506.381. Court to review complaint. - Missouri Statutes

Court to review complaint.

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

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

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

2. If a civil action or appeal of a civil judgment is dismissed onthe grounds that it was frivolous, malicious or failed to state a claimupon which relief may be granted, the court may order attorneys' fees andcourt costs to the defendant, and payment shall be made pursuant to section506.372.

(L. 1997 S.B. 56 § 8)