Second Circuit -- Sousa v. Marquez

Plaintiff claims that a misleading administrative report undercut his right of access to the courts in a prior suit and is filing a S1983 suit to redress.  Here, the Second Circuit declined to speculate on whether such a 'backward looking' right of access cause of action exists in the Circuit.

In backward-looking right of access suits, the manipulation of the information must be the dispositive factor in the resolution of the case.  Here, plaintiff had all the relevant facts, regardless of what the report said.

Insufficient proof of causation between the representaition and the verdict means that there is no genuine dispute of material fact.  SJ appropriate.

 Sousa v. Marquez