When used in this chapter:

(1) “Complaint” shall mean any civil action or miscellaneous action or any application for an extraordinary writ.

(2) “Conditions of confinement” shall mean any aspect of a prisoner‘s complaint that does not address the fact or duration of a prisoner’s confinement.

(3) “Court” or “courts” shall mean all constitutional or statutory courts of this State.

(4) “Factually frivolous” shall mean a claim where the factual allegations of which are baseless, of little or no weight, value or importance, not worthy of serious attention or trivial.

(5) “Federal court” shall mean any federal court of competent jurisdiction over actions brought by prisoners as that term is defined in paragraph (9) of this section.

(6) “Inmate account” shall mean an account maintained by the Department of Correction in which money is held for prisoners of this State.

(7) “Legally frivolous” shall mean a claim based on an indisputably meritless legal theory.

(8) “Malicious” shall mean a claim designed to vex, injure or harass, or one which is otherwise abusive of the judicial process or which realleges pending or previously litigated claims.

(9) “Prisoner” shall mean any individual subject to the supervision of the Department of Correction, including, but not limited to, those individuals housed in correctional facilities outside of the State.

70 Del. Laws, c. 411, § ?1; 71 Del. Laws, c. 325, § ?1; 73 Del. Laws, c. 276, §§ ?1, 2;

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Delaware Code Title 10 Sec. 8801

  • courts: shall mean all constitutional or statutory courts of this State. See Delaware Code Title 10 Sec. 8801
  • Federal court: shall mean any federal court of competent jurisdiction over actions brought by prisoners as that term is defined in paragraph (9) of this section. See Delaware Code Title 10 Sec. 8801
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Prisoner: shall mean any individual subject to the supervision of the Department of Correction, including, but not limited to, those individuals housed in correctional facilities outside of the State. See Delaware Code Title 10 Sec. 8801
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.