Brief filed: 08/24/2018
McDonough v. Smith
2nd Circuit Court of Appeals; Case No. 17-0296-CV
Panel decision 898 F.3d 259 (2nd Cir. Aug. 3, 2018)
The panel’s ambiguous new accrual rule will sow confusion. The panel opinion requires criminal defendants to file civil lawsuits while criminal charges are pending against them. The panel opinion’s accrual rule may functionally bar most fabrication claims and will generate litigation inefficiency. Evidence fabrication claims should not be treated like false arrest claims.
Samuel Shapiro, David Lebowitz, and Douglas E. Lieb, Emery Celli Brinckerhoff & Abady LLP, New York, NY.