(1) Except as provided in subsection (2) of this section, the court may not waive or defer an inmate’s fees or court costs under ORS 30.643 if the inmate has, on three or more prior occasions while incarcerated or detained in any correctional facility, filed an action against a public body in a court of this state that was dismissed on the grounds that the action:
(a) Was frivolous or malicious;
(b) Failed to state a claim upon which relief could be granted; or
(c) Sought monetary relief from a defendant who is immune from a claim for monetary relief.
(2) The court may waive or defer fees or court costs of an inmate who would not otherwise be eligible for waiver or deferral under subsection (1) of this section if the inmate establishes in the application for waiver or deferral that the inmate is in imminent danger of serious physical injury and the action against a public body is needed to seek relief from that danger. [1999 c.657 §3; 2007 c.493 §12]
Section: Previous 30.600 30.610 30.620 30.630 30.640 30.642 30.643 30.645 30.646 30.647 30.650 30.655 30.656 30.658 30.660 NextLast modified: August 7, 2008