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Russell v. Santander Consumer USA, Inc.
Citation:
2020 WL 3077944 (E.D. Wis. 2020)Facts
On October 14, 2018, at around 10:45 a.m., Steven Russell heard his car alarm and was informed by a friend that someone was taking his vehicle. He looked outside, saw the hood of his Dodge Journey up, and retrieved his gun for protection. Russell then waited behind the vehicle while a man, Sancinati, attempted to disconnect the car battery. When Sancinati came to the back of the vehicle, Russell asked what he was doing. Sancinati explained he was repossessing the car and tried to show paperwork, but Russell told him to leave, warning he had a gun (which he did not remove from his pocket). Sancinati then stopped and drove away.
Sancinati’s account differs, claiming Russell pointed a loaded gun at him. After Russell ordered him off the property, Sancinati parked down the street and called the police, reporting that Russell had threatened him with a gun. About 30 minutes later, police arrived, searched Russell, and handcuffed him, placing him in the squad car. Russell remained there for 22 minutes, during which time Sancinati was told by police that he could repossess the vehicle, which he did.
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