McDonough v. Smith
Issues
Does the statute of limitations for a 42 U.S.C. § 1983 fabrication‑of‑evidence claim begin to run when the proceedings terminate in defendant’s favor or when the defendant first becomes aware of the tainted evidence and its improper use?
This case asks the Supreme Court to determine whether the statute of limitations on a fabrication‑of‑evidence claim begins upon termination of criminal proceedings or when the defendant first becomes aware of the fraudulent evidence. Edward McDonough was accused of forging and falsifying campaign documents during local elections in 2009, and he was acquitted in December 2012. Then, he sued Youel Smith, the prosecutor in McDonough’s case, under 42 U.S.C. § 1983, alleging that he forged documents and falsified evidence in order to convict McDonough. In response, Smith moved to dismiss the suit, arguing that it was untimely and barred by laches. McDonough argues that fabrication‑of‑evidence claims should be analogized to malicious prosecution claims, where the limitations period begins once proceedings terminate in a defendant’s favor. On the other hand, Smith contends that such a suit could be brought earlier because it does not require showing a lack of probable cause. The outcome of this case will determine when a criminal defendant is expected to bring a fabrication‑of‑evidence claim concerning associated criminal proceedings.
Questions as Framed for the Court by the Parties
Whether the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when those proceedings terminate in the defendant’s favor (as the majority of circuits have held) or whether it starts to run when the defendant becomes aware of the tainted evidence and its improper use (as the Second Circuit held below).
In 2009, Petitioner Edward G. McDonough served as the Democratic Commissioner of the Rensselaer County Board of Elections. McDonough v. Smith, at 263. During this time, several individuals associated with the Democratic and Working Families Parties falsified information and forged signatures. Id.
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Edited by
Additional Resources
- Kenneth C. Crowe II, U.S. Supreme Court to Hear Appeal in Troy Ballot-Fraud Lawsuit, Albany Times Union (Mar. 28, 2019).
- Lisa Soronen, SCOTUS Case: Statute of Limitations on Fabricated Evidence, National Conference of State Legislatures (Jan. 28, 2019).