SF 305

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; modifying and clarifying 
  1.3             provisions governing lawsuits by prison inmates; 
  1.4             amending Minnesota Statutes 1996, sections 244.035; 
  1.5             and 563.02, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 244.035, is 
  1.8   amended to read: 
  1.9      244.035 [SANCTIONS RELATED TO LITIGATION.] 
  1.10     The commissioner shall develop disciplinary sanctions to 
  1.11  provide infraction penalties for an inmate who submits a 
  1.12  frivolous or malicious claim as determined under section 563.02, 
  1.13  subdivision 3, or who is determined by the court to have 
  1.14  testified falsely or to have submitted false evidence to a 
  1.15  court.  Infraction penalties may include loss of privileges, 
  1.16  punitive segregation, loss of good time, or adding discipline 
  1.17  confinement time.  The determination of the commissioner 
  1.18  regarding disciplinary sanctions under this section is limited 
  1.19  to the nature and extent of the infraction penalty to be 
  1.20  imposed.  The commissioner is bound by the finding of the court 
  1.21  that the inmate submitted a frivolous or malicious claim, 
  1.22  testified falsely, or submitted false evidence. 
  1.23     Sec. 2.  Minnesota Statutes 1996, section 563.02, 
  1.24  subdivision 3, is amended to read: 
  1.25     Subd. 3.  [DISMISSAL OF ACTION.] (a) The court may, as 
  2.1   provided by this subdivision, dismiss, in whole or in part, an 
  2.2   action in which an affidavit has been filed under section 563.01 
  2.3   by an inmate seeking to proceed as a plaintiff.  The action 
  2.4   shall be dismissed without prejudice on a finding that the 
  2.5   allegation of financial inability to pay fees, costs, and 
  2.6   security for costs is false.  The action shall be dismissed with 
  2.7   prejudice if it is frivolous or malicious.  The court shall 
  2.8   provide a copy of its order dismissing an action or claim under 
  2.9   this section to the commissioner of corrections. 
  2.10     (b) In determining whether an action is frivolous or 
  2.11  malicious, the court may consider whether: 
  2.12     (1) the claim has no arguable basis in law or fact; or 
  2.13     (2) the claim is substantially similar to a previous claim 
  2.14  that was brought against the same party, arises from the same 
  2.15  operative facts, and in which there was an action that operated 
  2.16  as an adjudication on the merits.  
  2.17     (c) An order dismissing the action or specific claims 
  2.18  asserted in the action may be entered before or after service of 
  2.19  process, and with or without holding a hearing. 
  2.20     (d) If the court dismisses a specific claim in the action, 
  2.21  it shall designate any issue and defendant on which the action 
  2.22  is to proceed without the payment of fees and costs.  An order 
  2.23  under this subdivision is not subject to interlocutory appeal. 
  2.24     (e) To determine whether the allegation of financial 
  2.25  inability to pay fees, costs, and security for costs is false or 
  2.26  whether the claim is frivolous or malicious, the court may: 
  2.27     (1) request the commissioner of corrections to file a 
  2.28  report under oath responding to the issues described in 
  2.29  paragraph (b), clause (1) or (2); 
  2.30     (2) order the commissioner of corrections to furnish 
  2.31  information on the balance in the inmate's inmate account, if 
  2.32  authorized by the inmate under subdivision 2; or 
  2.33     (3) hold a hearing at the correctional facility where the 
  2.34  inmate is confined on the issue of whether the allegation of 
  2.35  financial inability to pay is false, or whether the claim is 
  2.36  frivolous or malicious.