Case: McDonough v. Smith, III

1:15-cv-01505 | U.S. District Court for the Northern District of New York

Filed Date: Dec. 18, 2015

Closed Date: Aug. 11, 2022

Clearinghouse coding complete

Case Summary

On December 18, 2015, almost three years after the former Rensselaer County Democratic Elections Commissioner was acquitted in state court of forging absentee ballots in a local primary election, he filed this suit against the County of Rensselaer and multiple individuals who he alleged were involved in his prosecution, including the Special District Attorney for the County. The plaintiff filed this suit in the U.S. District Court for the Northern District of New York under 42 U.S.C. § 1983 for…

On December 18, 2015, almost three years after the former Rensselaer County Democratic Elections Commissioner was acquitted in state court of forging absentee ballots in a local primary election, he filed this suit against the County of Rensselaer and multiple individuals who he alleged were involved in his prosecution, including the Special District Attorney for the County. The plaintiff filed this suit in the U.S. District Court for the Northern District of New York under 42 U.S.C. § 1983 for violations of the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Specifically, the plaintiff alleged malicious prosecution without probable cause and argued that the Special District Attorney fabricated evidence to pursue criminal charges against him. The plaintiff sought compensatory and punitive damages, medical expenses and costs, and attorneys’ fees. U.S. District Judge Mae A. D’Agostino presided over this case.

On September 30, 2016, the district court ruled on multiple motions to dismiss, dismissing five defendants from the action, and granting in part and denying in part another defendant’s motion to dismiss. While the district court found that the plaintiff had adequately pleaded facts to support a malicious prosecution claim against one of the defendants, the court dismissed the plaintiff’s fabrication of evidence claims against all the defendants on statute of limitations grounds. Three months later, the district court ruled on three more motions to dismiss. First, the court dismissed the County as a defendant, reasoning that a municipality cannot be held liable solely based on the actions of city employees. The court also dismissed the Special District Attorney as a defendant, finding that he was entitled to absolute prosecutorial immunity. Lastly, the court granted in part and denied in part the motion to dismiss by a defendant who was assigned to assist the Special District Attorney in the investigation of the plaintiff. The court found that the defendant was entitled to absolute immunity for his grand jury and trial testimony. However, it also found that plaintiff had sufficiently alleged that the defendant acted in conjunction with the Special District Attorney to maliciously prosecute the plaintiff by ignoring or failing to obtain evidence that would have incriminated other defendants in order to continue prosecuting the plaintiff. 2016 WL 7496128.

On January 27, 2017, the plaintiff appealed both the district court’s dismissal of his fabrication of evidence claim and the court’s finding that the Special District Attorney was entitled to absolute immunity for the malicious prosecution claim. On August 3, 2018, the U.S. Court of Appeals for the Second Circuit upheld the district court’s holding that the Special District Attorney was entitled to absolute immunity for the malicious prosecution claim given that the malicious prosecution claim related to actions he took while acting in a prosecutorial capacity. The Second Circuit also held that the fabricated-evidence claim was properly dismissed as untimely given that the limitations period began to run when the plaintiff was arrested and stood trial, not when the plaintiff was acquitted. 898 F.3d 259. 

The plaintiff subsequently appealed to the U.S. Supreme Court, which granted certiorari to resolve the question of when the statute of limitations for a fabricated-evidence claim begins to run. The district court stayed discovery and further proceedings pending the Supreme Court’s decision. On June 19, 2019, the Supreme Court held that the limitations period began to run when the criminal proceedings against the plaintiff terminated in his favor, and thus reversed and remanded the case. 139 S.Ct. 2149.

The plaintiff filed an amended complaint on June 8, 2020, against five defendants, alleging that they fabricated evidence against him and maliciously prosecuted him without probable cause, and that both of those actions violated the Fourth, Fifth, Sixth, and Fourteenth Amendment rights. However, on October 30, 2020, the plaintiff voluntarily dismissed the amended complaint against four defendants, leaving the Special District Attorney as the only remaining defendant.

The Special District Attorney subsequently moved to dismiss and, in the alternative, moved for summary judgment. On August 11, 2022, the district court granted the Special District Attorney’s motion for summary judgment, dismissed the plaintiff’s amended complaint with prejudice, and ordered judgment in favor of the defendant, finding that nothing in the record suggested that the defendant fabricated evidence or coerced individuals into perjuring themselves. 2022 WL 3279348. 

This case is now closed.

