2010 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 58. SCREENING OF OFFENDER LITIGATION
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.