Exhaustion of administrative remedies required — dismissal — limitations on remedies.

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Effective - 28 Aug 1997

506.384. Exhaustion of administrative remedies required — dismissal — limitations on remedies. — 1. 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.

3. A civil action pursued by an offender in a court of this state alleging in whole or in part a violation of federal law shall be subject to all limitations on remedies established by federal law.

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(L. 1997 S.B. 56 § 9)


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