Ohio Admin. Code 5120-9-47 - Sanctions for filing frivolous actions
(A) At any time, and upon its own motion or
on the motion of a party, a court may conduct an inquiry into whether any civil
action or appeal brought by an inmate was brought in good faith. An inmate who
is found by a court to have brought a frivolous civil action or appeal in any
court of this state or in any federal court, or who is found by a state court
to have brought a malicious civil action or appeal, or who is found by a state
court to have filed false allegations of indigency in a poverty affidavit, or
who is found by a state court to have filed additional affidavits relating to
waiver, prior actions or appeals, and grievances, as set forth in section
2969.25 and
2969.26 of the Revised Code,
that were materially false, is subject to loss of certain privileges and or
extra work duty.
(B) If a court
issues such a written finding and forwards it to the appropriate institution
for further action, the warden or designee shall, within a reasonable time,
impose upon that inmate, one or more of the following sanctions:
(1) Extra work duty, without compensation,
for not more than sixty days;
(2)
The loss of commissary privileges for not more than sixty days;
(3) The loss of television privileges for not
more than sixty days;
(4) The loss
of radio privileges for not more than sixty days;
(5) The loss of recreational activity
privileges for not more than sixty days;
(6) The loss of sundry package privileges for
one time in any calendar year.
(C) The inmate shall receive written notice
of the wardens or designees sanction(s) along with a copy of the courts
finding. Department employees are not required to grant the inmate any further
process.
Notes
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.011
Rule Amplifies: 5120.011, 2969.24, 2969.25, 2969.26
Prior Effective Dates: 05/22/1997
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.011
Rule Amplifies: 5120.011, 2969.24, 2969.25, 2969.26
Prior Effective Dates: 05/22/1997
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