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2nd Circuit: Having a Lawyer Satisfies Test for Court Access

New York Law Journal

October 8, 2004

For the first time, the 2nd U.S. Circuit Court of Appeals has ruled explicitly that the appointment of counsel fully satisfies constitutional guarantees on providing prisoners, including pretrial detainees, access to the courts. The court ruled against a prisoner who was represented by court-appointed counsel but claimed he was effectively denied access to the courts because the prison law library denied him reference materials sufficient for preparing a pro se motion.