McDonough v. Smith (18-485)

Question

Was the Second Circuit correct in holding, contrary to the holdings of a majority of other circuits, that the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when the defendant becomes aware of the tainted evidence and its improper use?

Petitioner: Edward G. McDonough

Respondent: Youel Smith

Granted: 2019-01-11 00:00:00

Decided: Pending

Argued: 2019-04-17 11:07:00

Uploaded: 2019-06-08 13:10:00

Advocates: Neal Kumar Katyal, Jeffrey B. Wall, Thomas J. O'Connor

Links: Oyez | Youtube

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