Radvansky v. City of Olmsted Falls, 03-3798.

Citation395 F.3d 291
Decision Date14 January 2005
Docket NumberNo. 03-3798.,03-3798.
PartiesGeoffrey M. RADVANSKY, Plaintiff-Appellant, v. CITY OF OLMSTED FALLS et al., Defendants-Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

L. Bryan Carr, L. Bryan Carr Company, Mayfield Heights, Ohio, for Appellant.

John T. McLandrich, Mazanec, Raskin & Ryder, Cleveland, Ohio, for Appellees.

L. Bryan Carr, L. Bryan Carr Company, Mayfield Heights, Ohio, Leonard F. Carr, Leonard F. Carr Company, Mayfield Heights, Ohio, for Appellant.

John T. McLandrich, Robert F. Cathcart, Mazanec, Raskin & Ryder, Cleveland, Ohio, for Appellees.

Before: SILER, MOORE, and COLE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant Geoffrey M. Radvansky ("Radvansky") appeals the district court's grant of summary judgment in favor of Defendants-Appellees, the City of Olmsted Falls ("the City"), Police Chief Jeffrey Rice ("Rice"), Detective Thomas Caine ("Caine"), Officer Ralph Saxer ("Saxer"), and Officer Thomas Telegdy ("Telegdy") (hereinafter "Appellees"). Radvansky was arrested by Telegdy and Saxer after breaking into a house, in which he was renting a room. Despite the officers' pre-existing knowledge that he was currently involved in a dispute with his landlord, his repeated protestations that he lived there, undisputed documentary evidence which supported that claim, and the presence of his personal property, clothing and furnishings within the house, Radvansky was placed under arrest for burglary. Eventually, the county prosecutor entered a nolle prosequi, dismissing all the charges against him. Radvansky brought suit under 42 U.S.C. § 1983 alleging a violation of several of his constitutional rights as well as a number of state-law claims. The district court granted the defendants' motion for summary judgment on all of the § 1983 claims, finding that there was probable cause for the arrest. Furthermore, because it concluded there was no constitutional violation, the district court granted the defendants summary judgment on the remaining federal and state-law claims as well. The district court erred, however, both in determining that there was probable cause to arrest Radvansky and that Telegdy and Saxer were entitled to qualified immunity. Therefore, the decision below is REVERSED with respect to the Fourth Amendment claim against Telegdy and Saxer but AFFIRMED in all other respects on other grounds.

I. BACKGROUND

The events in this case stem from Radvansky's arrest on May 15, 2001, for burglary of Derrick Rosemark's ("Rosemark") house located at 26060 Redwood Drive (the "Redwood Drive residence") in Olmsted Falls, Ohio. Since June 21, 2000, Radvansky had been living as a tenant at that residence, pursuant to an oral agreement whereby he paid Rosemark $450 in rent each month.1 Radvansky has stated that his rent was fully paid, with the exception of $60 more that he owed for the month of May 2001.

Around the end of April or beginning of May 2001, Rosemark called the Olmsted Falls Police Department and spoke with Detective Caine. Rosemark informed Caine that Radvansky had been living at Rosemark's residence but left for Florida still owing Rosemark money. Rosemark asked how to recover the money owed to him and expressed concern that Radvansky still had possession of keys to the premises. Despite recognizing that this was a civil dispute between the two parties, Caine, a police detective, gave legal advice to Radvansky that contravened Ohio law. Caine told Rosemark he should contact a lawyer to get his money back but that "You can change the locks if you want." J.A. at 677 (Caine Dep.). Ohio law prohibits a landlord from excluding a tenant from the premises for the purpose of recovering possession of the residence. Ohio Rev.Code Ann. § 5321.15. Caine suggested that if Rosemark did indeed change the locks, he should inform Radvansky not to break into the house.

After spending the weekend at a friend's house, Radvansky returned to the Redwood Drive residence on Sunday, May 13, 2001, and found a note posted on the door from Rosemark, informing Radvansky that he was now locked out.2 Radvansky stated in his deposition that he proceeded to call Rosemark at his place of employment, but that the latter "would not reason with [him]." J.A. at 831-32 (Radvansky Dep.). Realizing that he could not enter the house, Radvansky left the premises.

