State Supreme Courts Resource

4 Republicans, 3 Democrats

• MO. CONST. Art. I § 21. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

• “A court should [recognize causes of action implied from constitutional provisions] only after a finding that the existence of the cause of action was necessarily implied to promote the purpose of the constitutional guarantee or new statutory right or privilege.” Shurn v. Monteleone, 769 S.W.2d 188, 190 (Mo. Ct. App. 1989).

• MO. ANN. STAT. § 217-262 Frivolous lawsuits, false testimony, abuse of judicial system by offender.
  • 1. An additional sixty days shall be added to the time that an offender is first eligible for parole consideration hearing or a sum of up to fifty percent of the average balance of the offender’s account for any portion of the preceding twelve months during which the offender’s account had a positive balance, shall be deducted from an offender’s account for each instance that a court finds that the offender has done any of the following while in the custody of the department:
    • (1) Filed a false, frivolous or malicious action or claim with the court;
    • (2) Brought an action or claim with the court solely or primarily for delay or harassment;
    • (3) Unreasonably expanded or delayed a judicial proceeding;
    • (4) Testified falsely or otherwise submitted false evidence or information to the court;
    • (5) Attempted to create or obtain a false affidavit, testimony, or evidence; or
    • 6) Abused the discovery process in any judicial action or proceeding. . . .
• MO. ANN. STAT. § 510.125; Grievance resolution system for offenders, civil actions stayed, when.
  • 1. In any civil action brought in a court of this state by an offender convicted of a crime who is confined in any state prison or correctional facility, the court shall stay such case until the offender has exhausted such administrative remedies as are described in this section and are available to the offender. . . .
• MO Rev. Stat. §§ 506.366, 506.369, 506.372, 506.378 (provisions indigency and payment of fees and costs)
• MO Rev. Stat. § 506.375. Dismissal of action, when. Notwithstanding any court costs which have been paid, the court shall dismiss an offender’s civil action or appeal from a judgment in a civil action at any time, including before service on the defendant, if the court determines any of the following:
  • (1) The allegation of indigency is untrue;
  • (2) The litigation is frivolous, malicious or fails to state a claim upon which relief may be granted; or
  • (3) The defendant is immune from the cause of action.
• MO Rev. Stat. § 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. . . .
• MO Rev. Stat. § 506.384. Exhaustion of administrative remedies required – dismissal – limitations on remedies
  • No civil action may be brought by an offender, except for a constitutional deprivation, until all administrative remedies are exhausted.
  • 2. If a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies. . . .
• MO Rev. Stat. § 506.387. Damages to be paid, how. Monetary damages awarded to an offender in connection with a civil action . . . shall first be paid directly to satisfy any obligation to pay for the costs of incarceration, and to satisfy any outstanding court orders requiring the offender to pay victim compensation, restitution, costs, bail, judgments, fines or other court-imposed fees in connection with a criminal prosecution or sentence. . . .