☰ Revisor of Missouri

Title XXXVII CRIMINAL PROCEDURE

Chapter 544

< > Effective - 28 Aug 1980 bottom

  544.195.  Rights and remedies of person wronged. — 1.  Nothing in sections 544.193 to 544.197 shall be construed as limiting any common law or statutory rights of any person regarding any action for damages or injunctive relief, or as precluding the prosecution under another provision of law of any law enforcement official or employee who has violated sections 544.193 to 544.197.

  2.  Any person who suffers actual damage as a result of the violation of sections 544.193 to 544.197 may bring a private civil action in the circuit court of any county in which any defendant resides or in which the search complained of occurred or in which any plaintiff resides and a defendant may be found, to recover actual damages.  In addition to actual damages, the court may, in its discretion, also award punitive damages and such equitable relief as it deems necessary and proper.  The court may award reasonable attorney's fees to the prevailing party, which attorney's fees shall be based on the amount of time reasonably expended by an attorney on behalf of the prevailing party.

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(L. 1980 H.B. 962 § 2)


---- end of effective  28 Aug 1980 ----

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