Case: Broudy, Alice P. vs. Mather, Susan H. - U.S. Court of Appeals for the D.C. Cir. - August 23, 2006, Federal Circuits, Docket 05-5085:
Good analysis of Christopher v. Harbury, 536 U.S. 403 as to forward/backward looking claims, inclusive of well pled complaint requirements, and, generally speaking, the elements of a Denial-of-Access Claim.
"The Court found Harbury's complaint deficient in yet another way. Her complaint did not seek a particular type of remedy that the Court concluded is essential to a backward looking denial-of-access claim: [T]he complaint must identify a remedy that may be awarded as recompense but not otherwise available in some suit that may yet be brought."
Good analysis of Christopher v. Harbury, 536 U.S. 403 as to forward/backward looking claims, inclusive of well pled complaint requirements, and, generally speaking, the elements of a Denial-of-Access Claim.
"The Court found Harbury's complaint deficient in yet another way. Her complaint did not seek a particular type of remedy that the Court concluded is essential to a backward looking denial-of-access claim: [T]he complaint must identify a remedy that may be awarded as recompense but not otherwise available in some suit that may yet be brought."
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