SF 848

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; creating a state court 
  1.3             action for relief for damages caused by a federal 
  1.4             court action that affects public participation by the 
  1.5             plaintiff; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 554. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [554.045] [ACTION IN DISTRICT COURT.] 
  1.9      A person may bring an action under this section in state 
  1.10  district court against a respondent who has brought a claim in 
  1.11  federal court that materially relates to public participation by 
  1.12  the person.  If the person demonstrates that the respondent's 
  1.13  action in federal court was brought for the purpose of 
  1.14  harassment, to inhibit the person's public participation, to 
  1.15  interfere with the person's exercise of protected constitutional 
  1.16  rights, or otherwise wrongfully injure the person, the court 
  1.17  shall award the person actual damages and reasonable attorney 
  1.18  fees and costs.  The court may award the person punitive damages 
  1.19  under section 549.20.