HB 163 -- 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.

The Attorney General is permitted to intervene and assume the
costs of defending a suit which appears to be violating a
Missouri citizen's right of free speech that is immune from civil
liability.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:18 am