28-U.S.C.-1915A
§1915A – Screening
Pathway
Title 28 > Part V > Chapter 123 > Section 1915A
Details
- Reference: Section 1915A
- Legend: §1915A – Screening
- USCode Year: 2013
Provision Content
(a) Screening.—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.
(b) Grounds for Dismissal.—On review, the court shall 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 such 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.
(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.)
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1914 in the Legal Encyclopedia: Judiciary
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28-U.S.C.-1865 in the Legal Encyclopedia: Judicial Procedure
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