Ind. Code § 34-58-1-2 : CIVIL LAW AND PROCEDURE — SCREENING OF OFFENDER LITIGATION — SCREENING PROCEDURE —58-1-2 - Frivolous, nonjudiciable, or moot claims barred; dismissal of claims by a person falsely claiming indigent status

(a) A court shall review a complaint or petition filed by an offender and shall determine if the claim may proceed. A claim may not proceed if the court determines that the claim:
(1) is frivolous;
(2) is not a claim upon which relief may be granted; or
(3) seeks monetary relief from a defendant who is immune from liability for such relief.
(b) A claim is frivolous under subsection (a)(1) if the claim:
(1) is made primarily to harass a person; or
(2) lacks an arguable basis either in:
(A) law; or
(B) fact.
(c) A court shall dismiss a complaint or petition if:
(1) the offender who filed the complaint or petition received leave to prosecute the action as an indigent person; and
(2) the court determines that the offender misrepresented the offender's claim not to have sufficient funds to prosecute the action.

IC 34-58-1-2

As added by P.L. 80-2004, SEC.6.
SECTIONS