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