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·Title 34 CIVIL LAW AND PROCEDURE·Art. 58 SCREENING OF OFFENDER LITIGATION·Ch. 1 Screening Procedure

(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.

Indiana § 34-58-1-2 (Frivolous, nonjudiciable, or moot claims barred; dismissal of claims by a person falsely claiming indigent status) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.