What is the test for screening a prisoner's complaint that seeks relief against a governmental entity, its officer or its employee?

MultiRegion, United States of America

The following excerpt is from Villery v. Sanders, Case No. 1:18-cv-01067-DAD-JDP (E.D. Cal. 2019):

A district court is required to screen a prisoner's complaint that seeks relief against a governmental entity, its officer, or its employee. See 28 U.S.C. 1915A(a). The court must identify any cognizable claims and dismiss any portion of the complaint that is frivolous or malicious, that fails to state a claim upon which relief may be granted, or that seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. 1915A(b)(1), (2). The court must construe an unrepresented litigant's complaint liberally. Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam).

Other Questions


What is the test for screening a civil rights complaint brought by a prisoner seeking relief against a governmental entity or officer or employee of the governmental entity? (MultiRegion, United States of America)
What is the test for screening a prisoner's complaint that seeks relief against a governmental entity, officer or employee? (MultiRegion, United States of America)
What is the test for a motion to dismiss a complaint brought by a prisoner against a governmental entity or officer or employee of the governmental entity? (MultiRegion, United States of America)
What is the test for a federal court to hear a pro se pleading in a civil case brought by a prisoner seeking damages from a governmental entity or officer or employee? (MultiRegion, United States of America)
When a prisoner seeks relief based on new evidence without an evidentiary hearing, does the prisoner have to produce the evidence in order to seek relief? (MultiRegion, United States of America)
Can a prison officer be found guilty of deliberate indifference in a case where a prisoner was deprived of food, water and sleep deprivation by prison officials? (MultiRegion, United States of America)
What is the test for screening a civil rights action brought by a prisoner against a governmental entity? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
Is a prison officer's mental state a determinative factor in determining whether a prisoner should be released from prison without trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.