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Edward G. McDonough v. Youel Smith, Individually and as Special District Attorney for the County of Rensselaer, New York, aka Trey Smith

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-296 · judgment August 3, 2018

Decided · June 20, 2019
Pre-decision estimate: 12% cert probability (95% interval 8%–19%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a petition filed soon after the judgment below, and a Second Circuit decision below.

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).

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Thomas James O'Connor
Napierski, VanDenburgh, Napierski & O'Connor, LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage · 11 merits
(9 supporting pet./neither, 2 respondent)

Argument & decision

Argued April 17, 2019 — Neal K. Katyal · Thomas J. O'Connor. Audio and transcript

Decided June 20, 2019. Opinion by Sotomayor.

Proceedings

  1. Jul 22 2019
    JUDGMENT ISSUED.
  2. Jun 20 2019
    Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion 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.
  3. Apr 17 2019
    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.
  4. Apr 12 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  5. Apr 12 2019
    Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
  6. Apr 12 2019
    Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
  7. Apr 12 2019
    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.
  8. Apr 10 2019
    Reply of petitioner Edward G. McDonough filed. (Distributed)
  9. Apr 03 2019
    Record received from the U.S.D.C. Northern District of New York is electronic.
  10. Apr 03 2019
    Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
  11. Apr 03 2019
    Brief amici curiae of Indiana, et al. filed. (Distributed)
  12. Apr 03 2019
    Motion of International Municipal Lawyers Association, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
  13. Apr 03 2019
    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.
  14. Apr 03 2019
    Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
  15. Apr 02 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  16. Mar 27 2019
    Brief of respondent Youel Smith filed. (Distributed)
  17. Mar 21 2019
    Record requested from the U.S.C.A. 2nd Circuit.
  18. Mar 20 2019
    CIRCULATED
  19. Mar 04 2019
    Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
  20. Mar 04 2019
    Brief amicus curiae of Cause of Action Institute filed.
  21. Mar 04 2019
    Brief amici curiae of Criminal Defense Organizations, et al. filed.
  22. Mar 04 2019
    Brief amicus curiae of Constitutional Accountability Center filed.
  23. Mar 04 2019
    Brief amicus curiae of United States filed.
  24. Mar 04 2019
    Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law, et al. filed.
  25. Mar 04 2019
    Brief amici curiae of Federal Court Scholars, et al. filed.
  26. Mar 04 2019
    Brief amicus curiae of St. Thomas More Lawyers Guild of Rochester, New York filed.
  27. Mar 04 2019
    Brief amicus curiae of The Innocence Network filed.
  28. Feb 26 2019
    Blanket Consent filed by Petitioner, Edward G. McDonough.
  29. Feb 25 2019
    Brief of petitioner Edward G. McDonough filed.
  30. Feb 25 2019
    Joint appendix filed.
  31. Feb 11 2019
    SET FOR ARGUMENT on Wednesday, April 17, 2019
  32. Jan 11 2019
    Petition GRANTED.
  33. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  34. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  35. Dec 18 2018
    Reply of petitioner Edward G. McDonough filed.
  36. Dec 17 2018
    Letter waiving the 14-day waiting period under Rule 15.5 filed.
  37. Dec 07 2018
    Brief of respondent Youel Smith in opposition filed.
  38. Nov 15 2018
    Brief amici curiae of Criminal Defense Organizations, et al. filed.
  39. Nov 15 2018
    Brief amicus curiae of Cause of Action Institute filed.
  40. Nov 15 2018
    Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed.
  41. Nov 06 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2018.
  42. Nov 02 2018
    Motion to extend the time to file a response from November 15, 2018 to December 7, 2018, submitted to The Clerk.
  43. Oct 12 2018
    Petition for a writ of certiorari filed. (Response due November 15, 2018)