Bill restricting frivolous lawsuits by inmates advances

A bill aimed at restricting inmates from filing frivolous lawsuits at public expense was given first-round approval April 2.

Under LB793 as introduced by Omaha Sen. Scott Lautenbaugh, an inmate who previously has filed three civil lawsuits deemed by a court to be frivolous would be prohibited from filing a civil case at the public’s expense. An inmate could continue to file civil suits at his or her personal expense.

Exceptions to the rule would include criminal appeals and cases when an inmate could prove an imminent danger of bodily harm. A Judiciary Committee amendment, adopted 32-1, removed the requirement that a threat of bodily harm be imminent.

If approved, the “three-strike” rule would apply only to lawsuits filed after passage of the law.

Lautenbaugh said frivolous lawsuits clog the state’s justice system and cost counties – particularly Douglas, Lancaster and Johnson – a considerable amount of money. One inmate filed 665 cases, he said, including 88 cases in one year.

“That is an extreme example and I don’t know if we’ll see the likes of him again,” Lautenbaugh said, “but I think it’s important that we do try to put some limit in place.”

Sen. Brenda Council of Omaha opposed the bill, saying it would place unnecessary limits on inmate’s access to the courts. While a few inmates may intentionally have abused the system in the past, she said, courts and judges already have the means to constrain those individuals without potentially restricting access to others who simply may not understand the intricacies of the legal system.

“We’re talking about inmates … they’re not lawyers, they don’t know how to frame the allegations,” Council said.

Lautenbaugh said the bill sets a high bar for denying an inmate the ability to file a lawsuit at public expense and is not intended to deny meritorious claims.

The bill advanced on a 36-1 vote.