SDCL § 21-62-4: Dismissal of actions regarding prison conditions.
Where this section sits in the code
- TITLE 21. JUDICIAL REMEDIES
- CHAPTER 21-62. PRISONERS' ACTIONS
A court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions by a prisoner confined to any jail, prison, or other correctional facility if the court determines that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks relief from a defendant who is immune from such relief. A court may dismiss an action pursuant to this section without first requiring the exhaustion of administrative remedies.
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