Access to courts is essential for those who are incarcerated.
Yet, prisoners seeking relief from abuse or neglect often find themselves trapped in an unfair system in which technical rules keep them out of court.
We advocate against restrictions to prisoners’ access to courts and counsel.
Key Cases
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Woodson v. McCollum (Tenth Circuit)
Access to Courts
Woodson v. McCollum concluded in an important ruling that paves the way for greater access to courts by prisoners who have been the victim of unlawful conduct. The Prison Litigation Reform Act (PLRA) is the 1996 federal law, which governs how an individual in prison can bring forth constitutional violations within the federal court system....
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Garza v. Idaho (U.S. Supreme Court)
Access to Courts
On February 27, 2019, the MacArthur Justice Center obtained a major victory in the U.S. Supreme Court in Garza v. Idaho. In an opinion written by Justice Sonia Sotomayor, the Supreme Court recognized that a criminal defendant has the constitutional right to an appeal where his defense attorney improperly forfeited it, and that this right...
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Smith v. Sachse, et al.
Access to Courts
The MacArthur Justice Center filed a lawsuit against various employees of the Missouri Department of Corrections after their clients were retaliated against for accessing the prison grievance process, conferring with counsel regarding conditions of their confinement, and pursuing legal action to protect their constitutional rights.
Key Facts
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Prison Litigation Reform Act
The Prison Litigation Reform Act (PLRA) is the 1996 federal law, which governs how an individual in prison can bring forth constitutional violations within the federal court system. -
Obstacles to Litigation
It imposes a number of obstacles specifically designed to reduce the amount of federal litigation coming from prisoners. -
"Three Strikes"
One of these obstacles is the “three strikes” rule, which requires the prisoner to pre-pay a filing fee if the individual has had three previous cases dismissed.