Summary Authors

Saba Khan (5/15/2023)

Documents in the Clearinghouse

Document
1

1:15-cv-01505

Nature of Action; Verified Complaint

Dec. 18, 2015

Dec. 18, 2015

Complaint
94

17-00296

USCA Opinion

McDonough v. Smith

U. S. Court of Appeals for the Second Circuit

Aug. 3, 2018

Aug. 3, 2018

Order/Opinion

18-00485

Opinion of the Court

McDonough v. Smith

Supreme Court of the United States

June 20, 2019

June 20, 2019

Order/Opinion
185

1:15-cv-01505

Amended Complaint

June 8, 2020

June 8, 2020

Complaint
242

1:15-cv-01505

Order on Motion for Summary Judgment

Aug. 11, 2022

Aug. 11, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5605532/mcdonough-v-smith-iii/

Last updated July 4, 2023, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $400 receipt number 0206-3519743) filed by Edward G. McDonough. (Attachments: # 1 Exhibits A-K; # 2 Civil Cover Sheet)(lah) (Entered: 12/22/2015)

Dec. 18, 2015

Dec. 18, 2015

Clearinghouse
1

COMPLAINT against All Defendants (Filing fee $400 receipt number 0206-3519743) filed by Edward G. McDonough. (Attachments: # 1 Exhibits A-K; # 2 Civil Cover Sheet)(lah) (Entered: 12/22/2015)

Dec. 18, 2015

Dec. 18, 2015

Clearinghouse
2

Summons Issued as to Youel C. Smith, III. (Attachments: Summonses as to: # 1 McNally, # 2 McGrath, # 3 John Brown, # 4 McInerney, # 5 Ogden, # 6 O'Malley, # 7 Daniel Brown, # 8 Renna, # 9 Robillard, # 10 Rensselaer County)(lah) (Entered: 12/22/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
2

Summons Issued as to Youel C. Smith, III. (Attachments: Summonses as to: # 1 McNally, # 2 McGrath, # 3 John Brown, # 4 McInerney, # 5 Ogden, # 6 O'Malley, # 7 Daniel Brown, # 8 Renna, # 9 Robillard, # 10 Rensselaer County)(lah) (Entered: 12/22/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
3

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/6/2016 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/30/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (lah) (Entered: 12/22/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
3

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/6/2016 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/30/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (lah) (Entered: 12/22/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER

Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (lah)

Dec. 22, 2015

Dec. 22, 2015

PACER

Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (lah)

Dec. 22, 2015

Dec. 22, 2015

PACER
4

NOTICE of Appearance by Thomas J. O'Connor on behalf of Youel C. Smith, III (O'Connor, Thomas) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
4

NOTICE of Appearance by Thomas J. O'Connor on behalf of Youel C. Smith, III (O'Connor, Thomas) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
5

NOTICE of Appearance by Diane Lufkin Schilling on behalf of Youel C. Smith, III (Schilling, Diane) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
5

NOTICE of Appearance by Diane Lufkin Schilling on behalf of Youel C. Smith, III (Schilling, Diane) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
6

AFFIDAVIT of Service for Affidavit of Service served on Anthony Renna on 01/15/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
6

AFFIDAVIT of Service for Affidavit of Service served on Anthony Renna on 01/15/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
7

AFFIDAVIT of Service for Affidavit of Service served on William McInerney on 01/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
7

AFFIDAVIT of Service for Affidavit of Service served on William McInerney on 01/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
8

AFFIDAVIT of Service served on Kevin B. McGrath on 01/19/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
8

AFFIDAVIT of Service served on Kevin B. McGrath on 01/19/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER

***Answer due date updated for William A. McInerney answer due 2/5/2016; Anthony J. Renna answer due 2/8/2016. (lah)

Jan. 20, 2016

Jan. 20, 2016

PACER

***Answer due date updated for William A. McInerney answer due 2/5/2016; Anthony J. Renna answer due 2/8/2016. (lah)

Jan. 20, 2016

Jan. 20, 2016

PACER

***Answer due date updated for Kevin B. McGrath answer due 2/9/2016. (lah)

Jan. 21, 2016

Jan. 21, 2016

PACER

***Answer due date updated for Kevin B. McGrath answer due 2/9/2016. (lah)

Jan. 21, 2016

Jan. 21, 2016

PACER
9

NOTICE of Appearance by Peter J. Moschetti, Jr on behalf of Kevin B. McGrath (Moschetti, Peter) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
9

