Missouri Laws 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
Terms Used In Missouri Laws 506.381
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(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.