What is the test for a plaintiff to bring a claim against a prisoner who has been denied access to the courts?
California, United States of America
The following excerpt is from Jones v. Cate, F063338 (Cal. App. 2012):
Prisoners have a constitutional right to access to the courts. (Lewis v. Casey (1996) 518 U.S. 343, 346.) A plaintiff attempting to state a claim for a violation of his right to court access must allege actual injury. (Id. at p. 349.) Before a denial of access to the courts claim can go forward, a prisoner must "demonstrate that a nonfrivolous legal
Page 22
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
In what circumstances will the courts deny access to the courts in civil cases to defendants who do not speak English? (California, United States of America)
Is Section 425.16 of the Ontario Freedom of Speech and Petitioning Act sufficient to bar a plaintiff from bringing a claim against the Ontario Court of Appeal? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Can an insurer deny a plaintiff's claim that she was induced to delay, or delay, filing a claim against the insurer? (California, United States of America)
Is the Attorney General's claim that the Court of Appeal has concluded that the Plaintiff's claim is foreclosed as law of the case? (California, United States of America)
What is the test for a motion where the Court of Appeal found that a lower court found that there was insufficient evidence to support the Plaintiff's claim? (California, United States of America)
What is the Defendant's claim that he was denied a hearing before an impartial judge because the trial court was predisposed to deny the recommendation for outpatient status? (California, United States of America)
Is Needelman's claim that he has been denied access to the Court of Appeal because he has not had an opportunity to raise the issue at the earliest opportunity? (California, United States of America)
What is the basis for a claim that a person who has been denied a right to sue under the California Civil Code of Civil Procedure is entitled to claim damages from the Court of Appeal? (California, United States of America)
