Section 1983 plaintiffs frequently assert constitutional claims based upon police fabrication of evidence. Some plaintiffs allege that the fabricated evidence was used to obtain an indictment or was introduced at the criminal trial in violation of the due process right to a fair trial. Other plaintiffs allege that the fabricated evidence resulted in being confined in pretrial detention.

Sections 1983 fabrication of evidence claims have generated some sticky statute of limitations accrual issues. The accrual issue is the subject of two recent important circuit court decisions, Smalls v. Collins, 10 F.4th 117 (2d Cir. 2021) and Smith v. City of Chicago, 3 F. 4d 332 (7th Cir. 2021). Smalls holds that a §1983 due process fair trial fabrication of evidence claim against law enforcement officers accrues upon the favorable termination of the criminal proceedings. Smith holds that a §1983 Fourth Amendment claim that the plaintiff was subject to pretrial detention based on police fabrication of evidence accrues when the plaintiff is released from detention.