United States Third Circuit

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Andrews v. Sciulli, 15-3393

In a suit against a police officer for false arrest and malicious prosecution, after plaintiff was found not guilty of the crimes for which he was charged, the district court's grant of summary judgment in favor of defendant on qualified immunity grounds is reversed where: 1) the collection of misrepresentations in defendant's affidavit concerning the physical description of plaintiff, standing alone, would not be sufficient to prevent a fact-finder from concluding that the reconstructed affidavit still established probable cause; 2) these discrepancies are substantial evidence of the witness's own unreliability sufficient to outweigh her positive identification of plaintiff; and 3) plaintiff's rights at issue were clearly established at the time.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/10

Judges

  • NYGAARD

Court

  • United States Third Circuit

Counsel


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