NOTICE of Appearance by Peter J. Moschetti, Jr on behalf of Kevin B. McGrath (Moschetti, Peter) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
10

NOTICE of Appearance by James E. Long on behalf of William A. McInerney (Long, James) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
10

NOTICE of Appearance by James E. Long on behalf of William A. McInerney (Long, James) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
11

ANSWER to Complaint by William A. McInerney.(Long, James) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
11

ANSWER to Complaint by William A. McInerney.(Long, James) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
12

First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 3/15/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/29/2016 Reply to Response to Motion due by 3/4/2016. filed by William A. McInerney. (Attachments: # 1 Affidavit, # 2 Memorandum of Law, # 3 Affirmation of ECF service) (Long, James) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
12

First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 3/15/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/29/2016 Reply to Response to Motion due by 3/4/2016. filed by William A. McInerney. (Attachments: # 1 Affidavit, # 2 Memorandum of Law, # 3 Affirmation of ECF service) (Long, James) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
13

***STRICKEN FROM THE DOCKET PURSUANT TO ORDER AT DOC. NO. 44 *** Letter Motion for Youel C. Smith, III requesting Filing a courtesy copy of a February 5, 2016 Order to Show Cause and supporting papers filed in State Court submitted to Judge Magistrate Judge Daniel J. Stewart . (Attachments: # 1 Copy of State Court Papers Order to Show Cause, # 2 Affidavit Affidavit of Thomas J. O'Connor, Esq., # 3 Exhibit(s) Exhibit A - McDonough Court Sealing Notice, # 4 Exhibit(s) Exhibit B - LoPorto Court Sealing Notice, # 5 Affidavit Affidavit of Service)(O'Connor, Thomas) Modified on 3/4/2016 (mab). (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
13

***STRICKEN FROM THE DOCKET PURSUANT TO ORDER AT DOC. NO. 44 *** Letter Motion for Youel C. Smith, III requesting Filing a courtesy copy of a February 5, 2016 Order to Show Cause and supporting papers filed in State Court submitted to Judge Magistrate Judge Daniel J. Stewart . (Attachments: # 1 Copy of State Court Papers Order to Show Cause, # 2 Affidavit Affidavit of Thomas J. O'Connor, Esq., # 3 Exhibit(s) Exhibit A - McDonough Court Sealing Notice, # 4 Exhibit(s) Exhibit B - LoPorto Court Sealing Notice, # 5 Affidavit Affidavit of Service)(O'Connor, Thomas) Modified on 3/4/2016 (mab). (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
14

Letter Motion from Brian D. Premo, Esq. for Edward G. McDonough requesting Filing of Correspondence submitted to Judge Mae A. D'Agostino . (Premo, Brian) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
14

Letter Motion from Brian D. Premo, Esq. for Edward G. McDonough requesting Filing of Correspondence submitted to Judge Mae A. D'Agostino . (Premo, Brian) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
15

CERTIFICATE OF SERVICE by Edward G. McDonough re 14 Letter Motion from Brian D. Premo, Esq. for Edward G. McDonough requesting Filing of Correspondence submitted to Judge Mae A. D'Agostino (Premo, Brian) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
15

CERTIFICATE OF SERVICE by Edward G. McDonough re 14 Letter Motion from Brian D. Premo, Esq. for Edward G. McDonough requesting Filing of Correspondence submitted to Judge Mae A. D'Agostino (Premo, Brian) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
16

TEXT ORDER: On February 8, 2016, Plaintiff's counsel, Brian Premo, filed correspondence between himself and Defendant Anthony Renna on the case docket in this matter. Dkt. No. 14 . The Court has reviewed this correspondence and construes the filing to be Mr. Premo's consent to Defendant Renna's request for an extension of time to file an Answer or otherwise respond to the Complaint in this action. The request is GRANTED and Defendant Renna shall file a response to the Complaint on or before March 11, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/10/2016. {Copy of this Text Order mailed to Defendant Renna at the address provided in Mr. Premo's submission to the Court at Doc. No. 14}. (mab) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
16

TEXT ORDER: On February 8, 2016, Plaintiff's counsel, Brian Premo, filed correspondence between himself and Defendant Anthony Renna on the case docket in this matter. Dkt. No. 14 . The Court has reviewed this correspondence and construes the filing to be Mr. Premo's consent to Defendant Renna's request for an extension of time to file an Answer or otherwise respond to the Complaint in this action. The request is GRANTED and Defendant Renna shall file a response to the Complaint on or before March 11, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/10/2016. {Copy of this Text Order mailed to Defendant Renna at the address provided in Mr. Premo's submission to the Court at Doc. No. 14}. (mab) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
17

