Smalls v. Collins

Under McDonough v. Smith, 139 S.Ct. 2149 (2019), fabricated evidence claims do not accrue until a criminal proceeding has ended in the defendant’s favor or a resulting conviction has been invalidated within the meaning of Heck; district court dismissed the fabricated evidence claims in these cases by imposing the Second Circuit’s malicious prosecution requirement for favorable termination, namely that the termination demonstrate actual innocence; Second Circuit rules that McDonough does not require a termination indicative of innocence; court reasons that fabrication of evidence claim is based on a denial of due process and does not require a demonstration of innocence; plaintiff whose criminal convictions were reversed because the evidence against him should have been suppressed due to the absence of probable cause for the police to pursue him was held to have a favorable termination under McDonough and thus a legitimate action for a claim that the officers had fabricated evidence against him; plaintiff whose criminal charges were dismissed following an adjournment in contemplation of dismissal (ACD) had a favorable termination under McDonough and thus a legitimate claim for fabrication of evidence.