2016 Kentucky Revised Statutes CHAPTER 454 - MISCELLANEOUS CIVIL PRACTICE PROVISIONS .405 Dismissal of civil actions brought by inmates -- Grounds -- Order -- Assessment of fines and costs.
Download as PDF
454.405 Dismissal of civil actions brought by inmates -- Grounds -- Order -Assessment of fines and costs.
(1)
(2)
(3)
(4)
(5)
At any time, and upon its own motion or on motion of a party, a court may dismiss
a civil action brought by an inmate or on behalf of an inmate if satisfied that the
action is malicious or harassing or if satisfied that the action is legally without merit
or factually frivolous. In addition to any other available disposition, a court may
dismiss the civil action if satisfied that the affidavit of poverty in support of a
request to proceed in forma pauperis is wholly or partly false or misleading.
This section does not apply to criminal or collateral criminal proceedings.
A court which dismisses a civil action brought by an inmate for any of the reasons
set out in subsection (1) of this section shall include as part of its order specific
findings as to the reasons for the dismissal. The court shall, upon issuing the order,
direct the circuit clerk to transmit a copy of the entire court order to the official
having custody of the inmate and to all persons named as a party defendant in the
action.
A court which dismisses a civil action brought by an inmate for any of the reasons
set out in subsection (1) of this section may include as part of its order an
assessment of fines and costs against the inmate as the court may deem reasonable
and prudent. The Department of Corrections, county jail, or other local or regional
correctional facility may enforce this assessment against the inmate's canteen
account and against any other assets of the inmate through any other mechanism
provided by law.
No inmate may maintain a civil action for monetary damages in any state court for
mental or emotional injury without a prior showing of physical injury.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 46, sec. 2, effective July 15, 2010. -- Amended
2000 Ky. Acts ch. 345, sec. 6, effective July 14, 2000. -- Created 1996 Ky. Acts ch.
118, sec. 1, effective July 15, 1996.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.