TITLE 42 PENAL INSTITUTIONS

Section 12. Prison Litigation Reform, 42-12-1 through 42-12-9.

ARTICLE 5 FEES

42-12-6. Determination as to whether prisoner's action frivolous.

Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner's action was frivolous. The court may award reasonable costs and attorney's fees to defendants or respondents if the court finds that:

1. Any material allegation in the prisoner's in forma pauperis affidavit is false; or
2. The action or any part of the action is malicious or frivolous as defined in Code Section 9-15-14.

(Code 1981, §42-12-6, enacted by Ga. L. 1996, p. 400, § 1.)