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2018 Kentucky Revised Statutes
CHAPTER 454 - MISCELLANEOUS CIVIL PRACTICE PROVISIONS
.405 Dismissal of civil actions brought by inmates -- Grounds -- Order -- Assessment of fines and costs.

Universal Citation: KY Rev Stat § 454.405 (2018)
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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.
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