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Lawskills.com Georgia Caselaw
SOUDER v. WEBB et al.
A90A1978.
COOPER, Judge.
Case dismissal. Baldwin Superior Court. Before Judge Prior.
Pursuant to Brown v. Diaz, 184 Ga. App. 409 (3) (361 SE2d 490) (1987), appellant's federal cause of action brought in forma pauperis under 42 USCA 1983 is controlled by federal law. "Under 28 USCA 1915 (d), a trial court may dismiss a case if it is 'satisfied that the action is frivolous or malicious.' " Id. Upon a review of the record and a consideration of the types of violations asserted by appellant, "we are in agreement with the trial court that appellant's claim of injury was insufficient to amount to a constitutional deprivation and was properly dismissed as frivolous." Id. See Harris v. Menendez, 817 F2d 737 (11th Cir. 1987).
We also agree with the trial court's decision to assess attorney fees against appellant under OCGA 9-15-14. A federal court had already determined these issues to be frivolous. The record supports the court's determinations that there was no justiciable issue of law and fact and that the suit was brought to harass appellees. Despite appellant's indigent status, the award was proper. Newsome v. Graham, 254 Ga. 711, 712 (334 SE2d 183) (1985).
Michael J. Bowers, Attorney General, Daryl A. Robinson, John C. Jones, Senior Assistant Attorneys General, for appellees.
Harold Souder, pro se.
DECIDED JANUARY 31, 1991.
Thursday May 21 10:16 EDT


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