State ex rel. Peeples v. Anderson

In his first proposition of law, Peeples contends that federal constitutional rights to due process and prohibiting cruel and unusual punishment require prison officials to provide prisoners with medical tests which are reasonable and necessary for the diagnosis of infectious diseases where there is evidence of possible transmission during a prison altercation.

While sua sponte dismissal of a complaint without notice is generally inappropriate, it is proper where the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. See State ex rel. Edwards…