R.S. 15:1188

Judicial screening and service of process ACTIVE

A. The court shall review, before docketing if feasible or, in any event, before service on the defendants, a petition in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. On review, the court shall identify cognizable claims or dismiss the petition, or any portion of the petition, if the petition is frivolous, is malicious, fails to state a cause of action, seeks monetary relief from a defendant who is immune from such relief, or fails to state a claim upon which relief can be granted.

B. A court shall not authorize or permit service of a prisoner suit until compliance with both of the following:

(1) The screening required in Subsection A of this Section has been completed.

(2) The provisions of R.S. 15:1186(A)(1), (2), and (3) have been satisfied, if the plaintiff is proceeding in forma pauperis.

C. The clerk shall not have a prisoner suit served until specifically ordered to do so by the court as provided in Subsection B of this Section, and then the suit shall be served only upon those defendants specifically ordered by the court to be served.

Actions

References

Cited by

None.

History

  • enactment Acts 1997, No. 731, §1, eff. July 9, 1997
  • amendment Acts 1998, No. 110, §1, eff. May 5, 1998
  • amendment Acts 2001, No. 801, §1, eff. June 26, 2001
  • amendment Acts 2025, No. 253, §1

Section navigation

Cite R.S. 15:1188

Bluebook
La. Rev. Stat. Ann. § 15:1188 (2026).
Permalink
https://theusufruct.com/rs/title-15/section-1188
BibTeX
@misc{larevstat-15-1188,
  title        = {La. Rev. Stat. Ann. § 15:1188},
  howpublished = {Louisiana Revised Statutes},
  year         = {2026},
  url          = {https://theusufruct.com/rs/title-15/section-1188},
  note         = {Snapshot 2026-05-22}
}