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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Terms Used In South Dakota Codified Laws 21-62-4

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Source: SL 2010, ch 112, § 4.