Indiana § 34-58-1-2 Frivolous, nonjudiciable, or moot claims barred; dismissal of claims by
a person falsely claiming indigent status

Indiana Statutes

§ 34-58-1-2 — Frivolous, nonjudiciable, or moot claims barred; dismissal of claims by a person falsely claiming indigent status

Indiana § 34-58-1-2

Title 34CIVIL LAW AND PROCEDURE

Art. 58SCREENING OF OFFENDER LITIGATION

Ch. 1Screening Procedure

This text of Indiana § 34-58-1-2 (Frivolous, nonjudiciable, or moot claims barred; dismissal of claims by a person falsely claiming indigent status) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-58-1-2 (2026).

Text

(a)A court shall review a complaint or petition filed by an offender and shall determine if the claim may proceed. A claim may not proceed if the court determines that the claim:

(1)is frivolous;

(2)is not a claim upon which relief may be granted; or

(3)seeks monetary relief from a defendant who is immune from liability for such relief.

(b)A claim is frivolous under subsection (a)(1) if the claim:

(1)is made primarily to harass a person; or

(2)lacks an arguable basis either in:

(A)law; or

(B)fact.

(c)A court shall dismiss a complaint or petition if:

(1)the offender who filed the complaint or petition received leave to prosecute the action as an indigent person; and

(2)the court determines that the offender misrepresented the offender's claim not to have sufficient funds to pros

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(a) A court shall review a complaint or petition
filed by an offender and shall determine if the claim may proceed. A
claim may not proceed if the court determines that the claim:
(1) is frivolous;
(2) is not a claim upon which relief may be granted; or
(3) seeks monetary relief from a defendant who is immune from
liability for such relief.
(b) A claim is frivolous under subsection (a)(1) if the claim:
(1) is made primarily to harass a person; or
(2) lacks an arguable basis either in:
(A) law; or
(B) fact.
(c) A court shall dismiss a complaint or petition if:
(1) the offender who filed the complaint or petition received leave
to prosecute the action as an indigent person; and
(2) the court determines that the offender misrepresented the
offender's claim not to have sufficient funds to prosecute the
action.