HB 1148 -- Protection Against Civil Liability

Sponsor:  Bivins

Currently, any baseless civil lawsuit filed against an individual
exercising a right to petition in a quasi-judicial proceeding
before a governmental tribunal is subject to a special motion to
dismiss, motion for judgment on the pleadings, or motion for
summary judgment that will be considered by the court on an
expedited basis.  This bill directs the court to grant the motion
to dismiss unless the responding party has produced clear and
convincing evidence that the acts of the moving party are not
immunized from liability.  All conduct or speech made at a public
meeting has a qualified privilege against liability for slander
or libel when it is made to procure any governmental action,
result, or outcome.  The party who prevails on the special motion
is allowed to petition the court for actual and punitive damages
for abuse of process and malicious prosecution.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am