ANSWER to 1 Complaint by Kevin B. McGrath.(Moschetti, Peter) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
17

ANSWER to 1 Complaint by Kevin B. McGrath.(Moschetti, Peter) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
18

CERTIFICATE OF SERVICE by Kevin B. McGrath re 17 Answer to Complaint (Moschetti, Peter) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
18

CERTIFICATE OF SERVICE by Kevin B. McGrath re 17 Answer to Complaint (Moschetti, Peter) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
19

AFFIDAVIT of Service for Summons and Complaint served on John F. Brown on 02/12/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
19

AFFIDAVIT of Service for Summons and Complaint served on John F. Brown on 02/12/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
20

AFFIDAVIT of Service for Summons and Complaint served on Alan T. Robillard on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
20

AFFIDAVIT of Service for Summons and Complaint served on Alan T. Robillard on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
21

AFFIDAVIT of Service for Summons and Complaint served on Daniel B. Brown on 02/12/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
21

AFFIDAVIT of Service for Summons and Complaint served on Daniel B. Brown on 02/12/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER

***Answer due date updated for John F. Brown answer due 3/4/2016. (lah)

Feb. 17, 2016

Feb. 17, 2016

PACER

***Answer due date updated for John F. Brown answer due 3/4/2016. (lah)

Feb. 17, 2016

Feb. 17, 2016

PACER
22

AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
22

AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
23

AFFIDAVIT of Service for Summons and Complaint served on John J. Ogden on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
23

AFFIDAVIT of Service for Summons and Complaint served on John J. Ogden on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
24

AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
24

AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
25

AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
25

AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
26

AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
26

AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER

***Answer due date updated for Richard J. McNally, Jr. answer due 3/8/2016; Kevin F. O'Malley answer due 3/8/2016; John J. Ogden answer due 3/8/2016; Youel C. Smith, III answer due 3/8/2016; The County of Rensselaer, New York answer due 3/8/2016. (lah)

Feb. 18, 2016

Feb. 18, 2016

PACER

***Answer due date updated for Daniel B. Brown answer due 3/4/2016; Alan T. Robillard answer due 3/8/2016. (lah)

Feb. 18, 2016

Feb. 18, 2016

PACER

***Answer due date updated for Richard J. McNally, Jr. answer due 3/8/2016; Kevin F. O'Malley answer due 3/8/2016; John J. Ogden answer due 3/8/2016; Youel C. Smith, III answer due 3/8/2016; The County of Rensselaer, New York answer due 3/8/2016. (lah)

Feb. 18, 2016

Feb. 18, 2016

PACER

***Answer due date updated for Daniel B. Brown answer due 3/4/2016; Alan T. Robillard answer due 3/8/2016. (lah)

Feb. 18, 2016

Feb. 18, 2016

PACER
27

NOTICE of Related Caseby Edward G. McDonough (Premo, Brian) Modified on 2/23/2016 to correct filing event (lah). (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
27

NOTICE of Related Caseby Edward G. McDonough (Premo, Brian) Modified on 2/23/2016 to correct filing event (lah). (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
28

CERTIFICATE OF SERVICE by Edward G. McDonough Notice of Related Cases (Premo, Brian) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
28

CERTIFICATE OF SERVICE by Edward G. McDonough Notice of Related Cases (Premo, Brian) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
29

NOTICE of Appearance by James A. Resila on behalf of Kevin F. O'Malley (Resila, James) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
29

NOTICE of Appearance by James A. Resila on behalf of Kevin F. O'Malley (Resila, James) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
30

Letter Motion from William A. Scott for John J. Ogden requesting Extension of Time to Appear submitted to Judge Daniel J. Stewart . (Scott, William) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

PACER
30

Letter Motion from William A. Scott for John J. Ogden requesting Extension of Time to Appear submitted to Judge Daniel J. Stewart . (Scott, William) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

PACER
31

TEXT ORDER: On February 23, 2016, Defendant John J. Ogden filed a Letter Request, with the consent of Plaintiff, seeking an extension of time to file an Answer or otherwise respond to the Complaint in this matter. Dkt. No. 30 . The request is GRANTED and Defendant Ogden shall file a response on or before April 18, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/24/2016. (mab) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
31

