Notwithstanding any court costs which have been paid, the court shall dismiss an offender's civil action or appeal from a judgment in a civil action at any time, including before service on the defendant, if the court determines any of the following:

1. (1) The allegation of indigency is untrue;
2. (2) The litigation is frivolous, malicious or fails to state a claim upon which relief may be granted; or
3. (3) The defendant is immune from the cause of action.

(L. 1997 S.B. 56 § 6, A.L. 1999 S.B. 1, et al.)