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34-58-1-2. Frivolous, nonjudiciable, or moot claims barred; dismissal of claims by a person falsely claiming indigent status

IN Code § 34-58-1-2 (2019) (N/A)
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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.

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