Radvansky returned the following night, Monday, May 14, 2001, only to find that he was still locked out of the premises. At that point, Radvansky crossed the street, introduced himself to a neighbor, Ken Winland ("Winland"), and informed him of the situation. Winland stated at his deposition that he recognized Radvansky as one of the two individuals who lived across the street. Radvansky told Winland that Rosemark was using drugs and had locked him out of the house. Radvansky explained that "[he] just wanted to get [his] firearms out of [his] locked bedroom."3 J.A. at 838 (Radvansky Dep.). Winland stated that Radvansky asked him if he had "a butter knife or something I can use to break in across the street?" J.A. at 1273 (Winland Dep.). Radvansky claimed that Winland provided him with a folding blade, but he was unable to gain entrance into the house with it. Radvansky went back to the Winland house and returned the knife. Radvansky showed Winland the note which Rosemark had written him and then left. Winland asserted that he never gave Radvansky a knife or any other tool to break into the house, but rather suggested that Radvansky call the police to gain entrance. Furthermore, after Radvansky left, Winland walked inside his house and told his wife to call the police. Winland stated that he was present when his wife called 911, and he heard her tell the dispatcher that the guy living across the street was attempting to break in to get his belongings.

The Olmsted Falls Police Department fielded the call from the Winlands and dispatched Officer Telegdy and Sergeant Daniel Gilles ("Gilles").4 Both Telegdy and Gilles stated in their depositions that they found it unusual that a burglar would ask a neighbor for a tool to break into a house. J.A. at 743 (Gilles Dep.), 1167-68 (Telegdy Dep.). Gilles was aware of the conversation between Rosemark and Caine which took place a few weeks earlier and that he knew there was "a civil problem with Mr. Radvansky, as far as payment." J.A. at 732 (Gilles Dep.). When responding to the call on the night of May 14, however, Gilles claimed that he did not make the connection between the Caine conversation and the 911 call. Telegdy and Gilles arrived at the Redwood Drive residence, but Radvansky had already left. After checking the house, Gilles talked to Winland, who relayed the details of his conversation with Radvansky. By that point, Rosemark arrived at the residence and spoke with Gilles. Rosemark informed Gilles that Radvansky used to live at the house but did not any longer. Telegdy stated that Rosemark informed them that Radvansky had property in the house and that there was a dispute between Radvansky and Rosemark about money. After ensuring that the premises were secure, the officers left the scene.5

The next night, Tuesday, May 15, 2001, Radvansky again returned to the Redwood Drive residence to collect his possessions. He brought a curtain rod with him in order to lift the block of wood used to secure the back door. After he failed to gain entry with the curtain rod, Radvansky broke both a screen and a window and crawled into the house. Once inside, he retrieved a stun gun he had hidden in the rafters, cleaned up the broken glass, and then went to retrieve his guns from his locked bedroom. When he reached his bedroom, he found that the door knob had been broken off, the contents of the room had been scattered, and the guns were missing.

Meanwhile, Winland had seen Radvansky walking down the street with the curtain rod and once again told his wife to call the police. Officer Telegdy, this time along with Officer Saxer, responded to the call. Saxer stated that at the start of his shift on May 15, he read the incident reports from the prior day and was aware that "Rosemark was the homeowner asking Mr. Radvansky to leave." J.A. at 1100 (Saxer Dep.). The dispatcher informed the police that "the same person from last evening was back." J.A. at 169 (May 15 Police Incident Rep.). On the way over to the Redwood Drive residence, Telegdy informed Saxer that a man had tried to break into the house the night before to recover his possessions. Upon their arrival, the two officers approached the house from opposite directions. Saxer walked to the back of the house and noticed the broken screen and window. He notified Telegdy about the apparent forced entry, and the officers called for additional help.

Radvansky heard the noises outside, saw the squad car, and "figured [he'd] go out through the back door and explain the situation." J.A. at 866 (Radvansky Dep.). As he saw Radvansky exit through a sliding door in the back of the house, Saxer drew his weapon and identified himself as a police officer. Telegdy also had his weapon drawn and pointed at Radvansky. Although Radvansky immediately informed the officers that he lived there, he was told to lie on the ground and was patted down and handcuffed. Radvansky stated that while on the ground, the officers "had their knees on [his] back and [his] arms" but he did not believe they were ever "maliciously attacking" him. J.A. at 868-69 (Radvansky Dep.). Radvansky complied with all of their orders. While patting him down, the officers asked if he had anything in his pockets, to which he responded that he had a stun gun. Radvansky later claimed that he either placed the stun gun down or it fell out of his pocket when he removed his keys to unlock his bedroom door. It was recovered inside the house.

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