State Codes and Statutes
Statutes > Indiana > Title34 > Ar13 > Ch7IC 34-13-7
Chapter 7. Commencement of Action Against Public Employees
and Government Entities by Offender
IC 34-13-7-1
Required submissions by an offender bringing an action against
public employees and governmental entities
Sec. 1. (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.
As added by P.L.80-2004, SEC.7.
