In a new Supreme Court ruling, criminal defendants will have additional time to file claims against police or prosecutors who fabricate evidence in their trials.
The case, McDonough v. Smith, addresses claims of former Democratic Commissioner of the Rensselaer County Board of Elections Edward McDonough, who was acquitted in New York state court of forging absentee ballots in a local primary election. McDonough sued the prosecutor investigating the voting fraud, Youel Smith, claiming he fabricated evidence to charge and (unsuccessfully try) McDonough.
The Second Circuit affirmed the district court’s conclusion that McDonough’s due process claim was untimely and barred by the applicable statute of limitations. The Supreme Court reversed and remanded the case, holding that the statute of limitations claim only began to run once the criminal proceedings against him terminated in his favor—that is, when he was acquitted at the end of his second trial.
If you believe your civil rights have been violated by fabricated evidence used against you in the court of law, you may be able to file a lawsuit against the parties responsible. Call (855) 244-2031 for a confidential evaluation of your potential claim.
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