Jascha Chiaverini v. City of Napoleon, Ohio

NOT RECOMMENDED FOR PUBLICATION

File Name: 23a0024n.06

Case No. 21-3996

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

FILED

JASCHA CHIAVERINI; CHIAVERINI, ) Jan 11, 2023

INC., ) DEBORAH S. HUNT, Clerk

)

Plaintiffs-Appellants,

) ON APPEAL FROM THE UNITED

) STATES DISTRICT COURT FOR

v.

) THE NORTHERN DISTRICT OF

) OHIO

CITY OF NAPOLEON, OHIO, et al.,

)

Defendants-Appellees. ) OPINION

Before: MOORE, CLAY, and NALBANDIAN, Circuit Judges.

NALBANDIAN, Circuit Judge. After Jascha Chiaverini bought stolen jewelry, he faced

several demands to return the property. The rightful owners, a police letter, and several officers

requested its return. But Chiaverini refused. He instead confronted the chief of police and alluded

that he operated his business without a license. Following a police investigation, a municipal judge

issued arrest and search warrants against Chiaverini for retaining stolen property, a licensing

violation, and money laundering. And a preliminary hearing confirmed the probable cause

underlying those charges. After those charges were dropped, Chiaverini filed a 42 U.S.C. § 1983

action, alleging malicious prosecution and false arrest. Because probable cause existed, the district

court granted summary judgment on his claims. And we affirm for the same reason.

No. 21-3996, Chiaverini v. City of Napoleon, et al.

I.

Jascha Chiaverini managed a jewelry store in Napoleon, Ohio called the Diamond and Gold

Outlet.1 One day, he bought a men’s ring and a diamond earring from Brent Burns, the purported

owner of the jewelry, for $45. Before Burns left, Chiaverini completed a “buy card,”2 copied

Burns’ driver’s license, and photographed the ring and earring.

That same day, David and Christina Hill called the Outlet, asking if anyone had come in to

sell their stolen ring. Chiaverini told them to make a police report, yet David allegedly refused.

And Chiaverini denied having bought the ring they described. On the last call, David told

Chiaverini, “I know you bought it. . . . “[Y]ou bought it from Brent Burns.” At that point,

Chiaverini told David that “this conversation is ending.”

Both the Hills and Chiaverini called the police. An audio recording captured Chiaverini’s

conversation. He told a 911 dispatcher that the Hills would call “making a police report on some

jewelry.” He wanted to avoid “get[ting] into a pissing battle with” the Hills. And he asserted that

he was “just trying to be cooperative.”

Chiaverini said that he “believe[d] [he] may have [had the Hills’] property.” He clarified

that he did not know if he had the stolen jewelry, but he wanted “an officer” to come and talk to

him, not the Hills.3 But Chiaverini didn’t get what he wanted. David came to the Outlet, and the

police followed close behind.

1

Chiaverini, Inc., another plaintiff-appellant, owns that Outlet.

2

This card lists the biographical information of the seller and a description of the items sold.

3

Chief Weitzel later stated that this kind of call was common and, in his experience, not necessarily

indicative of innocence. He stated that, “I’ve seen many, many cases where somebody rushes to

the phone to make excuses.” (R. 93, Weitzel Deposition, PageID 2024.)

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

Officers David Steward and Nicholas Evanoff arrived on the scene as David “started

screaming.” David provided Officer Steward with a description of the items and stated that Burns

stole them from him earlier that week. At the same time, Officer Evanoff spoke with Chiaverini.

Chiaverini provided the officers with photos of the jewelry and gave information on Burns. Before

leaving, Officer Evanoff confirmed that the items were stolen and instructed Chiaverini not to sell

them.

Officer Steward authored the narrative report on this incident. And later, Steward added

“additional details concerning the discussion[.]” One of the updates was a statement that

Chiaverini allegedly made to Officer Evanoff. According to Steward, Chiaverini stated that “the

reason he bought the ring and kept records regarding the purchase, was because he suspected that

it was in fact stolen.” In support of this, Officer Evanoff later said that Chiaverini “stated he

believed . . . the ring to be stolen” and “[t]hat’s why he filled out the buy card, because Brent Burns

normally sold him fake jewelry.” But Chiaverini denies saying this. So the veracity of Officer

Steward’s update is in dispute.

