§ 16-106-302 - Sanctions for frivolous, malicious, or wasteful claim.
16-106-302. Sanctions for frivolous, malicious, or wasteful claim.
(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 Section 1979 of the Revised Statutes of the United States, 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.