(a)
(1) As used in this section, “civil action or proceeding” includes without limitation a legal action filed in federal or state court.
(2) “Civil action or proceeding” does not include:
(A) A petition for writ of habeas corpus;
(B) A petition for writ of error coram nobis; or
(C) A petition for relief under Rule 37 of the Arkansas Rules of Criminal Procedure.
(b) Unless the incarcerated person is under imminent danger of serious physical injury, an incarcerated person may not bring a civil action or appeal a judgment in a civil action or proceeding under the Arkansas indigency statutes if, on three (3) or more prior occasions while incarcerated or detained in any facility, the incarcerated person brought an action that was determined by a court to:
(1) Be frivolous or malicious; or
(2) Fail to state a claim upon which relief may be granted.
Structure Arkansas Code