Officer Steward justified omitting the statement from the original narrative because at the

time “Burns was the suspect, not” Chiaverini. But when Chiaverini himself became a criminal

suspect, Officer Steward updated the narrative with what he now believed to be “important

information.” And Chief Robert Weitzel explained that updating reports in this fashion occurs on

a “fairly regular basis.” He also noted that the report system automatically provides an audit trail

when someone updates a document.

Hoping to return the property to its rightful owners, the police sent a “hold letter” to

Chiaverini. Chiaverini thought the letter was internally inconsistent. First, the letter directed him

to “hold this item . . . as evidence of the crime of Theft” and to “retain[] the items.” Second, it

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

said that Chiaverini should “release these items to David or Christina Hill.” Later that day,

Christina came to the Outlet and asked for her items. Chiaverini allegedly refused to hand over

the jewelry based on the hold letter’s different directives.

The police then returned to the Outlet. And they instructed Chiaverini to release the items

to the Hills. But Chiaverini refused. He reasoned that it “would have been a criminal act[.]” And

his counsel advised him to hold onto the property.

Chiaverini confronted Chief Weitzel outside the police station two days later. Chiaverini

asked about the letter’s contradictory directives. And Weitzel said he would get back to Chiaverini

after meeting with the City’s law director. Weitzel recalled that Chiaverini said that he did not

need to comply with the hold letter and would not release the items to the Hills. This stance left

Weitzel confused, as Chiaverini had always complied in the past.

Chiaverini may have said too much. Chief Weitzel testified that Chiaverini “alluded to the

fact that he didn’t have a [precious-metal-dealers] license.” And Chief Weitzel responded, “I think

you have more problems than just this particular ring if you’re operating without a license.”4

Before this conversation, Weitzel believed that Chiaverini was licensed under Ohio law as a

precious-metals dealer. And when Weitzel found out that Chiaverini wasn’t, Weitzel knew that

Chiaverini “had no protection under the license.” On that basis, Weitzel thought Chiaverini

received stolen property without the right to retain it. So the police began another aspect to the

investigation. And after reviewing the Ohio Department of Commerce’s website, the police found

Chiaverini’s precious-metals-dealers license inactive.

4

Chiaverini purports that he told Weitzel that state law exempted him from the licensing

requirements. As we discuss below, Chiaverini has failed to produce evidence that he was exempt

from state-licensing requirements.

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

Officer Steward sent all relevant police reports to the City of Napoleon Law Director, Billy

Harmon. Chiaverini alleges that the police didn’t disclose the alterations to Steward’s report to

Harmon at the time. At any rate, from the files Harmon reviewed, he made warrant templates for

the officers to complete. For the templates, Harmon identified Chiaverini’s potential criminal

offenses as receiving stolen property, operating without a valid license as both a pawnbroker and

a precious-metals dealer, money laundering, and engaging in a pattern of corrupt activity.

Officer Evanoff applied for a search warrant. As part of the application, Evanoff signed a

Probable Cause Affidavit, stating that Chiaverini “bought a ring while suspecting that it was stolen,

and was later informed by the Napoleon Police Department that this item was confirmed stolen.”

He then stated that Chiaverini “furthered the commission of corrupt activity by refusing the return

of this stolen property.” And he added that Chiaverini “operat[ed] this business without the proper

licens[es].” Evanoff also signed criminal complaints charging Chiaverini with: (1) receiving

stolen property (Ohio Rev. Code § 2913.51(A)); (2) Ohio Precious Metals Dealers Act

(“OPMDA”) licensure violations (Ohio Rev. Code § 4782.02); and (3) money laundering (Ohio

Rev. Code § 1315.55(A)(1)).

A municipal judge signed the search and arrest warrants, which prompted the police to

search the Outlet and arrest Chiaverini.5 The officers also seized the Hills’ stolen jewelry. And

they seized items related to licenses, sales, and purchases of precious metals. After the police

arrested Chiaverini, he remained in custody for three days.

