Assessment of fines and costs.
(1) At any time, and upon its own motion or on motion of a party, a court may dismiss
a civil action brought by an inmate or on behalf of an inmate if satisfied that the
action is malicious or harassing or if satisfied that the action is legally without merit
or factually frivolous. In addition to any other available disposition, a court may
dismiss the civil action if satisfied that the affidavit of poverty in support of a
request to proceed in forma pauperis is wholly or partly false or misleading.
(2) This section does not apply to criminal or collateral criminal proceedings.
(3) A court which dismisses a civil action brought by an inmate for any of the reasons
set out in subsection (1) of this section shall include as part of its order specific
findings as to the reasons for the dismissal. The court shall, upon issuing the order,
direct the circuit clerk to transmit a copy of the entire court order to the official
having custody of the inmate and to all persons named as a party defendant in the
action.
(4) A court which dismisses a civil action brought by an inmate for any of the reasons
set out in subsection (1) of this section may include as part of its order an
assessment of fines and costs against the inmate as the court may deem reasonable
and prudent. The Department of Corrections, county jail, or other local or regional
correctional facility may enforce this assessment against the inmate's canteen
account and against any other assets of the inmate through any other mechanism
provided by law.
(5) No inmate may maintain a civil action for monetary damages in any state court for
mental or emotional injury without a prior showing of physical injury.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 46, sec. 2, effective July 15, 2010. -- Amended
2000 Ky. Acts ch. 345, sec. 6, effective July 14, 2000. -- Created 1996 Ky. Acts ch.
118, sec. 1, effective July 15, 1996.
Notes of Decisions
Cited in
7
cases (
3 in the last 5 years), 2008–2025 · leading case:
Edwards v. Van De Rostyne, 245 S.W.3d 797 (Ky. Ct. App. 2008).
Edwards v. Van De Rostyne, 245 S.W.3d 797 (Ky. Ct. App. 2008).
· cites it 12× “To permit the putative Plaintiff to institute and litigate a parallel civil action and the associated cost thereof to the taxpayer would be frivolous under [KRS 454.405], while the criminal action is still pending.”
Brian Smith v. Scott Jordan, Warden (Ky. Ct. App. 2021).
· cites it 5× “On July 27, 2018, a prison disciplinary report was issued against Smith for allegedly physically assaulting another inmate.”
James Harrison v. Catherine Weicht (Ky. Ct. App. 2021).
· cites it 2× “02(f), and that the action was malicious or harassing under KRS 454.405(1). Harrison filed a motion to reconsider and to file -3- an amended complaint.”
Kevin Henderson v. Daniel Cameron Kentucky Attorney Gen. (Ky. Ct. App. 2020).
“Henderson to be mindful of Kentucky Revised Statute (KRS) 197.045(5). Having previously filed a writ in Jefferson County requesting the action he requests here, to wit, that a prosecutor be made to institute a prosecution against his co-defendant, this is a successive action.”
Joseph L. Silverburg v. Diane Minnifield (Ky. 2025).
“However, KRS 454.405 pertains to the circumstances in which a court may dismiss a malicious, harassing, unmeritorious, or factually frivolous civil action brought by an inmate.”
— Ky. Rev. Stat. § 454.405(1) — 3 cases
Edwards v. Van De Rostyne, 245 S.W.3d 797 (Ky. Ct. App. 2008).
“To permit the putative Plaintiff to institute and litigate a parallel civil action and the associated cost thereof to the taxpayer would be frivolous under [KRS 454.405], while the criminal action is still pending.”
James Harrison v. Catherine Weicht (Ky. Ct. App. 2021).
“02(f), and that the action was malicious or harassing under KRS 454.405(1). Harrison filed a motion to reconsider and to file -3- an amended complaint.”
Brian Smith v. Scott Jordan, Warden (Ky. Ct. App. 2021).
“On July 27, 2018, a prison disciplinary report was issued against Smith for allegedly physically assaulting another inmate.”
— Ky. Rev. Stat. § 454.405(5) — 1 case
James Harrison v. Catherine Weicht (Ky. Ct. App. 2021).
“02(f), and that the action was malicious or harassing under KRS 454.405(1). Harrison filed a motion to reconsider and to file -3- an amended complaint.”
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