K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-5416 (2026)

Mistreatment of a confined person

✓ current as of May 2026
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21-5416. Mistreatment of a confined person. (a) Mistreatment of a confined person is knowingly abusing, neglecting or ill-treating any person, who is detained or confined by any law enforcement officer or by any person in charge of or employed by the owner or operator of any correctional institution.

(b) Mistreatment of a confined person is a class A person misdemeanor.

History: L. 2010, ch. 136, § 51; July 1, 2011.

Notes of Decisions
Cited in 15 cases (9 in the last 5 years), 2019–2025 · leading case: Lehmkuhl v. Easter (D. Kan. 2023).
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Lehmkuhl v. Easter (D. Kan. 2023). · cites it 6× “The Court finds that the proper processing of Plaintiff’s Eighth Amendment claims cannot be achieved without additional information from appropriate officials of the SCJ. I. Nature of the Matter before the Court Plaintiff brings this pro se civil rights action under 42 U.”
Lehmkuhl v. Easter (D. Kan. 2023). · cites it 4× “Plaintiff cites to two criminal statutes—K.S.A. 21-5416 (Mistreatment of a Confined Person), and K.”
Collins v. Lumbreras (D. Kan. 2023). · cites it 4× “Plaintiff also asserts a claim for mistreatment of a confined person under K.S.A. § 21-5416(a). Id. at 50. Plaintiff names as Defendants: Bernadine D.”
Buchanan v. Stanton (D. Kan. 2019). · cites it 2× “The motion states it is made pursuant to K.S.A. 21-5416 and K.S.A. 21-5429. K.S.A.”
Buchanan (ID 75142) v. Johnson Cnty. Sheriff's Dep't (D. Kan. 2019). · cites it 2× “The motion states it is made pursuant to K.S.A. 21-5416 and K.S.A. 21-5429. K.S.A.”
Sperry (ID 47031) v. Corizon Health, Inc. (D. Kan. 2020). “See K.S.A. 21-5416. There is no indication that Kansas courts have found the criminal statute can be used as the basis for a civil action.”
Speer (ID 96901) v. Beardsley (D. Kan. 2020). “21-5415, K.S.A. 21-5416, K.S.A. 21- 5421 Constitution and laws of the United States.”
Sperry (ID 47031) v. Corizon Health, Inc. (D. Kan. 2020). “42; see also K.S.A. 21-5416. Plaintiff cannot maintain a private cause of action for violation of a state criminal statute, Plaintiff’s mistreatment of a confined person claim must also be dismissed.”
Sperry (ID 47031) v. Wildermuth (D. Kan. 2020). “See K.S.A. 21-5416. There is no indication that Kansas courts have found the criminal statute can be used as the basis for a civil action.”
Lynn (ID 64377) v. Willnauer (D. Kan. 2021). “To the extent Plaintiff claims criminal mistreatment, obstruction of justice and criminal deprivations of property, those claims are dismissed.”
Gilmore v. Neph (D. Kan. 2023). “21-5413, Aggravated Battery, and K.S.A. 21-5416, Mistreatment of a Confined Person.”
Lehmkuhl v. Easter (D. Kan. 2023). “) The Court responded that in light of Defendant’s request to file an attachment to the Report conventionally, Plaintiff’s concern appeared to be unfounded. Likewise, all of the allegations in Plaintiff’s objection at Doc.”
Show all 15 citing cases →
— K.S.A. § 21-5416(a) — 1 case
Collins v. Lumbreras (D. Kan. 2023). “Plaintiff also asserts a claim for mistreatment of a confined person under K.S.A. § 21-5416(a). Id. at 50. Plaintiff names as Defendants: Bernadine D.”
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