CA5: Statute of limitations for malicious prosecution starts at acquittal

“As should be apparent, Winfrey controls. Since Fusilier is challenging ‘an unlawful [detention] pursuant to a warrant’ that the defendants caused to be issued because of ‘misstatements,’ Fusilier’s claim best fits with a malicious prosecution analogy. Winfrey, 901 F.3d at 493; see also McDonough, 139 S. Ct. at 2158. Accordingly, the district court was wrong to conclude his claim accrued when he had his hearing in front of the magistrate judge. Instead, his claim accrued when he was acquitted. Winfrey, 901 F.3d at 493.” Fusilier v. Zaunbrecher, 2020 U.S. App. LEXIS 9477 (5th Cir. Mar. 26, 2020).

Defense counsel wasn’t ineffective for not making a CSLI challenge before Carpenter when circuit authority permitted production without a search warrant at the time. Stanley v. United States, 2020 U.S. Dist. LEXIS 52571 (E.D. N.C. Mar. 26, 2020).*

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