Public-domain · open source
OpenJurist

Ark. Code Ann. § 16-106-302

Sanctions for frivolous, malicious, or wasteful claim

Applied in 1 court decision — leading case Brown v. Arkansas Department of Correction (1999)

Most recently applied in Brown v. Arkansas Department of Correction (December 1999)

Acts 1997, No. 851, § 2.

(1) The court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions under 42 U.S.C. § 1983 or any other federal law, by any incarcerated person if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief.

(2) In the event that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.