Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 5-1004

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) Prior to service of process of the prisoner’s civil action, the court shall review the prisoner’s initial complaint and identify any cognizable claims.

(b) After reviewing the prisoner’s complaint, the court may dismiss the civil action, or any portion thereof, with or without prejudice, if it finds that the civil action:

(1) Is frivolous, malicious, or fails to state a claim for which relief can be granted;

(2) Seeks monetary damages from a defendant who is immune from such relief; or

(3) Is barred under § 5-1003(a) of this subtitle.

(c) An order of dismissal under subsection (b)(1) or (2) of this section may be issued without first requiring proof of exhaustion.