Settles v. US Parole Comm'n, 03-5368
In an action setting forth claims under 42 U.S.C. section 1983 and the Administrative Procedure Act (APA), plaintiff had standing to bring suit since he sought to enforce a procedural right and was not required to prove that the procedural remedy would lead to a favorable outcome.
- Decided 11/08/2005
- Published 11/08/2005
Before: SENTELLE, RANDOLPH and ROGERS, Circuit Judges.
Melissa Briggs Hutchens argued the cause for appellant. With her on the briefs was Mark S. Raffman.
R. Craig Lawrence, Assistant U.S. Attorney, argued the cause for appellee. On the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan and John F. Henault, Jr., Assistant U.S. Attorneys.