544.195. Rights and remedies of person wronged. - Missouri Statutes

Rights and remedies of person wronged.

544.195. 1. Nothing in sections 544.193 to 544.197 shall beconstrued as limiting any common law or statutory rights of anyperson regarding any action for damages or injunctive relief, oras precluding the prosecution under another provision of law ofany law enforcement official or employee who has violatedsections 544.193 to 544.197.

2. Any person who suffers actual damage as a result of theviolation of sections 544.193 to 544.197 may bring a privatecivil action in the circuit court of any county in which anydefendant resides or in which the search complained of occurredor in which any plaintiff resides and a defendant may be found,to recover actual damages. In addition to actual damages, thecourt may, in its discretion, also award punitive damages andsuch equitable relief as it deems necessary and proper. Thecourt may award reasonable attorney's fees to the prevailingparty, which attorney's fees shall be based on the amount of timereasonably expended by an attorney on behalf of the prevailingparty.

(L. 1980 H.B. 962 § 2)