CHAPTER 1. SCREENING PROCEDURE

IC 34-58

    ARTICLE 58. SCREENING OF OFFENDER
LITIGATION



IC 34-58-1

    

Chapter 1. Screening Procedure

IC 34-58-1-1

Action upon receipt of offender complaint

    

Sec. 1. Upon receipt of a complaint or petition filed by an
offender, the court shall docket the case and take no further action
until the court has conducted the review required by section 2 of this
chapter.

As added by P.L.80-2004, SEC.6.

IC 34-58-1-2

Frivolous, nonjudiciable, or moot claims barred; dismissal of
claims by a person falsely claiming indigent status

    

Sec. 2. (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.

As added by P.L.80-2004, SEC.6.

IC 34-58-1-3

Order if claim barred

    

Sec. 3. If a court determines that a claim may not proceed under
section 2 of this chapter, the court shall enter an order:

        (1) explaining why the claim may not proceed; and

        (2) stating whether there are any remaining claims in the
complaint or petition that may proceed.

As added by P.L.80-2004, SEC.6.

IC 34-58-1-4

Duty of the clerk

    

Sec. 4. The clerk of the court shall send an order entered under

section 3 of this chapter to:

        (1) the offender;

        (2) each defendant or respondent in the action;

        (3) the department of correction, if the offender is incarcerated
by the department of correction;

        (4) the sheriff of the county in which the inmate is incarcerated,
if the inmate is incarcerated in a county or city jail; and

        (5) the attorney general.

As added by P.L.80-2004, SEC.6.