5

The judge stated, “I am satisfied that there is probable cause to believe that the above property

so described is being concealed on the premises above described and that the foregoing grounds

for application for issuance of the search warrant pursuant to Rule 41(b) of the Ohio Rules of

Criminal Procedure exist.” (R. 102-11, Search Warrant, at 1.)

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

Ten days later, the same judge who issued Chiaverini’s warrants held a preliminary

hearing. Officer Evanoff said that he confirmed with Chiaverini that the jewelry was stolen, that

the Outlet received a hold letter, and that Chiaverini had bought the jewelry knowing it may be

stolen. Chiaverini then explained why he kept the stolen property after the police requested him

to release the items. Chiaverini also challenged Evanoff’s testimony, stating he never told Evanoff

that he believed the items were stolen at the time of purchase. And although Chiaverini confirmed

he didn’t have a precious-metals-dealers license, he claimed to operate under an exemption. The

judge found that probable cause existed and bound over all charges for trial.

Later, however, a court dismissed the criminal case against Chiaverini without prejudice

for failure to be timely presented to a grand jury. And the police returned the seized items no later

than August 2017.

Chiaverini filed a complaint against Evanoff, Steward, and other individual defendants as

well as the City of Napoleon. He alleged, among other things, common law and constitutional

violations for unlawful search and seizure, malicious prosecution, and false arrest. The officers

moved for summary judgment based on qualified immunity and state-law immunity. Granting

summary judgment, the district court made a series of holdings. Most important among them was

that probable cause supported the arrest and search warrants against Chiaverini. And because the

viability of Chiaverini’s claims against the individual defendants all hinged on a lack of probable

cause, the court dismissed them. This appeal followed.6

6

The district court also held that the City of Napoleon was entitled to summary judgment on

Chiaverini’s § 1983 claims. The court reasoned that the complaint didn’t identify any city policy

or custom of deliberate indifference. Because Chiaverini didn’t argue the Monell claims against

the City in his opening brief on appeal, he has forfeited that argument. See, e.g., Island Creek

Coal Co. v. Wilkerson, 910 F.3d 254, 256 (6th Cir. 2018).

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

II.

We review a district court’s grant of summary judgment de novo. Morrissey v. Laurel

Health Care Co., 946 F.3d 292, 297 (6th Cir. 2019). Although we must view evidence in the light

most favorable to Chiaverini, he “must set forth specific facts showing that there is a genuine issue

for trial” to withstand summary judgment. Zakora v. Chrisman, 44 F.4th 452, 464 (6th Cir. 2022)

(quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).

III.

The district court found that no constitutional violation occurred, and so, qualified

immunity barred Chiaverini’s claim against the individual defendants. Qualified immunity is a

two-pronged test, and we can address either prong first. Pearson v. Callahan, 555 U.S. 223, 236

(2009). To overcome qualified immunity, a plaintiff must “show [that] the officer’s conduct

violated a constitutional right” and that the right was “clearly established.” Robertson v. Lucas,

753 F.3d 606, 615 (6th Cir. 2014) (citation omitted). This appeal concerns the first of those two

issues. And we hold that no constitutional violation occurred because probable cause supported

the arrest and search warrants.

Chiaverini makes several claims. But all fall short for a simple reason: Probable cause

justified the search, arrest, and prosecution. In reaching this decision, we ask whether the judge

arbitrarily exercised her authority and whether there was a “substantial basis” for her decision to

issue a warrant. Mills v. City of Barbourville, 389 F.3d 568, 576 (6th Cir. 2004); see United States

v. Tagg, 886 F.3d 579, 586 (6th Cir. 2018); United States v. Brown, 732 F.3d 569, 573 (6th Cir.

2013). If the judge wasn’t arbitrary and had a substantial basis for her decision, we pay “great

deference” to her probable-cause determination. Mays v. City of Dayton, 134 F.3d 809, 814 (6th

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

Cir. 1998) (quotation omitted); see United States v. Christian, 925 F.3d 305, 311–12 (6th Cir.

