HOUSE BILL No. 4911


     June 12, 1997, Introduced by Rep. Profit and referred to the Committee on Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9948) by adding section 2964.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 2964.  (1) AN ACTION ALLEGING UNLAWFUL PRISON OR JAIL

 2    CONDITIONS SHALL NOT BE COMMENCED IN A COURT OF THIS STATE BY A

 3    PRISONER OR INMATE CONFINED IN ANY STATE CORRECTIONAL FACILITY OR

 4    COUNTY JAIL UNTIL ADMINISTRATIVE REMEDIES AVAILABLE TO THE PRIS-

 5    ONER OR INMATE ARE EXHAUSTED.

 6         (2) A COURT IN WHICH AN ACTION DESCRIBED IN SUBSECTION (1)

 7    IS BROUGHT, ON ITS OWN MOTION OR ON THE MOTION OF A PARTY TO THE

 8    ACTION, SHALL DISMISS THE ACTION IF THE COURT IS SATISFIED THAT

 9    THE ACTION IS FRIVOLOUS, IS MALICIOUS, FAILS TO STATE A CLAIM

10    UPON WHICH RELIEF CAN BE GRANTED, OR SEEKS MONETARY RELIEF FROM A

11    DEFENDANT WHO IS IMMUNE FROM MONETARY RELIEF.


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 1         (3) IF A CLAIM UNDERLYING AN ACTION DESCRIBED IN SUBSECTION

 2    (1), ON ITS FACE, IS FRIVOLOUS, IS MALICIOUS, FAILS TO STATE A

 3    CLAIM UPON WHICH RELIEF CAN BE GRANTED, OR SEEKS MONETARY RELIEF

 4    FROM A DEFENDANT WHO IS IMMUNE FROM MONETARY RELIEF, THE COURT

 5    MAY DISMISS THE UNDERLYING CLAIM WITHOUT FIRST REQUIRING THAT THE

 6    PRISONER OR INMATE EXHAUST HIS OR HER ADMINISTRATIVE REMEDIES.












































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