United States Second Circuit

In 1983 action alleging a violation of a constitutional right to access to the courts based on a state governmental official's purported concealment of relevant facts in the course of a prior civil employment-related suit, summary judgment for defendant is affirmed, where: 1) even assuming that so-called "backward looking" right-of-access claims are viable in this Circuit, such claims cannot proceed if the plaintiff, asserting that the government concealed or manipulated relevant facts, was aware of the key facts at issue at the time of the earlier lawsuit; and 2) district court's opinion in the prior suit demonstrates that the court did not rely on statements or omissions in defendant's report, and therefore plaintiff has not shown that defendant's purported actions caused a violation of his rights.

Appellate Information

• Decided 12/13/2012
• Published 12/13/2012

Judges

• CABRANES

Court

• United States Second Circuit

Counsel