Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961

Mich. Comp. Laws § 600.5509

Complaint; review by court; dismissal; reply; waiver; requirement; reasons for decision by court.

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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.5509 Complaint; review by court; dismissal; reply; waiver; requirement; reasons for decision by court.

Sec. 5509.

    (1) The court shall review as soon as practicable a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

    (2) On review, the court shall dismiss the complaint or a portion of the complaint if the court finds either of the following:

    (a) The complaint or a portion of the complaint is frivolous.

    (b) The complaint seeks monetary relief from a defendant who is immune from the requested relief.

    (3) A defendant may waive the right to reply to an action brought by a prisoner. Notwithstanding any other law or rule of procedure, a waiver under this subsection does not constitute an admission of the allegations contained in the complaint. Relief shall not be granted to the plaintiff unless a reply has been filed.

    (4) The court may require a defendant to reply to a complaint in a civil action concerning prison conditions if it finds that the plaintiff is likely to prevail on the merits.

    (5) If, after reviewing the complaint, the court does not dismiss the complaint under this section, the court shall indicate in the record the reasons for that decision.

History: Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2015–2024 · leading case: Doe v. Department of Corrections
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Doe v. Department of Corrections (2015) michctapp · cites it 3× “2963 applies to civil actions concerning prison conditions and requiring courts to *110 dismiss a case at any time for several reasons); MCL 600.5509 (stating that a court shall review as soon as practicable a civil complaint in which a prisoner seeks redress from a governmental…”
Trent Brown v. State of Michigan (2023) michctapp · cites it 10× “Also on February 15, 2022, defendants moved the trial court to apply MCL 600.5509 of the PLRA. Defendants explained that MCL 600.”
Brown 210522 v. Washington (2024) miwd · cites it 6× “Mich. Comp. Laws § 600.5509 . 4 In Denton v.”
Nakyrra Hogan v. Wayne County (2024) michctapp “5505; MCL 600.5509. There is no indication that the Legislature was only concerned with prisoner litigation against the current place of litigation.”
John Doe 1 v. Department of Corrections (2015) michctapp “2963 applies to civil actions concerning prison conditions and requiring courts to dismiss a case at any time for several reasons); MCL 600.5509 (stating that a court shall review as soon as practical a civil action in which a prisoner seeks redress from a government entity and…”
John Doe 1 v. Department of Corrections (2015) michctapp “5505(2), MCL 600.5509(1)-(2), as well as the list maintained by the state court administrator’s office of the frivolous civil actions brought by prisoners concerning prison conditions, MCL 600.”
John Doe 1 v. Department of Corrections (2015) michctapp “2963 applies to civil actions concerning prison conditions and requiring courts to dismiss a case at any time for several reasons); MCL 600.5509 (stating that a court shall review as soon as practical a civil action in which a prisoner seeks redress from a government entity and…”
— Mich. Comp. Laws § 600.5509(1) — 3 cases
Doe v. Department of Corrections (2015) michctapp “2963 applies to civil actions concerning prison conditions and requiring courts to *110 dismiss a case at any time for several reasons); MCL 600.5509 (stating that a court shall review as soon as practicable a civil complaint in which a prisoner seeks redress from a governmental…”
Trent Brown v. State of Michigan (2023) michctapp “Also on February 15, 2022, defendants moved the trial court to apply MCL 600.5509 of the PLRA. Defendants explained that MCL 600.”
John Doe 1 v. Department of Corrections (2015) michctapp “5505(2), MCL 600.5509(1)-(2), as well as the list maintained by the state court administrator’s office of the frivolous civil actions brought by prisoners concerning prison conditions, MCL 600.”
— Mich. Comp. Laws § 600.5509(2) — 1 case
Trent Brown v. State of Michigan (2023) michctapp “Also on February 15, 2022, defendants moved the trial court to apply MCL 600.5509 of the PLRA. Defendants explained that MCL 600.”
— Mich. Comp. Laws § 600.5509(2)(a) — 1 case
Trent Brown v. State of Michigan (2023) michctapp “Also on February 15, 2022, defendants moved the trial court to apply MCL 600.5509 of the PLRA. Defendants explained that MCL 600.”
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