Sufficiency of Evidence

By: Derek Hawkins//July 17, 2019//

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United States Supreme Court

Case Name: Edward G. McDonough v. Youel Smith, et al.

Case No.: 18-485

Focus: Sufficiency of Evidence

Petitioner Edward McDonough alleges that respondent Youel Smith fabricated evidence and used it to pursue criminal charges against him. McDonough was acquitted, then sued Smith under 42 U. S. C. §1983. The courts below, concluding that the limitations period for McDonough’s fabricated-evidence claim began to run when the evidence was used against him, determined that the claim was untimely. We hold that the limitations period did not begin to run until McDonough’s acquittal, and therefore reverse.

Reversed

Dissenting: THOMAS, J., filed a dissenting opinion, in which KAGAN and GORSUCH, JJ., joined

Concurring:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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