Liability for unlawful search

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. Law Review and Bar Journal References: "The Right to Be Let Alone: The Kansas Right of Privacy," J. Lyn Entrikin, 53 W.L.J. 207 (2014). CASE ANNOTATIONS 1. Action brought under K.S.A. 22-2523 is subject to three-year statute of limitations. McCormick v. City of Lawrence, 278 Kan. 797, 104 P.3d 991 (2005). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026