2019) (en banc).7

Moreover, we can affirm the district court’s decision if probable cause supports one or

more of the three charges against Chiaverini. See Darrah v. City of Oak Park, 255 F.3d 301, 311–

12 (6th Cir. 2001); Marcilis v. Twp. of Redford, 693 F.3d 589, 604 (6th Cir. 2012). He brings

false-arrest and malicious-prosecution claims based on an alleged unreasonable seizure. Because

all of those claims arise under the Fourth Amendment, their success depends on whether probable

cause supported his detention and prosecution. Howse v. Hodous, 953 F.3d 402, 409 (6th Cir.

2020), cert. denied, 141 S. Ct. 1515 (2021). If probable cause did exist for at least one of the

charges, we can conclude that he was “no more seized when [he was] detained to await prosecution

for several charges than if he were seized for just one valid charge.” Id. For that reason, even

tacked-on “meritless charges . . . [do] not change the nature of the seizure.” Id. at 409 n.3.

So long as probable cause supports at least one charge against Chiaverini (like his receipt-

of-stolen-property violation), his false-arrest and malicious-prosecution claims based on other

charges (like his money-laundering charge) also fail. Howse, 953 F.3d at 409–10. Chiaverini’s

warrants involved three charges: (i) receiving stolen property, (ii) license violations under the

7

Chiaverini says we can’t consider the state court’s issuance of a warrant and preliminary hearing.

He believes that our decision in Bradley v. Reno precludes us from considering the court’s

probable-cause finding because he couldn’t appeal it—given that his charges were dropped. 749

F.3d 553, 557 (6th Cir. 2014). But Bradley stands for a different point. That case says that we do

not give those probable-cause findings formal preclusive effect under Ohio law. Id. at 558.

Still, a judge’s decision to issue a warrant deserves “great deference.” Mays, 134 F.3d at 814

(quotation omitted). And Bradley doesn’t change that. 749 F.3d at 558 (“[A] state judge’s finding

of probable cause suggests, even if it does not prove, that the officer behaved reasonably in

thinking he had probable cause.”). So while a prior state court holding on probable cause is not a

slam-dunk defense for a state entity, courts can still consider it. In any event, the district court

didn’t blindly defer to the state court decision. It also analyzed the facts on its own after

considering the totality of the circumstances.

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

OPMDA, and (iii) money laundering. (See Appellee’s Br. at 2–3.) Here, there was probable cause

to arrest and prosecute him for both his receipt of stolen property and the licensure violation. So

all of his false-arrest and malicious-prosecution claims fail.8

A. Receiving Stolen Property

Ohio law makes it a crime to receive stolen property. It states, “No person shall receive,

retain, or dispose of property of another knowing or having reasonable cause to believe that the

property has been obtained through commission of a theft offense.” Ohio Rev. Code § 2913.51(A).

Applying the language of the statute, the officers had probable cause to believe that Chiaverini

committed the crime. He “retain[ed] . . . property of another” knowing it to be stolen (or at a

minimum having “reasonable cause to believe” that it had been stolen). Id.

In fact, Chiaverini heard several demands to return the property. He received the hold letter

from the police telling him to return the Hills’ jewelry. Several times, the Hills told Chiaverini to

return their property. And the officers did the same. With that knowledge, he refused to return

the items. So the police had probable cause to believe that he knowingly retained stolen property.

Chiaverini’s counterarguments are not persuasive. He claims that no probable cause

existed because he didn’t know the jewelry was stolen when he bought it. But the statute also

criminalizes retaining stolen property, not just buying stolen property. Ohio Rev. Code

§ 2913.51(A). And Chiaverini retained the stolen items after he knew they were stolen. So his

argument fails.

8

Chiaverini argues that Ohio’s money-laundering statute required the stolen property’s value to

exceed $1,000. Ohio Rev. Code § 2923.31(I)(2)(c). He also claims that no evidence estimated

the property’s value above $1,000. But we need not decide whether the officers had probable

cause for the money-laundering charge because probable cause existed for the other valid charges.

