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Money Damages

Pursuant to 5 USCS § 702, a person adversely affected by agency action is entitled to judicial review, but suits challenging agency actions seeking money damages are excluded.  A litigation in which the issue is a claim for money damages alone, the provisions of judicial review does not apply.

The Administrative Procedure Act section does not foreclose judicial review in an action for specific relief and since it is not an action for money damages.  However, in Grosch v. Tunica County, 2009 U.S. Dist. LEXIS 4966, 26-27 (N.D. Miss. Jan. 22, 2009) the court stated that although the plaintiff was limited in seeking damages and presenting further evidence which he already disclosed, it would not exclude damages for lost wages, loss of earning capacity, harm to reputation, emotional distress or mental anguish.

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