22-2523.
Liability for unlawful search.
(a) If liability is established in any civil action brought under the Kansas tort 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 to the 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 $2,000 for each violation.
(b) At the time of the assessment of the costs of any action to which this section applies, if upon motion, the court finds that plaintiff brought or maintained the action frivolously or in bad faith the court may in its discretion 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.
Notes of Decisions
McCormick v. City of Lawrence, 104 P.3d 991 (Kan. 2005).
· cites it 11× “22-2522, which are made actionable by K.S.A. 22-2523. The district court dismissed McCormick’s lawsuit, ruling that it was not filed within the applicable statute of limitations.”
Cook v. Olathe Med. Ctr., Inc., 773 F. Supp. 2d 990 (D. Kan. 2011).
· cites it 4× “46 K.S.A. § 22-2523 provides liability for violations of Sections 22-2521 and 22-2522.”
Burnett v. Sw. Bell Tel., L.P., 151 P.3d 837 (Kan. 2007).
“Essentially, the City’s argument is that the appropriate test to be applied is whether McCormick would have had any cause of action at common law regardless of whether it is a different cause of action, while McCormick argues the appropriate test is whether he would have had…”
McCormick v. City of Lawrence, 89 P.3d 657 (Kan. Ct. App. 2004).
· cites it 3× “*819 K.S.A. 22-2523 reads, in relevant part: “(a) If liability is established in any civil action brought under the Kansas tort claims act for violation of subsections (a) or (b) of K.”
— K.S.A. § 22-2523(a)(l) — 1 case
McCormick v. City of Lawrence, 89 P.3d 657 (Kan. Ct. App. 2004).
“*819 K.S.A. 22-2523 reads, in relevant part: “(a) If liability is established in any civil action brought under the Kansas tort claims act for violation of subsections (a) or (b) of K.”
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