United States Second Circuit

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McDonough v. Smith, 17‐296

Affirmed that a district attorney was not liable for malicious prosecution or fabrication of evidence. This lawsuit was brought by the former Democratic Commissioner of the Rensselaer County Board of Elections, who was acquitted in state court of forging absentee ballots in a local primary election. He contended that the district attorney who prosecuted the case had violated his civil rights. However, the Second Circuit held that the plaintiff's due process claim was time-barred and his malicious prosecution claim was precluded by absolute immunity. The panel therefore affirmed the dismissal of those claims.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/08/03

Judges

  • Droney

Court

  • United States Second Circuit

Counsel


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