Must a prisoner have access to the courts to recover damages for injuries sustained in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Roman v. Allison, CASE NO. 1:11-CV-00730-MJS (PC) (E.D. Cal. 2012):
must also enable the prisoner to ... litigate effectively once in court" has been disclaimed. Lewis, 518 U.S. 343. "The right of access to the courts does not permit recovery for careless or negligent acts. Rather, the evidence must reveal some active misuse of power." Funches. V Ebbert, 638 F.Supp.2d 1014, 1019 (S.D. Ill. June 16, 2009), citing Daniels v. Williams, 474 U.S. 327, 330 (1986).
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