What is the test for an inmate to obtain access to the courts?
MultiRegion, United States of America
The following excerpt is from Fosselman v. Hidalgo, Case No. 1:11 -cv-00575-AWI-MJS (PC) (E.D. Cal. 2014):
Inmates have a fundamental right of access to the courts, for habeas and civil rights actions. Lewis v. Casey, 518 U.S. 343, 346-54 (1996). An inmate claiming denial of access to courts must show: 1) actual injury from the loss of a nonfrivolous or arguable underlying claim; 2) the official acts frustrating the litigation; and 3) a remedy that may be awarded as recompense but that is not otherwise available in a future suit.
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