Brindley v. Best

192 F.3d 525, 1999 U.S. App. LEXIS 22863, 1999 WL 734774
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 22, 1999
DocketNos. 98-1756, 98-1760, 98-1771
StatusPublished
Cited by30 cases

This text of 192 F.3d 525 (Brindley v. Best) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brindley v. Best, 192 F.3d 525, 1999 U.S. App. LEXIS 22863, 1999 WL 734774 (6th Cir. 1999).

Opinion

OPINION

SILER, Circuit Judge.

This is an appeal of three related cases involving searches in 1993 pursuant to warrants of the National Pawn & Discount of Saginaw, Inc. (“National Pawn”), Ron’s Avenue Trading Post (“Ron’s Avenue”), Southfield Gold & Diamond, Inc. (“South-field Gold”), and the home of Stephen Brindley and his wife, Kellie Sue Brindley. The suits are for violations of the civil rights under 42 U.S.C. § 1983 of the Brindleys and their family businesses against various law enforcement officers and governmental entities. The district court granted summary judgment for all of the defendants. As set forth below, we AFFIRM in part and REVERSE in part.

At the hearing on the motions for summary judgment, the plaintiffs conceded that their conspiracy and Fifth Amendment claims should be dismissed, and they also conceded that the City of Saginaw Police Department, Sheriff McIntyre, and Prosecutor James Massey should be dismissed as defendants. The district court granted the defendants’ motions for summary judgment, holding that: (1) the officers had probable cause to believe that the items they seized were within the scope of the warrant or were evidence of crimes they were investigating; (2) even if they seized items beyond the scope of the warrant, the officers were entitled to qualified immunity because their actions were “objectively reasonable”; (3) collateral estop-pel bars this action because plaintiffs had a full and fair opportunity to litigate these issues in the state criminal proceedings; (4) the claims against the City of Saginaw for failure to train, investigate and discipline did not rise to the level of “deliberate indifference” and therefore required dismissal under Monell v. Department of Social Services of City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); [529]*529and (5) in Case One (98-1760), the plaintiffs waived their claims through the plea agreement.

The plaintiffs do not challenge the district court’s decision to dismiss the claims against the City of Saginaw under Monell. The issues before this court are whether the district court erred in finding that: (1) the seizures did not exceed the scope of the warrant; (2) the officers are entitled to qualified immunity; (3) collateral estoppel barred all three suits; and (4) the plaintiffs in Case One waived their civil action through the plea agreement.

I. CASE ONE: 98-1760

A. Factual Background

The first case arose out of a search and seizure of jewelry at National Pawn and Ron’s Avenue, the warehouse location for National Pawn. The plaintiffs are Steven Brindley and National Pawn. Brindley is the sole shareholder of National Pawn. The defendants included the City of Saginaw; Saginaw County Prosecutors A. George Best, II, and James Massey; Saginaw Police Officers David Andrews, Mark Lively, Michael McCullen, and John Todd; and Michigan State Police Officers Charles Brown and Richard Mainprize.

National Pawn was a second hand dealer, pawn broker, dealer in precious metals and gems, and a firearms dealer. In 1993, a task force was investigating pawn shops and second hand stores for illegal activity. Officer Mainprize submitted an affidavit for a search warrant for National Pawn. The affidavit alleged illegal activity on the premises, which included various violations of state and federal laws, and receiving and concealing stolen goods.

A state court judge granted a warrant for the search of National Pawn, which authorized the seizure of the following:

(A)Ml items of stolen property including but not limited to: electronic items which have had their serial numbers and or other identifying numbers or tags or seals of ownership removed, covered or altered; firearms; jewelry; vehicles; tools; cameras; and other items of personalty.
(B) Ml items obtained, accepted or received in pawn or as “secondhand” items where pawn forms, secondhand forms, or precious metal and gem forms have not been submitted or timely prepared for submission as required by state law.
(C) All records and data ... related to the establishment and or maintenance of a pawn, secondhand or precious metal and gem business....
(D) Ml records and data ... related to the establishment and or maintenance of a federally licensed firearms business ....

The police officers executed the warrant the following day and seized a multitude of goods and documents, including thousands of pieces of jewelry. Officer Andrews was the seizing officer at National Pawn and Officer Lively was the seizing officer at Ron’s Avenue. The other officers assisted in the seizure of these items, which included illegal firearms, items with marred or removed serial numbers, rental property labeled “not for pawn or sale,” items lacking statutorily mandated forms, and some stolen property.

Pursuant to the searches, a grand jury was appointed to investigate the charges against Brindley and his businesses. The grand jury ordered that the seized property be retained as evidence to be presented to the court in its grand jury investigation. The Brindleys, their businesses, and other individuals were charged in a 1,308-count indictment for various crimes including usury, property crimes, health care fraud, and conspiracy.

In 1995, Brindley pled no contest to conspiring to operate a legal business in an illegal manner, including violation of the Health Care Act. The plea provided that the sentence imposed would be probation with no prison time. National Pawn pled no contest to all of the counts except 847 and 848, which were dismissed. The plea [530]*530agreement contained a waiver provision, which provided that “no claims shall be brought by any of the parties against each other involving this action.” Pursuant to the plea agreement, Steven Brindley and National Pawn were fined $400,000 and sentenced to probation.

Subsequently, the plaintiffs brought this suit alleging, inter alia, that the defendants illegally seized their property in violation of their Fourth Amendment rights. The plaintiffs did not contest the seizure of many of the items; however, they did contest the seizure of the displayed jewelry. Specifically, they alleged that the displayed jewelry was illegally seized because it was outside the scope of the warrant and that the officers did not have probable cause to believe it was evidence of any crime.

The district court granted the defendants’ motions for summary judgment, holding that (1) the plaintiffs were collaterally estopped from bringing their claims because they had a full and fair opportunity to litigate the seizure of the displayed jewelry in the criminal proceedings but failed to do so; (2) the plaintiffs waived their claims through their plea agreement; and (3) the officers were entitled to qualified immunity because they acted reasonably in seizing the displayed jewelry and did not exceed the scope and authority of the search warrant.

B. Discussion

1. Collateral Estoppel

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Bluebook (online)
192 F.3d 525, 1999 U.S. App. LEXIS 22863, 1999 WL 734774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brindley-v-best-ca6-1999.