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NewsAugust 29, 1995

In recent years the Missouri attorney general's office has defended the state against many frivolous lawsuits. The Department of Corrections, for example, was accused of violating prisoners' civil rights by denying them crunchy peanut butter and unlimited Kool-Aid at lunch and salad bars on holidays...

In recent years the Missouri attorney general's office has defended the state against many frivolous lawsuits. The Department of Corrections, for example, was accused of violating prisoners' civil rights by denying them crunchy peanut butter and unlimited Kool-Aid at lunch and salad bars on holidays.

Although House Bill 424, which went into effect Monday, may not determine whether a constitutional right to fine cuisine exists, its proponents hope it will sharply reduce the number of frivolous suits inmates file.

Under the new law, inmates are required to attempt to handle complaints through administrative procedures designed by the Department of Corrections and resort to filing suit only as a last resort.

Prior to the new law inmates had nothing to lose and everything to gain by filing suit. Under the current guidelines, however, inmates are exposed to some risk.

First, they must pay filing fees, something as wards of the state they previously were exempt from. As few inmates have sizable bank accounts, fees will come from money earned at prison jobs. Also, an inmate who files a suit deemed frivolous is subject to loss of time off for good behavior.

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Attorney General Jay Nixon thinks the provisions will serve as a deferent to those thinking of undertaking meritless cases.

Most importantly, if the law achieves its purpose, it will free up state courts and prosecutors to spend time on more important cases.

"It will allow us to go out and fight crime instead of crunchy-peanut-butter cases," Nixon said.

Also, it is hoped that ending inmate lawsuits will yield savings to taxpayers. How much that will be is difficult to estimate until the law's effects can be examined.

"We'll be able to open our eyes six months from now and see what it looks like," Nixon said.

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