Kansas Statutes Annotated
K.S.A. § 19-811 (2026)
Charge and custody of jail; liability for official acts
✓ current as of May 2026
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19-811. Charge and custody of jail; liability for official acts. The sheriff shall have the charge and custody of the jail of the sheriff's county, and all the prisoners in such jail, and shall keep such jail personally, or by a deputy or jailer, for whose official acts the sheriff and sureties of the sheriff shall be liable.
History: G.S. 1868, ch. 25, § 105; R.S. 1923, 19-811; L. 2025, ch. 102, § 1; May 1.
Notes of Decisions
Cited in 22
cases (7 in the last 5 years), 1972–2026 · leading case: Fillmore v. Ordonez, 829 F. Supp. 1544 (D. Kan. 1993).
Fillmore v. Ordonez, 829 F. Supp. 1544 (D. Kan. 1993). “14 While Kansas law vests the sheriff with the “final authority” to establish jail policies on behalf of county govern *1556 ment, see K.S.A. 19-811; see also Jantz v. Muci 976 F.”
Couser v. Gay, 959 F.3d 1018 (10th Cir. 2020). “Similarly, in Alabama, the county This is consistent with Kansas sheriffs’ substantial autonomy in carrying out many non-law enforcement duties.”
Est. of Belden v. Brown Cnty., 261 P.3d 943 (Kan. Ct. App. 2011). “K.S.A. 19-811 (“The sheriff shall have the charge and custody of the jail of his county .”
Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003). “19-810; K.S.A. 19-811; K.S.A. 19-812; K.S.A. 19-813.”
Univ. of Kansas Hosp. Auth. v. Bd. of Commissioners, 327 P.3d 430 (Kan. 2014). “The first of these statutory provisions is currently codified at K.S.A. 19-811, which states: “The sheriff shall have the charge and custody of the jail of his county, and all the prisoners in the same, and shall keep such jail himself, or by his deputy or jailer, for whose acts…”
Est. of Holmes v. Somers, 387 F. Supp. 3d 1233 (D. Kan. 2019). “3d 247 ; K.S.A. 19-811. Kansas law requires sheriffs to take possession of prisoners committed by a judge of any county, issue process and writs, and serve jury summons.”
Est. of Hammers v. Douglas Cnty., 303 F. Supp. 3d 1134 (D. Kan. 2018). “Claims against Undersheriff Massey in his official capacity are dismissed. Because decisions regarding medical staff at the jail are also at issue, the court finds the BOCC is the final policymaker regarding the contracts made with Dr.”
Gaston v. Ploeger, 229 F. App'x 702 (10th Cir. 2007). “Kan. Stat. Ann. § 19-811 (2005). Thus, he is responsible for the policy decision that jail *713 ers typically are not even offered a basic corrections class until they have been employed for a year.”
Mt. Carmel Med. Ctr. v. Bd. of Cnty. Commissioners, 566 P.2d 384 (Kan. Ct. App. 1977). “The sheriff of Labette County has charge and custody of the county jail of his county and of all prisoners in the same (K.S.A. 19-811). A deputy sheriff arrived at the scene shortly after the escape occurred.”
Smith v. Barber, 316 F. Supp. 2d 992 (D. Kan. 2004). “The court agrees with the five student plaintiffs’ contention because Kan. Stat. Ann. § 19-811 makes Blundell the official responsible for the conditions in the Jail.”
Allen v. Bd. of Com'rs of Cnty. of Wyandotte, 773 F. Supp. 1442 (D. Kan. 1991). “Rather, K.S.A. 19-811 states that the sheriff shall have "charge and custody” of the jail in his or her county and shall be liable for the acts of his or her deputy or jailer.”
United States v. Wyandotte Cnty., Kansas, 343 F. Supp. 1189 (D. Kan. 1972). “Section 19-811 provides that: “The sheriff shall have the charge and custody of the jail of his county, and all the prisoners in the same, and shall keep such jail himself, or by his deputy or jailer, for whose acts he and his sureties shall be liable.”
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