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.
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.
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.
