No. 18-485
Edward G. McDonough v. Youel Smith, Individually and as Special District Attorney for the County of Rensselaer, New York, aka Trey Smith
Tags: 14th-amendment 4th-amendment 6th-amendment civil-procedure civil-rights criminal-proceedings due-process fabrication-of-evidence section-1983 statute-of-limitations
Key Terms:
DueProcess FourthAmendment CriminalProcedure
DueProcess FourthAmendment CriminalProcedure
Latest Conference:
2019-01-11
(distributed 2 times)
Question Presented (AI Summary)
When does the statute of limitations begin to run on a Section 1983 claim based on fabrication of evidence in criminal proceedings?
Question Presented (OCR Extract)
QUESTION PRESENTED 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 has held) or whether it begins to run when the defendant becomes aware of the tainted evidence and its improper use (as the Second Circuit held below). (i)
Docket Entries
2019-07-22
JUDGMENT ISSUED.
2019-06-20
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/18pdf/18-485_g2bh.pdf'>opinion</a> of the Court, in which Roberts,
C. J., and Ginsburg, Breyer, Alito, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kagan and Gorsuch, JJ., joined.
2019-04-17
Argued. For petitioner: Neal K. Katyal, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Thomas J. O'Connor, Albany, N. Y.
2019-04-12
Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
2019-04-12
Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
2019-04-12
Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
2019-04-12
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2019-04-10
Reply of petitioner Edward G. McDonough filed. (Distributed)
2019-04-03
Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
2019-04-03
Record received from the U.S.D.C. Northern District of New York is electronic.
2019-04-03
Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
2019-04-03
Brief amici curiae of Indiana, et al. filed. (Distributed)
2019-04-03
Motion of St. Thomas More Lawyers Guild of Rochester, New York for leave to participate in oral argument as amicus curiae and for divided argument filed.
2019-04-03
Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
2019-04-02
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2019-03-27
Brief of respondent Youel Smith filed. (Distributed)
2019-03-21
Record requested from the U.S.C.A. 2nd Circuit.
2019-03-20
CIRCULATED
2019-03-04
Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law, et al. filed.
2019-03-04
Brief amicus curiae of The Innocence Network filed.
2019-03-04
Brief amicus curiae of St. Thomas More Lawyers Guild of Rochester, New York filed.
2019-03-04
Brief amici curiae of Federal Court Scholars, et al. filed.
2019-03-04
Brief amicus curiae of United States filed.
2019-03-04
Brief amicus curiae of Constitutional Accountability Center filed.
2019-03-04
Brief amici curiae of Criminal Defense Organizations, et al. filed.
2019-03-04
Brief amicus curiae of Cause of Action Institute filed.
2019-03-04
Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
2019-02-26
Blanket Consent filed by Petitioner, Edward G. McDonough.
2019-02-25
Joint appendix filed.
2019-02-25
Brief of petitioner Edward G. McDonough filed.
2019-02-11
SET FOR ARGUMENT on Wednesday, April 17, 2019
2019-01-11
Petition GRANTED.
2019-01-07
DISTRIBUTED for Conference of 1/11/2019.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-12-18
Reply of petitioner Edward G. McDonough filed.
2018-12-17
Letter waiving the 14-day waiting period under Rule 15.5 filed.
2018-12-07
Brief of respondent Youel Smith in opposition filed.
2018-11-15
Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
2018-11-15
Brief amicus curiae of Cause of Action Institute filed.
2018-11-15
Brief amici curiae of Criminal Defense Organizations, et al. filed.
2018-11-06
Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2018.
2018-11-02
Motion to extend the time to file a response from November 15, 2018 to December 7, 2018, submitted to The Clerk.
2018-10-12
Petition for a writ of certiorari filed. (Response due November 15, 2018)
Attorneys
Cause of Action Institute
Center on the Administration of Criminal Law at NYU School of Law, et al.
Mark W. Mosier — Covington & Burling, LLP, Amicus
Mark W. Mosier — Covington & Burling, LLP, Amicus
Constitutional Accountability Center
Criminal Defense Organizations, Civil Rights Organizations, and the Cato Institute
Robert Stanton Jones — Arnold & Porter LLP, Amicus
Robert Stanton Jones — Arnold & Porter LLP, Amicus
Criminal Justice Institute of Harvard Law School
Edward G. McDonough
Neal Kumar Katyal — Hogan Lovells US LLP, Petitioner
Neal Kumar Katyal — Hogan Lovells US LLP, Petitioner
Federal Court Scholars, Leah Litman, James Pfander, Suzanna Sherry, Amanda Tyler, and Stephen Vladeck
Jonathan Loevy — Loevy and Loevy, Amicus
Jonathan Loevy — Loevy and Loevy, Amicus
Indiana, Arkansas, Louisiana, Nebraska, Ohio, South Carolina and Texas
Thomas M. Fisher — Amicus
Thomas M. Fisher — Amicus
International Municipal Lawyers Association, National League of Cities, and U.S. Conference of Mayors
Geoffrey Paul Eaton — Winston & Strawn LLP, Amicus
Geoffrey Paul Eaton — Winston & Strawn LLP, Amicus
St. Thomas More Lawyers Guild of Rochester, New York
THE INNOCENCE NETWORK
United States
Noel J. Francisco — Solicitor General, Amicus
Noel J. Francisco — Solicitor General, Amicus
Youel Smith