Lueck v. Wathen.

PositionACCESS TO COURTS - Brief Article

U.S. District Court

LEGAL MATERIAL

PLRA -- Prison Litigation Reform Act

Lueck v. Wathen, 262 F.Supp.2d 690 (N.D.Tex. 2003). A state prisoner brought a pro se civil rights action under [section] 1983 against two assistant wardens and two prison officers, alleging violation of his right of access to courts. The district court held that the prisoner showed that he suffered an "actual injury" when the defendants confiscated and failed to return documents that he needed to complete a state habeas petition, as required by the Prison Litigation Reform Act (PLRA). The court noted that without the confiscated affidavit of...

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