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.
