Effective - 12 Jun 2021
1.460. Violations, liability and civil penalty — sovereign immunity not a defense. — 1. Any political subdivision or law enforcement agency that employs a law enforcement officer who acts knowingly, as defined under section 562.016, to violate the provisions of section 1.450 or otherwise knowingly deprives a citizen of Missouri of the rights or privileges ensured by Amendment II of the Constitution of the United States or Article I, Section 23 of the Constitution of Missouri while acting under the color of any state or federal law shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding for redress, and subject to a civil penalty of fifty thousand dollars per occurrence. Any person injured under this section shall have standing to pursue an action for injunctive relief in the circuit court of the county in which the action allegedly occurred or in the circuit court of Cole County with respect to the actions of such individual. The court shall hold a hearing on the motion for temporary restraining order and preliminary injunction within thirty days of service of the petition.
2. In such actions, the court may award the prevailing party, other than the state of Missouri or any political subdivision of the state, reasonable attorney's fees and costs.
3. Sovereign immunity shall not be an affirmative defense in any action pursuant to this section.
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(L. 2021 H.B. 85 & 310)
Effective 6-12-21
Structure Missouri Revised Statutes
Chapter 1 - Laws in Force and Construction of Statutes
Section 1.016 - Secondary sources do not constitute law or public policy, when.
Section 1.025 - Registered mail defined.
Section 1.028 - English is the common language of Missouri.
Section 1.030 - Plural includes the singular — masculine includes feminine.
Section 1.035 - Voter defined.
Section 1.040 - Computation of time.
Section 1.050 - Majority may act for all.
Section 1.060 - Powers of deputies.
Section 1.070 - Reference to provisions in revised statutes.
Section 1.080 - County to include St. Louis — county clerk to include register of St. Louis.
Section 1.090 - Words and phrases, how construed.
Section 1.092 - Best interest of child, welfare policy of state.
Section 1.120 - Reenactments, how construed.
Section 1.130 - Effective date of laws.
Section 1.140 - Severability of statute provisions.
Section 1.150 - Repealing law repealed, former law not revived, when.
Section 1.160 - Effect of repeal of penal statute.
Section 1.170 - Repeal of law not to affect rights acquired thereunder.
Section 1.180 - Actions pending, how affected by repeal of law.
Section 1.190 - Notices, how served.
Section 1.200 - Equality of citizens.
Section 1.210 - No imprisonment without authority of law.
Section 1.217 - Cloning — use of state funds prohibited, definition.
Section 1.302 - Religious freedom restoration act.
Section 1.410 - Citation of law — findings.
Section 1.420 - Federal laws deemed infringements of United State and Missouri Constitutions.
Section 1.430 - Invalidity of federal laws deemed an infringement.
Section 1.440 - Protection of citizens against infringement against right to keep and bear arms.
Section 1.450 - Enforcement of federal laws that infringe on right to keep and bear arms prohibited.
Section 1.460 - Violations, liability and civil penalty — sovereign immunity not a defense.
Section 1.480 - Definitions — acts not deemed violation.
Section 1.485 - Severability clause.
Section 1.513 - Broadband deployment, federal funds — failure to deploy, disclosure.