Harer v. Casey

Dist. Ct. erred in denying defendants-police officials' motion to dismiss plaintiffs' section 1983 action, alleging that defendants denied plaintiffs' constitutional right of access to courts when they engaged in cover-up to protect different defendant-police officer prior to and after plaintiffs began prosecuting said officer in underlying wrongful death claim. Plaintiffs are required to show in instant "backward-looking" access to courts claim that defendants' actions effectively precluded them from obtaining relief in wrongful death claim, and plaintiffs could not proceed at this juncture on their denial of access to courts claim, since: (1) defendants had not caused loss of and/or inadequate resolution of plaintiffs' wrongful death claim, which was still active and pending; (2) any contention that plaintiffs suffered concrete setback in wrongful death claim that was traceable to defendants' conduct was only speculation about event that might not come to pass; and (3) plaintiffs still had discovery process in wrongful death action that provided them with access to information/access to courts. As such, Dist. Ct should have dismissed without prejudice instant denial of court access claim pending outcome of wrongful death claim.