454.405 Dismissal of civil actions brought by inmates -- Grounds -- Order --

303 words·~1 min read·/ky/454-405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Assessment of fines and costs.

(1)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.

(2)This section does not apply to criminal or collateral criminal proceedings.

(3)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.

(4)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.

(5)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.