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MCDONOUGH v. John J. Ogden, Richard McNally Jr., Kevin McGrath, Alan Robillard, County of Rensselaer, John F. Brown, William A. McInerney, Kevin F. O’Malley, Daniel B. Brown, Anthony J. Renna, Defendants. (2019)

United States Court of Appeals, Second Circuit.

Edward G. MCDONOUGH, Plaintiff-Appellant, v. Youel SMITH, individually and as Special District Attorney for the County of Rensselaer, New York, aka Trey Smith, Defendant-Appellee, John J. Ogden, Richard McNally Jr., Kevin McGrath, Alan Robillard, County of Rensselaer, John F. Brown, William A. McInerney, Kevin F. O’Malley, Daniel B. Brown, Anthony J. Renna, Defendants.

No. 17-296-cv

Decided: November 06, 2019

PRESENT: Dennis Jacobs, Reena Raggi, Christopher F. Droney, Circuit Judges.

FOR PLAINTIFF-APPELLANT: Brian D. Premo, Premo Law Firm PLLC, Albany, NY. FOR DEFENDANT-APPELLEE: Thomas J. O’Connor, Napierski, VanDenburgh, Napierski & O’Connor, LLP, Albany, NY.

SUMMARY ORDER

This case is before us on remand from the Supreme Court, which reversed our decision in McDonough v. Smith, 898 F.3d 259 (2d Cir. 2018), and remanded for further proceedings consistent with the Supreme Court’s opinion. See McDonough v. Smith, ––– U.S. ––––, 139 S. Ct. 2149, 204 L. Ed. 2d 506 (2019).

We now VACATE the judgment of the district court and REMAND for further proceedings consistent with the opinion of the Supreme Court.1

FOOTNOTES

1.   We express no view as to whether Smith has waived or forfeited the argument that absolute immunity bars McDonough’s fabricated-evidence claim. See Brown v. City of New York, 862 F.3d 182, 187-88 (2d Cir. 2017).

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MCDONOUGH v. John J. Ogden, Richard McNally Jr., Kevin McGrath, Alan Robillard, County of Rensselaer, John F. Brown, William A. McInerney, Kevin F. O’Malley, Daniel B. Brown, Anthony J. Renna, Defendants. (2019)

Docket No: No. 17-296-cv

Decided: November 06, 2019

Court: United States Court of Appeals, Second Circuit.

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