See Howse, 953 F.3d at 408–09.

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

Next, Chiaverini claims that the hold letter had contradictory commands. He argues that

if he released the jewelry, the State could have charged him with “conceal[ing]” or “remov[ing]”

the evidence under Ohio Revised Code § 2921.12. But the letter, the Hills, and several officers on

different occasions directed Chiaverini to return the stolen property. And the judge who issued

the warrants admitted the letter into evidence at the preliminary hearing and found the directive to

return the items unambiguous. So the letter supported probable cause rather than undercutting it.

Cf. Messerschmidt v. Millender, 565 U.S. 535, 555 (2012) (“The fact that the officers secured these

[judicial] approvals is certainly pertinent in assessing whether they could have held a reasonable

belief that the warrant was supported by probable cause.”); Bradley, 749 F.3d at 558 (“A state

judge’s finding of probable cause suggests, even if it does not prove, that the officer behaved

reasonably in thinking he had probable cause.”).

Next, Chiaverini argues that he had a possessory right over the jewelry to all but the true

owner. And absent a trial on who truly owned the property, he asserts that his property interests

outweighed the Hills’. He adds that his ownership interests in the property implicate procedural

due process. But under Ohio common law, Burns didn’t acquire good title when he stole the Hills’

property. Danopulos v. Am. Trading II, L.L.C., 69 N.E.3d 157, 159 (Ohio Ct. App. 2016). And

“‘one who purchases or acquires property from a thief,’ even in good faith, doesn’t have a right to

the possession of the goods against ‘the rightful owner.’” Id. (quoting Wacksman v. Harrell, 189

N.E.2d 146, 148 (Ohio 1963)). The police made clear that the Hills were the rightful owners.

Even more important, the OPMDA required Chiaverini to return the Hills’ stolen property

after the police told him to. His possessory interest doesn’t negate the fact that Ohio law

criminalizes retaining stolen property. See Ohio Rev. Code § 2913.51(A). And OPMDA allows

officers to recover stolen property. See Ohio Rev. Code § 4728.04; see also Liberty Coins, LLC

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

v. Goodman, 880 F.3d 274, 287 (6th Cir. 2018) (“If the ring bought by the dealer indeed appears

to be the stolen item, the dealer will then be required under the [O]PMDA to return it to its rightful

owner, [] and law enforcement will have a lead on the thief, thereby furthering the state’s

interests.”). So Chiaverini didn’t have a right to retain the items because they belonged to the Hills

and the police ordered him to return the property. And his actions gave rise to probable cause to

arrest and prosecute him for the crime of receiving stolen property.

B. The OPMDA License Violation

In addition, the facts giving rise to Chiaverini’s licensing violation support probable cause.

The OPMDA “allows for the possibility of criminal penalties.” Liberty Coins, LLC, 880 F.3d at

281–82. Ohio Revised Code § 4728.02(A) provides that, except for in some limited

circumstances, “no person shall act as a precious metals dealer without first having obtained a

license from the division of financial institutions in the department of commerce.” And whoever

violates that statute “is guilty of a misdemeanor of the first degree on a first offense[.]” Ohio Rev.

Code § 4728.99.

Chiaverini alluded to Chief Weitzel that he did not have a precious-metals-dealers license.

And that admission gave Weitzel probable cause to believe that Chiaverini was committing a

crime. See, e.g., United States v. Harris, 403 U.S. 573, 583 (1971) (explaining that “[a]dmissions

of crime . . . carry their own indicia of credibility” and are “sufficient at least to support a finding

of probable cause to search”). And Weitzel did not stop there.

He did his homework. He and other officers looked on the Ohio Department of Commerce

website and saw that Chiaverini no longer had a precious-metals-dealers license. All in all,

Chiaverini admitted to a crime, and the police duly investigated Chiaverini’s admission. On these

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

facts, the judge who issued the warrant and the district court both found probable cause. And we

agree.

