What is the test for establishing a violation of a prisoner's right of access to court?
MultiRegion, United States of America
The following excerpt is from Lau v. Harrington, CASE NO. 1:10-cv-01779-MJS (PC) (E.D. Cal. 2012):
To establish a violation of the right of access to the court, a prisoner must establish that he or she has suffered an actual injury, a jurisdictional requirement that flows from the standing doctrine and may not be waived. See Lewis v. Casey, 518 U.S. 343, 349 (1996). An "actual injury" is "actual prejudice with respect to contemplated or existing litigation, such as the inability to meet a filing deadline or to present a claim." Id. at 348.
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