Ky. Rev. Stat. » Chapter 70
Kentucky Revised Statutes

Ky. Rev. Stat. § 70.040 (2026)

Deputy's acts and omissions -- Liability for

✓ current as of May 2026
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The sheriff shall be liable for the acts or omissions of his deputies; except that, the office of sheriff, and not the individual holder thereof, shall be liable under this section. When a deputy sheriff omits to act or acts in such a way as to render his principal responsible, and the latter discharges such responsibility, the deputy shall be liable to the principal for all damages and costs which are caused by the deputy's act or omission. History: Amended 1972 Ky. Acts ch. 363, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4558, 4561.

Notes of Decisions
Cited in 23 cases (12 in the last 5 years), 1951–2025 · leading case: Jones v. Cross, 260 S.W.3d 343 (Ky. 2008).
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Jones v. Cross, 260 S.W.3d 343 (Ky. 2008). · cites it 36× “The questions accepted for discretionary review are whether the sheriff in his official capacity (the office of sheriff) is entitled to official immunity for tortious acts of his deputies, and if so, whether KRS 70.040 waives that immunity. We opine that the sheriff in his…”
Birchwood Conservancy v. Webb, 302 F.R.D. 422 (E.D. Ky. 2014). · cites it 10× “Birchwood’s complaint also seeks to recover against Tony Hampton, the *424 Sheriff of Scott County, Kentucky, pursuant to KRS § 70.040 [Id..]. Birchwood now seeks leave to file an amended complaint in order to (1) clarify that, by naming Scott County Sheriff Tony Hampton as a…”
Harrod v. Caney, 547 S.W.3d 536 (Ky. Ct. App. 2018). · cites it 4× “045 has not been interpreted by the courts, cases interpreting KRS 70.040, which is an equivalent provision regarding the liability of the office of the sheriff and deputies, are persuasive.”
Webb v. Jessamine Cnty. Fiscal Court, 802 F. Supp. 2d 870 (E.D. Ky. 2011). · cites it 4× “040 is clearly distinct from that in KRS § 70.040 ("[t]he sheriff shall be liable for the acts or omissions of his deputies .”
Walker v. Davis, 643 F. Supp. 2d 921 (W.D. Ky. 2009). “KRS 70.040 provides that “[t]he sheriff shall be liable for the acts or omissions of his deputies; except that, the office of sheriff, and not the individual holder thereof, shall be liable under this section.”
Collins v. Hudson, 48 S.W.3d 1 (Ky. 2001). “The Court of Appeals, however, did not extend the protection of sovereign immunity to Sheriff Collins and the Franklin County Sheriffs Department, holding that KRS 70.040 was a legislative waiver of immunity with regard to those entities.”
Clark v. Franklin Cnty., Kentucky (E.D. Ky. 2022). · cites it 19× “They now request leave to amend their complaint to add a claim against Franklin County, contending that it should be held vicariously liable for the conduct of a Franklin County Sheriff’s deputy under Ky. Rev. Stat. Ann. § 70.040 . [R. 13.] For the following reasons, the Court…”
Lawson v. Burnett, 471 S.W.2d 726 (Ky. Ct. App. 1971). “” KRS 70.040 states that “The sheriff shall be liable for the acts or omissions of his deputies.”
Burl W. Everman v. Lesa G. Robinson (Ky. Ct. App. 2024). · cites it 15× “As for sovereign immunity, Robinson asserted that Sheriff Stewart and Deputy Everman in their respective official capacities were not entitled to sovereign immunity as the Kentucky General Assembly waived same by enactment of KRS 70.040. On August 3, 2023, the circuit court…”
Adkins v. Fields (E.D. Ky. 2025). · cites it 9× “KRS § 70.040 provides that “[t]he sheriff shall be liable for the acts or omissions of his deputies; except that, the office of sheriff, and not the individual holder thereof, shall be liable under this section.”
Marty \Bo\" Gilley v. Joe Prewitt Individually" (Ky. Ct. App. 2022). · cites it 7× “However, KRS 70.040 refers only to the sheriff’s being liable for the acts or omissions of deputies; the statute does not contain an express waiver of the sheriff’s immunity for his own acts or omissions.”
Barney Jones Individually v. Jason H. Cross (Ky. 2008). · cites it 11× “" Additionally, the trial court determined that KRS 70.040 did not waive immunity of a sheriff for tortious acts of a sheriff's deputies .”
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