28 U.S.C. § 1915A — Screening
submitted 30 years ago by Pub. L. 104-134 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 150 words · no verdicts yet
Screening is governed by the rules in this section. (a) Screening .— The court must review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(a) Screening .— The court must review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(b) Grounds for Dismissal .— On review, the court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint—
(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from that relief.
(c) Definition .— As used in this section, the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint—
is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
seeks monetary relief from a defendant who is immune from such relief.
As used in this section, the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
Source credit: (Added Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 805(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–75; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
- 1996Enacted · Pub. L. 104-134 · 110 Stat. 1321, 1321
- 1996Amended · Pub. L. 104-140 · 110 Stat. 1327
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-134 on 1996-04-26.
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