TEXT ORDER: On February 23, 2016, Defendant John J. Ogden filed a Letter Request, with the consent of Plaintiff, seeking an extension of time to file an Answer or otherwise respond to the Complaint in this matter. Dkt. No. 30 . The request is GRANTED and Defendant Ogden shall file a response on or before April 18, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/24/2016. (mab) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
32

***STRICKEN FROM THE DOCKET PURSUANT TO ORDER AT DOC. NO. 44 *** Letter Motion for Youel C. Smith, III requesting filing a courtesy copy of Affirmation of Brian Premo, Esq. dated February 9, 2016 and Letter Reply to Affirmation of Attorney Premo submitted to Judge Stewart . (Attachments: # 1 Copy of State Court Papers Affirmation of Brian Premo, Esq. dated February 9, 2016, # 2 Copy of State Court Papers Letter Reply to Affirmation of Attorney Premo)(O'Connor, Thomas) Modified on 3/4/2016 (mab). (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

PACER
32

***STRICKEN FROM THE DOCKET PURSUANT TO ORDER AT DOC. NO. 44 *** Letter Motion for Youel C. Smith, III requesting filing a courtesy copy of Affirmation of Brian Premo, Esq. dated February 9, 2016 and Letter Reply to Affirmation of Attorney Premo submitted to Judge Stewart . (Attachments: # 1 Copy of State Court Papers Affirmation of Brian Premo, Esq. dated February 9, 2016, # 2 Copy of State Court Papers Letter Reply to Affirmation of Attorney Premo)(O'Connor, Thomas) Modified on 3/4/2016 (mab). (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

PACER
33

ORDERED, that this action is NOT RELATED to LoPorto v. County of Rensselaer, No. 15-cv-0866 (LEK/DJS). Signed by Senior Judge Lawrence E. Kahn on February 29, 2016. (sas) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
33

ORDERED, that this action is NOT RELATED to LoPorto v. County of Rensselaer, No. 15-cv-0866 (LEK/DJS). Signed by Senior Judge Lawrence E. Kahn on February 29, 2016. (sas) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
34

AFFIDAVIT in Support re 13 Letter Motion for Youel C. Smith, III requesting Filing a courtesy copy of a February 5, 2016 Order to Show Cause and supporting papers filed in State Court submitted to Judge Magistrate Judge Daniel J. Stewart filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
34

AFFIDAVIT in Support re 13 Letter Motion for Youel C. Smith, III requesting Filing a courtesy copy of a February 5, 2016 Order to Show Cause and supporting papers filed in State Court submitted to Judge Magistrate Judge Daniel J. Stewart filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
35

CERTIFICATE OF SERVICE by Edward G. McDonough re 34 Affidavit in Support of Motion, (Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
35

CERTIFICATE OF SERVICE by Edward G. McDonough re 34 Affidavit in Support of Motion, (Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
36

RESPONSE in Opposition re 12 First MOTION to Dismiss for Failure to State a Claim filed by Edward G. McDonough. (Attachments: # 1 Exhibit(s))(Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
36

RESPONSE in Opposition re 12 First MOTION to Dismiss for Failure to State a Claim filed by Edward G. McDonough. (Attachments: # 1 Exhibit(s))(Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
37

CERTIFICATE OF SERVICE by Edward G. McDonough re 36 Response in Opposition to Motion (Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
37

CERTIFICATE OF SERVICE by Edward G. McDonough re 36 Response in Opposition to Motion (Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
38

AFFIDAVIT in Opposition re 12 First MOTION to Dismiss for Failure to State a Claim filed by Edward G. McDonough. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s))(Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
38

AFFIDAVIT in Opposition re 12 First MOTION to Dismiss for Failure to State a Claim filed by Edward G. McDonough. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s))(Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
39

CERTIFICATE OF SERVICE by Edward G. McDonough re 38 Affidavit in Opposition to Motion (Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
39

CERTIFICATE OF SERVICE by Edward G. McDonough re 38 Affidavit in Opposition to Motion (Premo, Brian) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
40

MOTION to Dismiss, MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 4/5/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/21/2016 Reply to Response to Motion due by 3/25/2016. filed by Daniel B. Brown, John F. Brown. (Attachments: # 1 Affidavit of John F. Brown, # 2 Affidavit of Daniel B. Brown, # 3 Memorandum of Law, # 4 Certificate of Service) (Steck, Phillip) (Additional attachment(s) added on 3/14/2016: # 5 Exhibit(s) A-C of John Brown Affidavit, # 6 Exhibit(s) A - F of Dan Brown Affidavit, # 7 Application for Search Warrant, # 8 Affidavit in Support of Application for Search Warrant) (ban, ). (Additional attachment(s) added on 3/14/2016: # 9 Volume 1, # 10 Volume 1 part 2, # 11 Volume 1 part 3, # 12 Volume 2 part 1, # 13 Volume 2 part 2, # 14 Volume 2 part 3, # 15 Volume 3 part 1, # 16 Volume 3 part 2, # 17 Volume 3 part 3) (ban, ). (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
40

