NCJ Number
103435
Editor(s)
D J Anderson
Date Published
1986
Length
35 pages
Annotation
This booklet discusses court procedures used to screen out frivolous inmate lawsuits without compromising inmates' legitimate rights.
Abstract
The requirement that inmate plaintiffs pay a full or partial filing fee when able to do so can help eliminate frivolous claims. Although lack of funds for such fees does not disqualify a person from filing a meritorious lawsuit, an inmate is required to prove that such funds are not available before in forma pauperis (right to proceed without paying court costs) is granted. This may discourage frivolous claims. Pursuant to 28 U.S.C., Section 1915 (d), courts have discretion to dismiss frivolous (not based in fact or legal principles) in forma pauperis actions before process is issued and served. Such dismissals should be accompanied by workable suggestions to the district and appellate courts regarding any response by defendants upon plaintiff's appeal of the dismissal. Limiting the number of lawsuits an informa pauperis inmate can file annually and requiring that leave of court be granted prior to the clerk's filing of additional complaints are also means of producing early dismissal of frivolous inmate claims. Another screening procedure is to require, prior to filing, that the inmate's claims have not been previously raised in other filed complaints. Frivolous inmate lawsuits could also be reduced by prohibiting the filing of any additional complaints unless the inmate is represented by a licensed attorney. 80 footnotes.