Ark. Code Ann. § 16-106-202 (2020)
Premature, frivolous, or malicious lawsuits
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A civil action or claim initiated against the state, the Board of Corrections, the Division of Correction, the Division of Community Correction, another state agency, or a political subdivision, or an original action in an appellate court, or an appeal of an action, whether or not the plaintiff was represented in court, by an inmate in a penal institution or an incarcerated person appearing pro se may be:
- Dismissed without prejudice by the court on its own motion or on a motion of the defendant, if all administrative remedies available to the inmate have not been exhausted; or
- Dismissed with prejudice by the court on a motion of the defendant if the court is satisfied that the action is frivolous or malicious.
- As used in this section, “civil action” does not include a petition for a writ of habeas corpus or other petition for post-conviction release in which the court is jurisdictionally empowered to grant release from incarceration or a reduction in sentence.
History. Acts 1997, No. 371, § 1; 2019, No. 910, § 966.
Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction” in the introductory language of (a).
Case Notes
Application.
Petitioner failed to show that the circuit court erred when it determined his habeas petition was a civil action that constituted one strike for purposes of § 16-68-607, because this section had no application to § 16-68-607, and § 16-68-607 did apply, when the circuit court correctly found that the petition for writ of habeas corpus failed to state a claim upon which relief could be granted. McArty v. Hobbs, 2012 Ark. 257, cert. denied, 568 U.S. 920, 133 S. Ct. 371, 184 L. Ed. 2d 219 (2012).