MOTION to Dismiss, MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 4/5/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/21/2016 Reply to Response to Motion due by 3/25/2016. filed by Daniel B. Brown, John F. Brown. (Attachments: # 1 Affidavit of John F. Brown, # 2 Affidavit of Daniel B. Brown, # 3 Memorandum of Law, # 4 Certificate of Service) (Steck, Phillip) (Additional attachment(s) added on 3/14/2016: # 5 Exhibit(s) A-C of John Brown Affidavit, # 6 Exhibit(s) A - F of Dan Brown Affidavit, # 7 Application for Search Warrant, # 8 Affidavit in Support of Application for Search Warrant) (ban, ). (Additional attachment(s) added on 3/14/2016: # 9 Volume 1, # 10 Volume 1 part 2, # 11 Volume 1 part 3, # 12 Volume 2 part 1, # 13 Volume 2 part 2, # 14 Volume 2 part 3, # 15 Volume 3 part 1, # 16 Volume 3 part 2, # 17 Volume 3 part 3) (ban, ). (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
41

NOTICE of Appearance by Robert A. Becher on behalf of Richard J. McNally, Jr. (Becher, Robert) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
41

NOTICE of Appearance by Robert A. Becher on behalf of Richard J. McNally, Jr. (Becher, Robert) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
42

Letter Motion from John W. Bailey, Esq. for Richard J. McNally, Jr., Youel C. Smith, III, The County of Rensselaer, New York requesting extension until April 18, 2016 to serve answer to Plaintiff's Complaint submitted to Judge Honorable Daniel J. Stewart . (Bailey, John) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
42

Letter Motion from John W. Bailey, Esq. for Richard J. McNally, Jr., Youel C. Smith, III, The County of Rensselaer, New York requesting extension until April 18, 2016 to serve answer to Plaintiff's Complaint submitted to Judge Honorable Daniel J. Stewart . (Bailey, John) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
43

TEXT ORDER: On March 3, 2016, Defendants Youel C. Smith, III, Richard J. McNally, Jr. and The County of Rensselaer, New York, filed a Letter Request, with the consent of Plaintiff, seeking an extension of time to file an Answer or otherwise respond to the Complaint in this matter. Dkt. No. 42 . The request is GRANTED and the above named Defendants shall filed their response on or before April 18, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/4/2016. (mab) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
43

TEXT ORDER: On March 3, 2016, Defendants Youel C. Smith, III, Richard J. McNally, Jr. and The County of Rensselaer, New York, filed a Letter Request, with the consent of Plaintiff, seeking an extension of time to file an Answer or otherwise respond to the Complaint in this matter. Dkt. No. 42 . The request is GRANTED and the above named Defendants shall filed their response on or before April 18, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/4/2016. (mab) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
44

ORDER TO STRIKE: IT IS HEREBY ORDERED, that Defendant Youel C. Smith, III's submissions filed in the above-entitled action, Dkt. Nos. 13 and 32, shall be stricken from the docket. The submissions are related to an action pending in Albany County Supreme Court and are not properly filed in this proceeding. Since Defendant's submissions are being stricken from the docket, they will not be considered by the Court. Signed by Magistrate Judge Daniel J. Stewart on 3/4/2016. (mab) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
44

ORDER TO STRIKE: IT IS HEREBY ORDERED, that Defendant Youel C. Smith, III's submissions filed in the above-entitled action, Dkt. Nos. 13 and 32, shall be stricken from the docket. The submissions are related to an action pending in Albany County Supreme Court and are not properly filed in this proceeding. Since Defendant's submissions are being stricken from the docket, they will not be considered by the Court. Signed by Magistrate Judge Daniel J. Stewart on 3/4/2016. (mab) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER

Case Details

State / Territory: New York

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 18, 2015

Closing Date: Aug. 11, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The former Rensselaer County Democratic Elections Commissioner who alleged that fabricated evidence was used to pursue criminal charges against him.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Rensselaer, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None