What is the test for dismissing a frivolous or malicious lawsuit?

MultiRegion, United States of America

The following excerpt is from Samuels v. Ahlin, 1:10-cv-00585-DAD-EPG (PC) (E.D. Cal. 2017):

28 U.S.C. 1915(e)(2) provides that courts shall dismiss a case at any time if it determines that, inter alia, it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. A central function of this screening process is to "discourage the filing of, and waste of judicial and private resources upon, baseless lawsuits that paying litigants generally do not initiate because of the cost of bringing suit." Neitzke v. Williams, 490 U.S. 319, 327 (1989).

Other Questions


What is the effect of a strike if an action is dismissed as frivolous, malicious or frivolous? (MultiRegion, United States of America)
Does a prisoner have to proceed in forma pauperis in a civil action brought by a facility that has been dismissed on the grounds that it is frivolous, malicious or frivolous? (MultiRegion, United States of America)
Does a prior dismissal qualify as a strike if the prior dismissal was frivolous, malicious or failed to state a claim? (MultiRegion, United States of America)
Does an inmate have to proceed in forma pauperis if an action is dismissed as frivolous, malicious or frivolous? (MultiRegion, United States of America)
What is a strike on an action brought by an inmate who has had three prior actions or appeals dismissed as frivolous, malicious or frivolous? (MultiRegion, United States of America)
Does an inmate have to proceed in forma pauperis if an action has been dismissed as frivolous, malicious or frivolous? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss the complaint as "frivolous or malicious"? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Is a frivolous, malicious or frivolous action dismissed? (MultiRegion, United States of America)
Does the 9th Circuit have jurisdiction to dismiss a claim for wrongful dismissal as "frivolous or malicious"? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.