in his Official Capacity Defendants.
L. RUSSELL UNITED STATES DISTRICT JUDGE.
the Court are two Motions to Dismiss in support of Defendants
City of Nichols Hills (“City”) and Steven Cox
(Doc. 11), and Defendants Michael Puckett and Jordan Corn
(Doc. 12). Plaintiff brings seven claims under 42 U.S.C.
§ 1983, the Fourth Amendment to the U.S. Constitution,
and Oklahoma law regarding her arrest and treatment by
Nichols Hills Police Department for “egging” cars
in violation of 21 Okla. St. § 1787, Molesting a
Standing Vehicle. Defendants City and Cox's Motion is
GRANTED, and Defendants Puckett and Corn's Motion is
GRANTED with respect to Claims 1, 2, 3, and 5, and DENIED
with respect to Claims 4 and 6.
Kelly Hensley is a Texas attorney who was arrested on May
1st, 2017, in Nichols Hills for throwing eggs at
several cars (“egging”) near her parents'
Oklahoma residence. Defendants are three City employees
involved with the incident: Detective Lieutenant Michael
Puckett, Officer Jordan Corn, and City Chief of Police Steven
Investigation and Charges
Nichols Hills police investigation began on February
11th, 2017, when Detective Puckett and another
City officer questioned Plaintiff and her parents at her
parents' residence about an egging that occurred earlier
that day. Doc. 1, at 4. Plaintiff denied knowledge of the
egging, but voiced her concern regarding numerous parked cars
in front of her parents' residence because she believed
they were trespassing. Id. A few weeks later,
Defendant Puckett allegedly tried to contact Plaintiff by
phone multiple times to no avail-Plaintiff claims she
received no such call. Id. at 5-6.
March 14th, Defendant Puckett submitted a probable
cause affidavit to the District Attorney's Office to
support an arrest warrant for Plaintiff. The affidavit cited
an eyewitness who described the egging suspect as having
“sandy colored shoulder length hair and wearing a white
blouse and light colored pants, possibly khaki.” Doc.
1, at 5. The witness “wasn't sure if [Kelly] was
the woman throwing the eggs and who he talked to at the door
but was sure enough that he convinced himself that it
was.” Id. He further stated, “I think
she looked like the person throwing the eggs, but cannot
swear to it.” Id. The affidavit also read that
Plaintiff failed to return Defendant Puckett's calls.
Plaintiff denies egging cars and maintains her innocence.
Id. at 6. She claims that unlike the described
suspect, Plaintiff has “long distinctive dark brown
curly hair that is mid-back length” and was wearing
“dark blue ripped jeans.” Id. at 5.
Oklahoma County District Attorney charged Plaintiff on April
28, 2017, with Molesting a Standing Vehicle for willfully and
knowingly egging five cars without the owners' consent.
See Doc. 18-2. 21 Okla. St. § 1787 makes it a
crime to “deface or injure [any] automobile or motor
vehicle, or to ‘molest . . . any automobile' . . .
without the consent of the owner of such automobile or motor
Arrest and Detention
claims she was arrested on May 1st, 2017, in a
“hostile and unprofessional” manner. Doc. 1, at
9. Defendants Corn and Puckett pulled Plaintiff mother's
car over and asked her and Plaintiff to exit the vehicle.
Id. at 8-9. Corn then asked Plaintiff to identify
herself, handcuffed her, and read the charges aloud.
Id. The handcuffs pinched Plaintiff's wrists
tightly and Corn allegedly pushed her head to place her in
the police vehicle. Id. As the Plaintiff sat on top
of her cuffed hands in the backseat with the seatbelt
restraining her neck, Corn searched through her purse.
Id. at 9-10. Plaintiff claims that despite
complaining of carpal tunnel pain and the tight handcuffs,
Corn and Puckett refused to loosen them-Corn merely
instructed her to keep her thumbs pointed upward.
Id. at 10.
was Plaintiff's brief stint in the Oklahoma County jail,
which she alleges was especially humiliating, frightening,
and dangerous. Plaintiff was un-handcuffed, frisked by a
female guard, photographed, fingerprinted, and booked.
Id. at 11. She then spent five to six hours in a
holding cell until her attorney could bail her out.
Id. at 12.
Plaintiff claims that Defendant Cox conducted a defamatory
news interview with KFOR-TV that caused her severe
“public ridicule” and “hatred.”
Id. at 13. Defendant Cox's alleged false
statements include that Plaintiff lives with her parents,
that Plaintiff was seen on surveillance video egging cars,
and implying that Plaintiff is guilty of egging: “I
couldn't even imagine why someone would be upset why cars
were parked on the street, on the public street,
legally.” Id. at 12-13, 18.
District Attorney moved to recall Plaintiff's arrest
warrant “in the best interest of justice” on May
9th, 2017 (Doc. 18-3), and the State immediately
dismissed her case.
filed the instant complaint on August 3rd, 2017,
asserting seven claims. Against the City, Puckett, and Corn:
1. Fourth Amendment illegal seizure regarding Plaintiff's
unlawful arrest and detention in Oklahoma County Jail. Doc.
1, at 15.
2. Fourth Amendment excessive and/or unreasonable use of
force during her arrest. Doc. 1, at 15-16.
3. Fourth Amendment malicious prosecution. Doc. 1, at 16.
4. Fourth Amendment illegal search of Plaintiff's purse
subsequent to ...