Again, Chiaverini’s arguments against probable cause are unavailing. He claims that the

licensure requirements do not apply to “incidental” purchase dealers. See Ohio Rev. Code

§ 4728.11(E)(4). He next reasons that the police did not request his business records to evaluate

the applicability of the exemption before the arrest. And he adds that the officers’ affidavits should

have included information that some stores might not need a license.

But his arguments ignore the default position under the OPMDA—that unlicensed

precious-metals dealers are breaking the law. And officers need not analyze every possible defense

to a crime before securing a warrant. See Fridley v. Horrighs, 291 F.3d 867, 874 (6th Cir. 2002)

(explaining that “[w]hile officers cannot ignore exculpatory facts in reaching a probable cause

determination . . . it is not the rule that they must investigate a defendant’s legal defenses prior to

making an arrest”).

Simply put, Chiaverini’s potential defenses to a crime don’t affect the initial probable-

cause determination. Ideally, perhaps, officers investigating allegations like these might inquire

into obvious explanations or defenses that a prosecutor can consider. But nothing required the

police to investigate Chiaverini’s affirmative defense. Fridley, 291 F.3d at 873 (“[I]t is not a

routine part of the prearrest investigation for police officers to inquire into affirmative defenses.”)

Although “innocent explanations . . . may exist,” they don’t “render the [] determination of

probable cause invalid.” United States v. Martin, 289 F.3d 392, 400 (6th Cir. 2002); see United

States v. Terry, 522 F.3d 645, 648–49 (6th Cir. 2008) (explaining that probable cause “does not

require ‘near certainty,’ only a ‘fair probability’” (citation omitted)). And we have explained that

“the Fourth Amendment does not require that a police officer know a crime has occurred at the

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

time the officer arrests or searches a suspect.” United States v. Strickland, 144 F.3d 412, 415 (6th

Cir. 1998).

Still, Chiaverini asserts that a warrant application should include all material information

so that a magistrate can properly weigh the facts. But because the officers did not know about

Chiaverini’s exemption status, no material omission occurred. And even if the officers had listed

the exemption, a court could still find probable cause because no evidence showed that Chiaverini

qualified for the exemption.9 (See R. 135, Memorandum Opinion and Order, at 13 n.7.); see also

Sykes v. Anderson, 625 F.3d 294, 305 (6th Cir. 2010) (“If the affidavit contains false statements or

material omissions, we set aside the statements and include the information omitted in order to

determine whether the affidavit is still sufficient to establish probable cause.”)

We analyze the affidavit “on the adequacy of what it does contain, not on what it lacks, or

on what a critic might say should have been added.” United States v. Allen, 211 F.3d 970, 975

(6th Cir. 2000) (en banc). Chiaverini alluded to the fact that he had committed a license violation.

And an investigation confirmed it. That’s why the officers and the judge had probable cause to

arrest and prosecute Chiaverini for violating the OPMDA. So qualified immunity applies because

the state actors did not violate the Constitution by acting on probable cause.

*****

Because probable cause existed to arrest and prosecute Chiaverini on at least one charge,

his malicious-prosecution and false-arrest claims fail. Howse, 953 F.3d at 409–10. “We need not

proceed any further than the probable cause analysis to decide [his] malicious prosecution claim.”

Darrah, 255 F.3d at 312. And the same goes for his false-arrest claims. See Marcilis, 693 F.3d at

9

The district court noted that even after discovery below, Chiaverini never provided evidence that

he qualified for an exemption. (R. 135, Memorandum Opinion and Order, at 13 n.7.)

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No. 21-3996, Chiaverini v. City of Napoleon, et al.

604. So the valid warrants here act as a complete defense to Chiaverini’s claims. See Robertson

v. Lucas, 753 F.3d 606, 618 (6th Cir. 2014) (quoting Voyticky v. Vill. of Timberlake, 412 F.3d 669,

677 (6th Cir. 2005)) (explaining that “[a]n arrest pursuant to a facially valid warrant is normally a

complete defense to a federal constitutional claim for false arrest or false imprisonment made

pursuant to § 1983”).

IV.

We affirm the district court’s judgment.

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