In a forma pauperis case, can a claim be dismissed as frivolous?
MultiRegion, United States of America
The following excerpt is from Chapman v. McNamee, 29 F.3d 631 (9th Cir. 1994):
In forma pauperis complaints that are frivolous may be dismissed before service of process under 28 U.S.C. Sec. 1915(d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). Claims against defendants who are immune from suit and claims of infringement of a legal interest which clearly does not exist may be dismissed as legally frivolous. Id. at 327.
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