McDonough v. Smith

In a case recently decided by the United States Supreme Court, McDonough v. Smith, as Special District Attorney, County of Rensselaer, the Court held that the three (3) year statute of limitation for bringing a civil rights claim of fabrication of evidence under 42 USC§ 1983 begins to run when the criminal proceedings are terminated in the accused’s favor.

This ruling reversed the 2nd Dep’t decision, dismissing McDonough’s action as time barred. This is a significant decision for all those falsely accused seeking redress in the courts.

If you have been falsely arrested or the victim of police brutality, please feel free to consult The Law Office of Jeffrey L. Emdin at (212) 265-1350 and [email protected]

Jeffrey L. Emdin