Legal Opinion
Sousa v. Marquez
Court of Appeals for the Second Circuit
Decided December 13, 2012No. Docket 12-403-cvPublishedCited by 75 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
The question presented is whether a suit based on a state governmental official’s purported concealment or “manipulation” of relevant facts in the course of a prior civil suit can form the basis of a subsequent federal suit under 42 U.S.C. § 1983 alleging a denial of access to court where the plaintiff was aware at the time of the earlier lawsuit of the facts giving rise to his claim. We hold that “backward-looking” access-to-court claims are not cognizable when the plaintiff had knowledge of the crucial facts and an opportunity to rebut opposing evidence,…
2Cases cited14 opinions
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Christopher v. HarburySupreme Court of the United States · 2002
- Gorzynski v. Jetblue Airways Corp.Court of Appeals for the Second Circuit · 2010
- Pearl v. City of Long BeachCourt of Appeals for the Second Circuit · 2002
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Flagg Ex Rel. J.B. v. City of DetroitCourt of Appeals for the Sixth Circuit · 2013
- Kevin Harer v. Shane CaseyCourt of Appeals for the Seventh Circuit · 2020
- Lehman XS Trust v. Greenpoint Mortgage Funding, Inc.Court of Appeals for the Second Circuit · 2019
- Victorinox AG v. B&F System, Inc.Court of Appeals for the Second Circuit · 2017
- Crye Precision LLC v. Duro Textiles, LLCCourt of Appeals for the Second Circuit · 2017
70 more not listed; retrieve them via the Exa API.