§ 34-13-7-1 — Required submissions by an offender bringing an action against public employees and governmental entities

Indiana § 34-13-7-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 13: CAUSES OF ACTION: CLAIMS AGAINST THE
• Ch. 7: Commencement of Action Against Public Employees

Text

(a) In addition to any other requirements under
law, before filing a civil rights action or tort claim action against a
public employee or government entity, an offender must submit to the
trial court:
(1) a copy of the complaint the offender wishes to file;
(2) a list of all cases previously filed by the offender involving the
same, similar, or related cause of actions; and
(3) a copy of all relevant documents pertaining to the ultimate
disposition of each previous case filed by the offender against any
of the same defendants in a state or federal court. The relevant
documents include:
(A) the complaint;
(B) any motions to dismiss or motions for summary judgment
filed by the defendants in the actions;
(C) the state or federal court order announcing disposition of
the case; and
(D) any opinions issued in the case by any appellate court.
(b) An offender must file with the court a brief that includes:
(1) a legal argument;
(2) a citation to authority; and
(3) an explanation to the court why the new action is not subject
to dismissal as a matter finally decided on its merits by a court
and not subject to litigation again between the same parties.
(c) If the trial court determines that the complaint is frivolous,
malicious, or otherwise utterly without merit, or fails to state a claim
upon which relief may be granted, the court shall dismiss the
complaint.

Legislative History

As added by P.L.80-2004, SEC.7.