Bill would prevent frivolous lawsuits from inmates

Inmates would be prevented from filing frivolous lawsuits at public expense under a bill discussed by the Judiciary Committee Jan. 20.

LB793, introduced by Omaha Sen. Scott Lautenbaugh, would place restrictions on inmates with a history of filing frivolous lawsuits. He said the bill would save taxpayer money and unclog the state court system.

“Some prisoners have abused the filing process in the past,” Lautenbaugh said. “One gentleman has filed over 600 lawsuits.”

Under the bill, any inmate who has previously filed three civil lawsuits deemed by a court to be frivolous would be prohibited from filing a civil case at the public’s expense. The inmate could continue to file civil suits at his or her personal expense.

Exceptions to the rule would include inmates who could prove an imminent danger of bodily harm or criminal appeals. If signed into law, the “three-strike” rule would apply only to lawsuits filed after the adoption of the law.

Warren Whitted, Nebraska State Bar Association president, testified in support of LB793. He said that the bill would strike an important balance within the court system.

“This bill ensures adequate access to redress in the courts while limiting frivolous lawsuits,” Whitted said.

Amy Miller, ACLU legal director, testified against the bill, saying it unfairly targets a prison population with high rates of illiteracy and poverty.

“It’s not fair to expect prisoners to meet the same standard in drafting lawsuits as trained lawyers,” Miller said. “The bill also unfairly targets the poor because those with money could continue to file suits.”

The committee took no immediate action on the bill.