2005 Missouri Revised Statutes - § 506.381. — 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 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.

(L. 1997 S.B. 56 8)

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