Andrews v. Scuilli, No. 15-3393 (3d Cir. 2017)Annotate this Case
Wagner, age 15, was walking home, when a man demanded that she get into his car. Wagner refused and told him that she would call the police. He sped away. Stowe Township Officers Sciulli and Ruiz responded and recorded the girl’s description of the vehicle as a red, four-door sedan with a Pennsylvania license plate bearing the letters ACG, driven by a white male with dark hair, around 35 years old. The next day, her mother was driving Wagner home when Wagner saw a red car. She told her mother that it was the car that had stopped her the day before. The license number was JDG4817. They followed the car to a parking lot and saw the driver. Wagner’s mother drove her to the police station. Officers identified the car as belonging to Andrews, obtained Andrews’ license photo, and created a photo array. Wagner identified Andrews. Sciulli went to the parking lot and saw Andrews’ vehicle, a three-door coupe. Sciulli drafted an affidavit of probable cause. A magistrate issued an arrest warrant. Andrews was charged with, but acquitted of, luring a child into a motor vehicle, stalking, corruption of a minor, and harassment. He filed suit. The Third Circuit reversed the district court’s determination that Sciulli was entitled to qualified immunity, noting Siulli’s omission of information about the license plate and vehicle description discrepancies from the affidavit.