Section 537.523

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 1988   

  537.523.  Institutional vandalism, civil actions for damages or injunction — attorney fees and costs. — 1.  Irrespective of any criminal prosecution or the result thereof, any person incurring bodily injury or damage or loss to his property as a result of conduct in violation of section 574.085, 574.090^* or 574.093^* shall have a civil action to secure an injunction, damages or other appropriate relief in law or in equity against any and all persons who have violated section 574.085, 574.090^* or 574.093^*.

  2.  In any such action, whether a violation of section 574.085, 574.090^* or 574.093^* has occurred shall be determined according to the burden of proof used in other civil actions for similar relief.

  3.  Upon prevailing in such civil action, the plaintiff may recover:

  (1)  Both special and general damages; and

  (2)  Reasonable attorney fees and costs.

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(L. 1988 S.B. 678 § 4)

*Formerly included ethnic intimidation as a result of conduct in violation of sections 574.090 and 574.093 which were repealed by S.B. 328, 1999.