McDONOUGH v. SMITH

No. 17-296-cv August Term, 2017.

898 F.3d 259 (2018)

Edward G. McDONOUGH, Plaintiff-Appellant, v. Youel SMITH, Individually and as Special District attorney for the County of Rensselaer, New York, aka Trey Smith, Defendant-Appellee, John J. Ogden, Richard McNally Jr., Kevin McGrath, Alan Robillard, County of Rensselaer, John F. Brown, William A. McInerney, Kevin F. O'Malley, Daniel B. Brown, Anthony J. Renna, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 3, 2018.


Attorney(s) appearing for the Case

BRIAN D. PREMO , Premo Law Firm PLLC, Albany, NY, for Plaintiff-Appellant.

THOMAS J. O'CONNOR , Napierski, VanDenburgh, Napierski & O'Connor, LLP, Albany, NY, for Defendant-Appellee Youel Smith.

Andrew D. Bing , Deputy Solicitor General, Jennifer L. Clark , Assistant Solicitor General, for Barbara D. Underwood , Attorney General of the State of New York, for Defendant John G. Ogden.

Before: Jacobs, Raggi, and Droney, Circuit Judges.


Plaintiff-Appellant Edward G. McDonough, the former Democratic Commissioner of the Rensselaer County Board of Elections, was acquitted in New York state court of forging absentee ballots in a local primary election. He appeals from two subsequent decisions of the United States District Court for the Northern District of New...

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