McDonough v. Smith
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-485 | 2d Cir. | Apr 17, 2019 | Jun 20, 2019 | 6-3 | Sotomayor | OT 2018 |
Holding: The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on June 20, 2019. Justice Thomas filed a dissenting opinion, in which Justices Kagan and Gorsuch joined.
SCOTUSblog Coverage
- A "view" from the courtroom: "Quite prolific in our writing" (Mark Walsh, June 20, 2019)
- Opinion analysis: Fabricated-evidence claims accrue only on favorable termination of prosecution (Howard M. Wasserman, June 20, 2019)
- Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule (Howard M. Wasserman, April 18, 2019)
- Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding (Howard M. Wasserman, April 10, 2019)
- Eight new grants, Ginsburg recovery from surgery “on track” (Amy Howe, January 11, 2019)
| Date | Proceedings and Orders |
|---|---|
| Oct 12 2018 | Petition for a writ of certiorari filed. (Response due November 15, 2018) |
| Nov 02 2018 | Motion to extend the time to file a response from November 15, 2018 to December 7, 2018, submitted to The Clerk. |
| 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. |
| Nov 15 2018 | Brief amici curiae of Criminal Defense Organizations, et al. filed. |
| Nov 15 2018 | Brief amicus curiae of Cause of Action Institute filed. |
| Nov 15 2018 | Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed. |
| Dec 07 2018 | Brief of respondent Youel Smith in opposition filed. |
| Dec 17 2018 | Letter waiving the 14-day waiting period under Rule 15.5 filed. |
| Dec 18 2018 | Reply of petitioner Edward G. McDonough filed. |
| Dec 19 2018 | DISTRIBUTED for Conference of 1/4/2019. |
| Jan 07 2019 | DISTRIBUTED for Conference of 1/11/2019. |
| Jan 11 2019 | Petition GRANTED. |
| Feb 11 2019 | SET FOR ARGUMENT on Wednesday, April 17, 2019 |
| Feb 25 2019 | Brief of petitioner Edward G. McDonough filed. |
| Feb 25 2019 | Joint appendix filed. |
| Feb 26 2019 | Blanket Consent filed by Petitioner, Edward G. McDonough. |
| Mar 04 2019 | Brief amicus curiae of Criminal Justice Institute of Harvard Law School filed. |
| Mar 04 2019 | Brief amicus curiae of Cause of Action Institute filed. |
| Mar 04 2019 | Brief amici curiae of Criminal Defense Organizations, et al. filed. |
| Mar 04 2019 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Mar 04 2019 | Brief amicus curiae of United States filed. |
| Mar 04 2019 | Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law, et al. filed. |
| Mar 04 2019 | Brief amici curiae of Federal Court Scholars, et al. filed. |
| Mar 04 2019 | Brief amicus curiae of St. Thomas More Lawyers Guild of Rochester, New York filed. |
| Mar 04 2019 | Brief amicus curiae of The Innocence Network filed. |
| Mar 20 2019 | CIRCULATED |
| Mar 21 2019 | Record requested from the U.S.C.A. 2nd Circuit. |
| Mar 27 2019 | Brief of respondent Youel Smith filed. (Distributed) |
| Apr 02 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Apr 03 2019 | Record received from the U.S.D.C. Northern District of New York is electronic. |
| Apr 03 2019 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed) |
| Apr 03 2019 | Brief amici curiae of Indiana, et al. filed. (Distributed) |
| 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. |
| 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. |
| Apr 03 2019 | Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. |
| Apr 10 2019 | Reply of petitioner Edward G. McDonough filed. (Distributed) |
| Apr 12 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 12 2019 | Motion of Indiana, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. |
| 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. |
| 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. |
| 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. |
| 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. |
| Jul 22 2019 | JUDGMENT ISSUED. |
