Section 506.381

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 506

Effective - 28 Aug 1997   

  506.381.  Court to review complaint. — 1.  The court shall review, before docketing, if feasible, or as soon as practicable after docketing, a complaint in a civil action in which an offender seeks redress from a governmental entity, officer or employee and shall identify cognizable claims or dismiss the complaint or any portion of the complaint, if the complaint:

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

  (2)  Seeks monetary relief from a defendant who is immune from such relief.

  2.  If a civil action or appeal of a civil judgment is dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, the court may order attorneys' fees and court costs to the defendant, and payment shall be made pursuant to section 506.372.

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(L. 1997 S.B. 56 § 8)