22-2523. Same; liability for unlawful search. - Kansas Statutes

22-2523

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 25.--SEARCH AND SEIZURE

      22-2523.   Same; liability for unlawful search.(a) If liability is established in any civil action brought under the Kansastort claims act for violation of subsections (a) or (b) of K.S.A. 22-2521,or K.S.A. 22-2522, the plaintiff shall be entitled to an amount equal tothe sum of the following:

      (1)   Actual damages sustained by the plaintiff;

      (2)   punitive damages, if the violation was willful, wanton or malicious;

      (3)   the costs of the action, at the discretion of the court; and

      (4)   a civil penalty in an amount set by the court of not more than $2,000for each violation.

      (b)   At the time of the assessment of the costs of any action to whichthis section applies, if upon motion, the court finds that plaintiff broughtor maintained the action frivolously or in bad faith the court may in itsdiscretion assess against the plaintiff or plaintiffs the costs of the action,to be paid to the defendant or defendants.

      History:   L. 1981, ch. 149, § 4; July 1.