Is a frivolous claim frivolous?
MultiRegion, United States of America
The following excerpt is from Telles v. Stanislaus County Sheriff's Dep't, Case No.: 1:10-cv-01911 AWI JLT (E.D. Cal. 2010):
1915(e)(2). A claim is frivolous "when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them." Denton v. Hernandez, 504 U.S. 25, 32-33 (1992).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a claim for pauperis qualify as frivolous, malicious or for failure to state a claim upon which relief may be granted? (MultiRegion, United States of America)
What is the test for determining that a frivolous claim is frivolous? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the test for classifying a frivolous claim as frivolous? (MultiRegion, United States of America)
Is there any case law in which a claim that a claim made by a plaintiff is "incredible or defies physical reality"? (MultiRegion, United States of America)
What is the difference between a claim and a claim in which damages are awarded in two separate actions? (MultiRegion, United States of America)
Does Claim 5(Q) relate back to Claim 5 (D)? (MultiRegion, United States of America)
What is the standard of review for a motion where a claim has been made that the claim is not reasonable? (Canada (Federal), Canada)
