(a) The court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions under 42 U.S.C. § 1983 or any other federal law, by any incarcerated person if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief.
(b) In the event that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.
Structure Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 7 - Particular Proceedings And Remedies
Chapter 106 - Actions by or Against State
Subchapter 3 - Prisoners — Administrative Remedies
§ 16-106-301. Exhaustion of administrative remedies required — Definition
§ 16-106-302. Sanctions for frivolous, malicious, or wasteful claim