Arkansas Legal Resource Navigator

16-106-302. Sanctions for frivolous, malicious, or wasteful claim.

Arkansas Code — all titles (historical 2020) · legal_authorities

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 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.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-106-302

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:16-106-302
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bdbc4d50a74d198b3e749253e4d36373c7d4aa4f57cdec7b7dfafdcbcad2b5d1

Source location: content.xml paragraph 42497

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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 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1983 — Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1983

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1983. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1983 — Civil action for deprivation of rights

Page 5236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1983 (c) refuse to approve a lending institution or any other lender as a beneficiary under any program admin- istered by it which is affected by this order or revoke such approval if previously given. SEC. 303. In appropriate cases executive departments and agencies shall refer to the Attorney General viola- tions of any rules, regulations, or procedures issued or adopted pursuant to this order, or violations of any nondiscrimination provisions included in any agree- ment or contract, for such civil or criminal action as he may deem appropriate. The Attorney General is au- thorized to furnish legal advice concerning this order to the Committee and to any department or agency re- questing such advice. SEC. 304. Any executive department or agency af- fected by this order may also invoke the sanctions pro- vided in Section 302 where any person or firm, includ- ing a lender, has violated the rules, regulations, or pro- cedures issued or adopted pursuant to this order, or the nondiscrimination provisions included in any agree- ment or contract, with respect to any program affected by this order administered by any other executive de- partment or agency. PART IV—ESTABLISHMENT OF THE PRESIDENT’S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] PART V—POWERS AND DUTIES OF THE PRESIDENT’S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING SEC. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] SEC. 502. (a) The Committee shall take such steps as it deems necessary and appropriate to promote the co- ordination of the activities of depa

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1983

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1983. This identifies an authority to review, not proof of applicability.