McDonough v. Smith, No. 17-296 (2d Cir. 2018)Annotate this Case
Plaintiff appealed the district court's dismissal of his claims under 42 U.S.C. 1983, alleging that his right to due process had been violated when fabricated evidence was used against him in a state criminal proceeding and alleging a claim of malicious prosecution. The claims stemmed from the 2009 Working Families Party primary election in the City of Troy, New York, where several individuals associated with the Democratic and Working Families Parties forged signatures and provided false information on absentee ballot applications and absentee ballots in order to affect the outcome of that primary. Plaintiff approved the forged applications but claimed he did know that they had been falsified. Plaintiff was indicted by a grand jury but subsequently acquitted.
The Second Circuit affirmed the judgment of the district court and held that plaintiff's due process claim was time-barred because it was filed beyond the applicable limitations period. The court also held that the prosecutor was entitled to absolute immunity on plaintiff's malicious prosecution claim.