No. 19-6690

Molly Ann Mahany v. City of Buffalo Police Department, et al.

Lower Court: Second Circuit
Docketed: 2019-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process false-evidence favorable-termination section-1983 statute-of-limitations
Key Terms:
DueProcess
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Whether the statute of limitations for a Section 1983 false-evidence claim begins to run upon the favorable termination of the ensuing proceedings or from when the falsely accused 'knew or should have known' of the falsified evidence

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question 1: In a Section 1983 false-evidence claim, which involves the creation, use, and continued dissemination of fabricated evidence and upon which false accusations were &/or are based, does the statute of limitations begin to run upon the favorable termination of the ensuing proceedings, as recently held in McDonough v. Smith, No. 18-485, 588 U.S. __ (2019), or from when the falsely accused “knew or should have known” of the of that falsified, as held herein by the Second Circuit Court of Appeals (

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-12-13
Waiver of right of respondent Erie County District Attorney's Office - State of New York to respond filed.
2019-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2019)

Attorneys

Erie County District Attorney's Office - State of New York
Michelle ParkerCounty of Erie Dept. of Law, Respondent
Molly Mahany
Molly Ann Mahany — Petitioner