22-4611. Same; complaints, office of attorney general, procedure; civil action. (a) Any person who believes such person has been subjected to racial or other biased-based policing by a law enforcement officer or agency may file a complaint with the law enforcement agency. The complainant may also file a complaint with the office of the attorney general. The office of the attorney general shall review and, if necessary, investigate the complaint and may find there is insufficient evidence of racial or other biased-based policing or may forward the complaint for further review and possible action to the Kansas commission on peace officers' standards and training. The commission shall review and, if necessary, further investigate the complaint. The commission may take action on the officer's certification or other corrective action as allowed by its governing statutes and rules and regulations. The commission shall consult with the head of the law enforcement agency before taking final action regarding discipline of any law enforcement officer or other disposition of the complaint.
(b) Within 10 days of receiving a complaint, the office of the attorney general shall provide notification that such complaint has been filed to the accused officer and to the head of the accused officer's law enforcement agency, including a copy of all complaint documentation submitted by the complainant.
(c) Upon disposition of a complaint as provided for in subsection (a) the complainant shall have a civil cause of action in the district court against the law enforcement officer or law enforcement agency, or both, and shall be entitled to recover damages if it is determined by the court that such officer or agency engaged in racial or other biased-based policing. The court may allow the prevailing party reasonable attorney fees and court costs.
History: L. 2005, ch. 159, § 6; L. 2011, ch. 94, § 4; May 26.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 46 - General Provisions
22-4602 Effect on pending actions.
22-4603 Employment of county and city prisoners.
22-4605 Release from custody; query criminal databases.
22-4606 Racial and other profiling; definitions.
22-4609 Same; prohibited as basis for making stop, search or arrest.
22-4611 Same; complaints, office of attorney general, procedure; civil action.
22-4611a Cities, counties, comprehensive plans; contents; data collection.
22-4611b Community advisory boards; establishment, cities, counties.
22-4614 Alleged victims of certain offenses, polygraph examination prohibited.
22-4616 Domestic violence offenses; designation; special sentencing provision.
22-4617 Same; designation in case number.
22-4618 Reporting of sexually violent crimes and pornographic materials.
22-4619 Eyewitness procedures; law enforcement policies, requirements; available to public.