CHRISTOPHER v. HARBURY

Legal Principle at Issue

1. Whether allegations that senior State Department and National Security Council officials withheld information and intentionally misled a private citizen about their knowledge of a foreign rebel leader in the captivity of a foreign government state a violation of the constitutional right of access to the courts, when the only claim is that defendants' speech was intentionally misleading and there are no allegations that the plaintiff ever tried to file a lawsuit and was actually hindered in that effort.

2. Whether, if the Court concludes that a constitutional violation is properly grounded on allegations such as these, government officials violate clearly established law whenever they allegedly mislead a private citizen or conceal information and it is alleged that they intended to and did hinder the filing of a hypothetical lawsuit.

Action

Reversed and remanded. Petitioning party received a favorable disposition.