CHAPTER 7. COMMENCEMENT OF ACTION AGAINST PUBLIC EMPLOYEES AND GOVERNMENT ENTITIES BY OFFENDER
IC 34-13-7
Chapter 7. Commencement of Action Against Public Employeesand Government Entities by Offender
IC 34-13-7-1
Required submissions by an offender bringing an action againstpublic employees and governmental entities
Sec. 1. (a) In addition to any other requirements under law, beforefiling a civil rights action or tort claim action against a publicemployee or government entity, an offender must submit to the trialcourt:
(1) a copy of the complaint the offender wishes to file;
(2) a list of all cases previously filed by the offender involvingthe same, similar, or related cause of actions; and
(3) a copy of all relevant documents pertaining to the ultimatedisposition of each previous case filed by the offender againstany of the same defendants in a state or federal court. Therelevant documents include:
(A) the complaint;
(B) any motions to dismiss or motions for summaryjudgment filed by the defendants in the actions;
(C) the state or federal court order announcing disposition ofthe 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 subjectto dismissal as a matter finally decided on its merits by a courtand 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 claimupon which relief may be granted, the court shall dismiss thecomplaint.
As added by P.L.80-2004, SEC.7.